非法搜查所获得的证据包括两种情形:非法证据和瑕疵证据,前者适用非法证据排除规则,而后者的证据能力处于待定状态。非法搜查所获得的非法证据与瑕疵证据都是违反法定程序获取的,两者有相似之处,但两者存在显著区别,正确区分非法证据与瑕疵证据对界定非法搜查所获证据的证据能力具有重要意义。 The evidence obtained by illegal search includes two cases: illegitimate evidence and flaw evidence, the former applies the exclusionary rule of illegitimate evidence, and the latter has the ability of evidence to be determined. Illegal and illegally obtained illegally obtained evidence are in violation of legal procedures to obtain the two similarities, but there is a significant difference between the two, the correct distinction between illegal evidence and defective evidence to define the evidence obtained by illegal search of evidence of the ability to have Significance.