Real evidence is supplied by a thing that is inspected by the jury, or other trier of fact. (Statements by witnesses are called testimonial evidence.) The acquisition and use of real evidence in the criminal process intersects with constitutional doctrine in various ways. For example, the exclusionary rule may forbid the offering of evidence—such as a gun or a bag containing marijuana—that has been obtained in an unconstitutional search and seizure. Correspondingly, the probability that such real evidence will be found in a particular place may, under the doctrine of probable cause, justify the issuance of a search warrant.
Kenneth L. Karst