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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Asked on 2/13/06, 4:42 am

2 Answers from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

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

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Answered on 2/21/06, 4:57 am
michael palmer Law Office of Michael Palmer

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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Answered on 2/13/06, 10:43 am


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