Can marijuana seized in an unlawful search be used as evidence in malicious prosecution cases?

Under both federal and New York law, a plaintiff suing for malicious prosecution must establish, inter alia, that the challenged criminal proceedings were not supported by probable cause. See Manganiello v. City of New York, 612 F.3d 149, 160-61 (2d Cir. 2010). Cabral argues that, despite Townes v. City of New York, 176 F.3d at 148, marijuana seized in an unlawful search cannot supply that probable cause in light of Boyd v. City of New York, 336 F.3d 72, 77 (2d Cir. 2003) (holding that evidence that "would clearly not be admissible" cannot provide "probable cause to believe the prosecution could

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