Suppressing Unlawfully Obtained Evidence in Texas: Understanding Your Rights
Updated: Mar 5
By Sholdon Daniels
As a resident of Texas, it's important to understand your constitutional rights when it comes to criminal investigations and proceedings. One crucial area to understand is the suppression of unlawfully obtained evidence. This refers to evidence obtained by law enforcement or others in violation of the Constitution or laws of Texas or the United States. As per Art. 38.23 of the Texas Code of Criminal Procedure, such evidence cannot be admitted in evidence against the accused in any criminal case.
Knowing about this right is important because it could potentially have a significant impact on the outcome of a criminal case. If you believe that evidence against you has been obtained unlawfully, you have the right to challenge its admissibility in court. If the court agrees that the evidence was obtained in violation of your rights, it can be suppressed, which may ultimately lead to a dismissal of charges or a not guilty verdict.
But it's not just defendants who benefit from understanding the suppression of unlawfully obtained evidence. Law enforcement officers and other individuals involved in the criminal justice system also need to be aware of the consequences of violating constitutional rights. In addition to the suppression of the evidence, such shady violations can lead to civil lawsuits, disciplinary action, and even criminal charges. So, corrupt cops beware!
Cops have been known to lie, plant evidence, secretly record confidential communications, and do all types of nefarious acts in order to obtain a conviction and feel like a hero. Of course, not all police are untrustworthy, but when preparing a legal defense, one should treat all the evidence with suspicion and verify its admissibility. Make sure you discuss the evidence in your case with your attorney and consider suppressing anything that was illegally obtained.
If you or a loved one have been the victim of police misconduct or had unlawfully obtained evidence used against you, it's important to speak with an experienced criminal defense attorney like myself. At Attorney Sholdon Daniels, PLLC my team is dedicated to protecting your constitutional rights and fighting for your freedom.
Contact me today at 1-844-SHOLDON to schedule a consultation.