What are the rules on evidence-gathering in criminal cases?
In Texas, evidence-gathering rules in criminal cases are dictated by the rules of criminal procedure. Generally, these rules require police to obtain a valid search warrant before searching a person or place for evidence. A search warrant must be based on probable cause, which is the belief that a crime has been committed and that the evidence will be found where the search is conducted. Police can also conduct searches without a warrant if they have probable cause and it is impractical to obtain a warrant. This is known as an exception, and it is allowed if there is an immediate need for the evidence and the delay in getting the warrant would result in a risk of the evidence being destroyed or lost. Evidence that is obtained without a warrant is known as "fruit of the poisonous tree" and is generally not admissible in court. However, there are certain exceptions to this rule. In addition to obtaining evidence from search warrants, police can also legally gain evidence by questioning suspects and witnesses or observing a crime scene. In addition to physical evidence, police can also collect electronically stored information, such as emails, text messages, and other computer records. This type of evidence must be obtained with a valid search warrant. Overall, police must adhere to the rules of criminal procedure when gathering evidence in criminal cases. This ensures that the evidence obtained is done so legally, and that the rights of citizens are properly protected.
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