To display a statute as it exists on a particular date:*
  • 1.  Select a date using the Calendar selector on the left.
  • 2.  Select a Code, an Article/Chapter, and an Art./Sec. for the selected Code.
  • 3.  To start over, click the Reset button.
  •  

* Statutes are available from 2004 through the 85th Legislature, 1st Called Session, 2017. Please note that some statutes will not become effective until a future date.

<       >
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31 1 2 3 4
5 6 7 8 9 10 11
Selected Date: 3/13/2015
Code:
Article/Chapter:
Art./Sec.:

Code of Criminal Procedure 38.23 on 3/13/2015

	
					

Art. 38.23. EVIDENCE NOT TO BE USED. (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.

In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.

(b) It is an exception to the provisions of Subsection (a) of this Article that the evidence was obtained by a law enforcement officer acting in objective good faith reliance upon a warrant issued by a neutral magistrate based on probable cause.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1987, 70th Leg., ch. 546, Sec. 1, eff. Sept. 1, 1987.

The statutes available on this website are current through the 1st Called Session of the 85th Legislature, August 2017. The Texas Constitution is current through the amendments approved by voters in November 2017. In 2018 the section headings to the constitution, which are not officially part of the text of the constitution, have been revised to reflect amendments and to modernize the language.