The Exclusionary Rule and Article 38

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ContrastySandDune
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Which rule is regulated by statute in Texas?

Exclusionary rule

What is the purpose of the exclusionary rule in Texas?

To exclude evidence obtained illegally

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

If it was obtained by an officer or other person in violation of any provisions of the Constitution or laws

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?

No, the evidence will not be barred.

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

No, the Texas statutory exclusionary rule does not apply to private citizens.

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

No, the Exclusionary Rule should not bar the admission of evidence.

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?

No, the Fourth Amendment exclusionary rule does not apply to such evidence.

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

United States v. Leon

What is the purpose of the exclusionary rule in Texas?

To protect individuals from unreasonable searches and seizures

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

When it was obtained by a law enforcement officer acting in good faith reliance upon a warrant

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?

No, the evidence will not be barred.

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

No, the Texas statutory exclusionary rule does not apply to private citizens.

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

No, the Exclusionary Rule should not bar the admission of evidence.

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?

No, the Fourth Amendment exclusionary rule does not apply to evidence obtained from warrantless administrative searches.

Test your knowledge of the exclusionary rule in Texas and its regulation under the Code of Criminal Procedure. Understand the provisions of Article 38.23 and the impact of violating constitutional and state laws on the admissibility of evidence.

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