Legal Question in Criminal Law in Texas
items found in a illegal search is called??something forbidden fruit''
I can not find legal written law on illegal searches and something about the fact that anything taken in such an illegal search any items found being called forbidden fruit I can not find this law??I really need to find this law.or one stating any items found in a illegal search can not be use againt one in court of law. Thank YOU.
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2 Answers from Attorneys
Re: illegal search and seizure forbidden fruit
Hello there,
If there is an illegal search and seizure the evidence found is called the "fruit from the forbidden tree." It is called this because the police don't always give you the benefit of your Constitutional rights.
When this occurs you need to file a motion to suppress and fight how the evidence was obtained.
If you are successful the evidence cannot be used against you and cases are most likely dismissed do to lack of evidence.
If my office can be of any assistance feel free to contact us because this is what we specialize in.
Sincerely,
Erick Platten
PLATTEN LAW OFFICE
STATE WIDE REPRESENTATION
STATE WIDE TRAFFIC TICKET DEFENSE
TylerJustice.com
9035939100 office
9035708248 mobile
Re: items found in a illegal search is called??something forbidden fruit''
In texas, the statute you are looking for is 38.23 of the Code of Criminal Procedure. However, beware there might be exceptions to the statute.
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