1. First, determine what the primary differences are between the Texas exclusionary rule, provided below, and the federal exclusionary rule, which was presented in the textbook? Second, since the goal of the exclusionary rule is to deter official police misconduct, how does the Texas rule further or hinder that goal? Why do you think Texas codified such a provision into its exclusionary rule?
Here is the Texas Exclusionary Rule Provision:
Texas Code of Criminal Procedure, Chapter 38, Article 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.