Excluding Criminal Evidence Texas-Style: Can Private Searches Poison the Fruit?
Bubany, Charles P.
Cockerell, Perry J.
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Examines the extent to which the Texas exclusionary rule applies to private persons as well as the government. Texas provides greater protections to criminal defendants than does the federal government, making evidence illegally obtained by private individuals also fruit of the poisonous tree. The authors express uncertainty at whether the law requires these private persons to be acting in concert with law enforcement.