Art. 38.23. Evidence not to be used

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TX CRIM PRO Art. 38.23Vernon's Texas Statutes and Codes AnnotatedCode of Criminal Procedure (Approx. 9 pages)

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Art. 38.23. Evidence not to be used

TX CRIM PRO Art. 38.23Vernon's Texas Statutes and Codes AnnotatedCode of Criminal Procedure (Approx. 9 pages)

Vernon's Texas Statutes and Codes Annotated

Code of Criminal Procedure (Refs & Annos)

Title 1. Code of Criminal Procedure

Trial and Its Incidents

Chapter Thirty-Eight. Evidence in Criminal Actions (Refs & Annos)

Vernon's Ann.Texas C.C.P. Art. 38.23

Art. 38.23. Evidence not to be used

Currentness

(a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.

In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.

(b) It is an exception to the provisions of Subsection (a) of this Article that the evidence was obtained by a law enforcement officer acting in objective good faith reliance upon a warrant issued by a neutral magistrate based on probable cause.

Credits

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. Amended by Acts 1987, 70th Leg., ch. 546, § 1, eff. Sept. 1, 1987.

Vernon's Ann. Texas C. C. P. Art. 38.23, TX CRIM PRO Art. 38.23

Current through the end of the 2023 Regular, Second, Third and Fourth Called Sessions of the 88th Legislature, and the Nov. 7, 2023 general election.

End of Document

Art. 38.23. Evidence not to be used | Statutes | Westlaw