Texas Code of Criminal Procedure - Article 38.23. Evidence Not To Be Used
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Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 38.23. Evidence Not To Be Used
Article: 38.15 38.16 38.17 38.18 38.19 38.21 38.22 38.23 38.25 38.27 38.30 38.31 38.32 38.33 38.34
Art. 38.23. [727A] EVIDENCE NOT TO BE USED. (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
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.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.
Amended by Acts 1987, 70th Leg., ch. 546, Sec. 1, eff. Sept. 1,
Last modified: August 11, 2007