Article:
Robert O. Dawson, State-Created Exclusionary Rules in Search
and Seizure: A Study of the Texas Experience, 59 Texas L.
Rev. 191 (1981).
Abstract:
Many state constitutions contain provisions similar to the
Fourth Amendment’s prohibition against “unreasonable searches
and seizures.” Recent U.S. Supreme Court decisions have limited
the applicability of the exclusionary rule, which says that any
evidence obtained by illegal searches is inadmissible against a
criminal defendant. State courts are often reluctant to branch
out on their own in this area of criminal procedure. In this
article, Professor Dawson surveys the history of article 38.23
of the Texas Code of Criminal Procedure to see how it reflects
changing times.