Exclusionary Rule Under the Fourth Essay

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An exception to this is a search conducted by officer acting in objective "good faith" and wit the inclusion of a warrant obtained on the basis of probable cause.

A further provision holds that, if a jury has reasonable reason to believe that the evidence was obtained in violation of the Article, it should disregard the evidence obtained. The Texas Penal Code works in tandem with the exclusionary rule, in that it concerns the falsification of evidence; the false presentation of records or documents in an attempt to affect the outcome of the investigation is an offence, unless such a document is privileged or the work product of parties to the investigation.

It therefore appears that the Texas rule provides a broader basis of protection for its citizens, rather than the single dimension of police searches as provided by the U.S. Constitution. Indeed, the implication is that no person is allowed to search a premises without a warrant and that no evidence obtained by any form of unconstitutional search can be admitted.

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One of the main reasons for the general ignorance of Texas law officials of the differences between the Texas and United States exclusionary rules could be based upon the fact that the Texas rule is somewhat broader, and is therefore not much influenced by the United States exclusionary rule. In other words, all cases heard in Texas are subject to the Texas rule. It is unlikely that the United States exclusionary rule would influence or even override the Texas rule, as the latter has more specific provisions regarding the finding and use of evidence against citizens in criminal cases.

On the other hand, this is perhaps a situation that should be remedied, as law enforcement throughout the country should by rights occur within the context of the U.S.….....

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