Evidence that is seized in an unlawful search may be used for impeachment of the defendant if the defendant takes the stand at his trial.

Question

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The U.S. Supreme Court has held that evidence obtained in violation of the Fourth Amendment, which protects against unreasonable searches and seizures, may not be used in the prosecution's case in chief but can be used to impeach the credibility of the defendant's testimony if the defendant takes the stand. This principle was established in the case of Harris v. New York (1971).

Evidence That Is Seized in an Unlawful Search May Be