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NOTICE: Due to COVID-19, we are currently conducting client consultations through in-person meetings, ZOOM or via teleconference in order to protect our clients and employees. Our office hours are 8am – 5pm.

Legal services and advice may be necessary now more than ever, so please do not hesitate to call us if you have questions or need assistance.

You may request a meeting by phone at 956-391-1358 or by email at [email protected]

Law Office of

Osvaldo J. Morales III P.C.

Hablamos Español

Free Consultations Available –

NOTICE: Due to COVID-19, we are currently conducting client consultations through in-person meetings, ZOOM or via teleconference in order to protect our clients and employees. Our office hours are 8am – 5pm.

Legal services and advice may be necessary now more than ever, so please do not hesitate to call us if you have questions or need assistance.

You may request a meeting by phone at 956-391-1358 or by email at [email protected]

Law Office of

Osvaldo J. Morales III P.C.

Hablamos Español

Free Consultations Available –

NOTICE: Due to COVID-19, we are currently conducting client consultations through in-person meetings, ZOOM or via teleconference in order to protect our clients and employees. Our office hours are 8am – 5pm.

Legal services and advice may be necessary now more than ever, so please do not hesitate to call us if you have questions or need assistance.

You may request a meeting by phone at 956-391-1358 or by email at [email protected]

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Home » Criminal Defense » What is the exclusionary rule?

In a criminal case, there is inadmissible evidence and admissible evidence. To defend yourself in Texas against criminal allegations, you may choose to suppress evidence. This is evidence that is both competent and relevant. The courts may toss out evidence that is not relevant or competent during the trial. Defense strategies may involve suppressing evidence that police officers collect wrongfully, despite being inadmissible in any other circumstance. This suppression occurs under the Exclusionary Rule.

If a police officer violates the rights of the suspect under the Fourth Amendment, then this may result in evidence that he or she cannot submit to the court. The idea behind the exclusionary rule is to prevent cops or at least deter cops from acting inappropriately or taking part in police misconduct. For instance, if an officer happens to gather evidence of a criminal act without a warrant and without probable cause to search or seize the property of the defendant, than all of that evidence may end up tossed out.

Another piece of the exclusionary rule involves more than what the police seize. For instance, if an officer arrests a person after an illegal search, the entire arrest may turn out to be illegal. In addition, if that person confesses to any crime while in custody, the confession is no longer inadmissible.  If police conduct violates the Fourth Amendment, then odds are the exclusionary rule is valid. Suspects have rights and officers cannot search without consent or probable cause.

The above information is meant to inform on the exclusionary rule. It is not to be considered legal advice.