The Exclusionary Rule and Article 38
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Questions and Answers

Which rule is regulated by statute in Texas?

  • Leon rule
  • Exclusionary rule (correct)
  • Supreme Court rule
  • Good faith exception
  • What is the purpose of the exclusionary rule in Texas?

  • To admit evidence obtained legally
  • To admit evidence obtained illegally
  • To exclude evidence obtained legally
  • To exclude evidence obtained illegally (correct)
  • Under what circumstances is evidence obtained in violation of the Constitution or laws admissible in Texas?

  • If it was obtained by a law enforcement officer acting in good faith reliance upon a warrant
  • If it was obtained by an officer or other person in violation of any provisions of the Constitution or laws (correct)
  • If it was obtained in violation of the provisions of the Code of Criminal Procedure
  • If it was obtained by a neutral magistrate based on probable cause
  • According to the Fourth Amendment Exclusionary Rule, if a search warrant is found to be defective, will the evidence obtained from the execution of that warrant be barred?

    <p>No, the evidence will not be barred.</p> Signup and view all the answers

    Does the Texas statutory exclusionary rule apply to private citizens who violate the Fourth Amendment?

    <p>No, the Texas statutory exclusionary rule does not apply to private citizens.</p> Signup and view all the answers

    Should the Exclusionary Rule bar the admission of evidence if a search warrant is found to be invalid due to a technical error?

    <p>No, the Exclusionary Rule should not bar the admission of evidence.</p> Signup and view all the answers

    Does the Fourth Amendment exclusionary rule apply to evidence obtained by police who rely on a statute authorizing warrantless administrative searches that is later found to violate the Fourth Amendment?

    <p>No, the Fourth Amendment exclusionary rule does not apply to such evidence.</p> Signup and view all the answers

    Which court case originally established the 'good faith' exception to the exclusionary rule in Texas?

    <p>United States v. Leon</p> Signup and view all the answers

    What is the purpose of the exclusionary rule in Texas?

    <p>To protect individuals from unreasonable searches and seizures</p> Signup and view all the answers

    Under what circumstances is evidence obtained in violation of the Constitution or laws admissible in Texas?

    <p>When it was obtained by a law enforcement officer acting in good faith reliance upon a warrant</p> Signup and view all the answers

    According to the Fourth Amendment Exclusionary Rule, if a search warrant is found to be defective, will the evidence obtained from the execution of that warrant be barred?

    <p>No, the evidence will not be barred.</p> Signup and view all the answers

    Does the Texas statutory exclusionary rule apply to private citizens who violate the Fourth Amendment?

    <p>No, the Texas statutory exclusionary rule does not apply to private citizens.</p> Signup and view all the answers

    Should the Exclusionary Rule bar the admission of evidence if a search warrant is found to be invalid due to a technical error?

    <p>No, the Exclusionary Rule should not bar the admission of evidence.</p> Signup and view all the answers

    Does the Fourth Amendment exclusionary rule apply to evidence obtained by police who rely on a statute authorizing warrantless administrative searches that is later found to violate the Fourth Amendment?

    <p>No, the Fourth Amendment exclusionary rule does not apply to evidence obtained from warrantless administrative searches.</p> Signup and view all the answers

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