Final answer:
Contraband, being illegal by its very nature, will be documented criminally if discovered by law enforcement. The possession, distribution, or transportation of such items can lead to criminal charges, though the Fourth Amendment and the exclusionary rule protect individuals from evidence obtained through illegal searches or seizures being used against them in court.
Step-by-step explanation:
If contraband is illegal in and of itself, then yes, it will typically be documented criminally. The term 'contraband' refers to goods that are illegal to possess or transport. Contraband can include illegal substances such as drugs or items prohibited by law. If discovered, the possession or transportation of contraband can result in criminal charges, and law enforcement agencies will document these incidents as part of their criminal investigations. Documentation and evidence of the contraband itself can support various criminal charges such as trafficking, distribution, or possession of illegal substances.
The legal principle behind the handling of contraband is related to the broader application of the Fourth Amendment, which protects against unreasonable searches and seizures. In cases where evidence is obtained through an illegal search or seizure without a proper warrant, the exclusionary rule comes into play. This rule prevents evidence obtained in violation of a defendant's Fourth Amendment rights from being used in a court of law. The idea is that if the initial evidence (the 'poisonous tree') is tainted by illegality, then any further evidence that stems from it (the 'fruit') is also tainted and inadmissible in court.
While illegal substances and activities directly involving contraband are widely documented and prosecuted, when such evidence is obtained illegally by law enforcement, it may be deemed inadmissible in court due to the exclusionary rule, ensuring the protection of constitutional rights.