broadest state exclusionary requirement (Texas) · Go Syfert
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broadest state exclusionary requirement in Texas

8 Texas opinions name it 2 courts 2010–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Davidson v. Stategreen
texcrimapp · 2000 · cited in 3 Texas opinions naming this issue, 2010–2010
2 sentences

2010DAWSON, TEXAS PRACTICE: CRIMINAL PRACTICE AND PROCEDURE §§ 4.11-4.35 (2d ed. 2001) (discussing the distinctions between the federal constitutional exclusionary law and the Texas statutory exclusionary rule; noting that "Article 38.23 of the Code of Criminal Procedure imposes what is probably the broadest state exclusionary requirement of any American jurisdiction."). [24] See Davidson v. State, 25 S.W.3d 183 , 186 n. 4 (Tex.Crim.App.2000) (article 38.23 mandates the exclusion of evidence that has been obtained in contravention of legal or constitutional rights); Imo v. State, 826 S.W.2d 714, 7

2010DAWSON , TEXAS PRACTICE : CRIMINAL PRACTICE AND PROCEDURE §§ 4.11-4.35 (2d ed. 2001) (discussing the distinctions between the federal constitutional exclusionary law and the Texas statutory exclusionary rule; noting that “Article 38.23 of the Code of Criminal Procedure imposes what is probably the broadest state exclusionary requirement of any American jurisdiction.”). 24 See Davidson v. State, 25 S.W.3d 183 , 186 n.4 (Tex. Crim.

23
Chavez v. Stategreen
texcrimapp · 2000 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010DAWSON, TEXAS PRACTICE: CRIMINAL PRACTICE AND PROCEDURE §§ 4.11-4.35 (2d ed. 2001) (discussing the distinctions between the federal constitutional exclusionary law and the Texas statutory exclusionary rule; noting that "Article 38.23 of the Code of Criminal Procedure imposes what is probably the broadest state exclusionary requirement of any American jurisdiction."). [24] See Davidson v. State, 25 S.W.3d 183 , 186 n. 4 (Tex.Crim.App.2000) (article 38.23 mandates the exclusion of evidence that has been obtained in contravention of legal or constitutional rights); Imo v. State, 826 S.W.2d 714, 7

2010App. 2000) (article 38.23 mandates the exclusion of evidence that has been obtained in contravention of legal or constitutional rights); Imo v. State, 826 S.W.2d 714, 714 (Tex. App.—Texarkana 1992, no pet.) (art. 38.23 is more protective of individual rights than the federal constitution). 25 Miles v. State, 241 S.W.3d at 36 n.33; Chavez v. State, 9 S.W.3d 817, 822 (Tex. Crim.

22
Imo v. Stategreen
texapp · 1992 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010DAWSON, TEXAS PRACTICE: CRIMINAL PRACTICE AND PROCEDURE §§ 4.11-4.35 (2d ed. 2001) (discussing the distinctions between the federal constitutional exclusionary law and the Texas statutory exclusionary rule; noting that "Article 38.23 of the Code of Criminal Procedure imposes what is probably the broadest state exclusionary requirement of any American jurisdiction."). [24] See Davidson v. State, 25 S.W.3d 183 , 186 n. 4 (Tex.Crim.App.2000) (article 38.23 mandates the exclusion of evidence that has been obtained in contravention of legal or constitutional rights); Imo v. State, 826 S.W.2d 714, 7

2010See Davidson v. State, 25 S.W.3d 183 , 186 n. 4 (Tex.Crim.App.2000) (article 38.23 mandates the exclusion of evidence that has been obtained in contravention of legal or constitu tional rights); Imo v. State, 826 S.W.2d 714, 714 (Tex.App.-Texarkana 1992, no pet.) (art. 38.23 is more protective of individual rights than the federal constitution). .

22
Wilson v. Stategreen
texcrimapp · 2010 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015This Court of Criminal Appeals explained in Wilson that the purpose of Article 38.23 is "to protect a suspect's privacy, property, and liberty rights against overzealous law enforcement . . . [and] to deter unlawful actions which violate the rights of criminal suspects in the acquisition of evidence for prosecution." Wilson v. State, 311 S.W.3d 452, 458-59 (Tex. Crim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Carroll v. State green
texapp · 1995
2 sentences

2011The State argues, based on Carroll v. State, 911 S.W.2d 210 (Tex. App.–Austin 1995, no pet.), that Appellees‟ argument was an attack on the affidavit and was, therefore, limited to the four corners of the affidavit.

2011The State argues, based on Carroll v. State, 911 S.W.2d 210 (Tex. App.–Austin 1995, no pet.), that Appellee‟s argument was an attack on the affidavit and was, therefore, limited to the four corners of the affidavit.

42011–2011
Miles v. State green
texcrimapp · 2007
2 sentences

2010DAWSON, TEXAS PRACTICE: CRIMINAL PRACTICE AND PROCEDURE §§ 4.11-4.35 (2d ed. 2001) (discussing the distinctions between the federal constitutional exclusionary law and the Texas statutory exclusionary rule; noting that "Article 38.23 of the Code of Criminal Procedure imposes what is probably the broadest state exclusionary requirement of any American jurisdiction."). [24] See Davidson v. State, 25 S.W.3d 183 , 186 n. 4 (Tex.Crim.App.2000) (article 38.23 mandates the exclusion of evidence that has been obtained in contravention of legal or constitutional rights); Imo v. State, 826 S.W.2d 714, 7

2010App. 2000) (article 38.23 mandates the exclusion of evidence that has been obtained in contravention of legal or constitutional rights); Imo v. State, 826 S.W.2d 714, 714 (Tex. App.—Texarkana 1992, no pet.) (art. 38.23 is more protective of individual rights than the federal constitution). 25 Miles v. State, 241 S.W.3d at 36 n.33; Chavez v. State, 9 S.W.3d 817, 822 (Tex. Crim.

22010–2010
Brick v. State green
texcrimapp · 1987
1 sentence

2010App.2000) (Price, J., concurring); Brick v. State, 738 S.W.2d 676 , 679 n. 5 (Tex.Crim.

12010–2010

Statutes the citing opinions construe

TX § Tex. Penal Code § 37.09 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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