Texas statute
Tex. Code Crim. Proc. art. 38.23 — Evidence not to be used
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 38: EVIDENCE IN CRIMINAL ACTIONS, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 38.23
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
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