How are search and seizure issues addressed in criminal defense law?

Search and seizure issues are addressed in criminal defense law in Texas by a process known as the “exclusionary rule.” This rule essentially states that any evidence obtained by law enforcement officers in violation of the defendant’s Fourth Amendment rights cannot be used in court against them. In order for evidence to be admissible, it must have been obtained pursuant to a valid warrant or due to an exception to the warrant requirement. For example, if a police officer searches a person’s home without a warrant, the search is considered illegal because it violates the Fourth Amendment’s protection from unreasonable search and seizure. The evidence obtained from the illegal search would be “excluded” from the trial because it was obtained illegally. This means that the prosecution would be unable to use the illegally-obtained evidence against the defendant during the trial. In Texas, criminal defense attorneys are responsible for arguing that evidence was obtained illegally and that it should be excluded in trial. If the defense can convince the judge that the evidence was obtained illegally, then the evidence will not be allowed in court. However, if the judge decides that the evidence was obtained appropriately, then it will be admitted in the trial.

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How are search and seizure issues addressed in criminal defense law?

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