What does Article 38.23 state regarding unlawfully obtained evidence?

Article 38.23 of the Code of Criminal Procedure addresses the admissibility of evidence that has been unlawfully obtained. Specifically, it stipulates that evidence acquired in violation of the Texas Constitution or the Texas Code of Criminal Procedure is not admissible in court. This principle is rooted in protecting citizens against unreasonable searches and seizures, ensuring that law enforcement follows legal protocols in gathering evidence.

The rationale behind this rule is to deter unlawful investigative practices and uphold the integrity of the judicial system. By declaring that unlawfully obtained evidence is inadmissible, the law reinforces the expectation that law enforcement must act within legal boundaries to maintain public trust and protect individual rights. This makes it clear that having a warrant or following proper procedures is essential for the admissibility of evidence in legal proceedings.