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Questions and Answers
In Texas, will evidence discovered during an illegal warrantless search be suppressed if it is subsequently discovered during a search pursuant to a warrant obtained after the illegal search?
In Texas, will evidence discovered during an illegal warrantless search be suppressed if it is subsequently discovered during a search pursuant to a warrant obtained after the illegal search?
- Only if the warrantless entry contributed to the issuance of the warrant
- Only if the warrantless entry was unlawful
- No (correct)
- Yes
According to the Texas Court of Criminal Appeals, why is the 'inevitable discovery' rule not available in Texas?
According to the Texas Court of Criminal Appeals, why is the 'inevitable discovery' rule not available in Texas?
- It is inconsistent with the Texas rule that prohibits the admission of evidence obtained in violation of the law
- It has been expressly ruled out in Article 38.23 of the Code of Criminal Procedure (correct)
- It requires an amendment to the statute by the Legislature
- It is not mentioned in the statute as an exception to the exclusionary rule
What did the Texas Court of Criminal Appeals determine about the 'independent source' doctrine?
What did the Texas Court of Criminal Appeals determine about the 'independent source' doctrine?
- It is inconsistent with the Texas rule that prohibits the admission of evidence obtained in violation of the law
- It is an exception to the exclusionary rule in Texas (correct)
- It requires an amendment to the statute by the Legislature
- It is mentioned in the statute as an exception to the application of the State's exclusionary rule
Why did the Texas Court of Criminal Appeals consider evidence obtained through the 'independent source' doctrine untainted?
Why did the Texas Court of Criminal Appeals consider evidence obtained through the 'independent source' doctrine untainted?
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