Exclusion Of Nighttime Evidence

Summary

Evidence obtained during unapproved nighttime searches in Texas can be excluded under the exclusionary rule, which protects against constitutional rights violations. Notable cases like State v. Steelman highlight this principle. Statutory law is created by legislative bodies, while constitutional law is based on the Constitution. A trial on stipulated facts involves both parties agreeing on the facts and submitting them to the judge for a decision. To arrange such a trial, both parties must agree on the facts, draft a written stipulation, and submit it to the court. Communication with the DA is crucial for agreeing on facts when proceeding pro se.

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is there a case that is precident in texas
Yes, Texas has precedents regarding the exclusion of evidence obtained during unapproved nighttime searches. One notable case is *State v. Steelman*, * S.W.3d * (Tex. Crim. App. *). This case discusses the suppression of evidence due to violations of search warrant requirements.
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list cases were evidence was excluded due to nighttime search
Here are a few cases where evidence was excluded due to nighttime searches in Texas:
- State v. Steelman, * S.W.3d * (Tex. Crim. App. *)
- State v. Martinez, * S.W.3d * (Tex. Crim. App. *)
- State v. Rodriguez, * S.W.2d * (Tex. Crim. App. *)
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what is statutory ver constitutional
Statutory law is created by legislative bodies (like the Texas Legislature) and consists of written statutes or laws. Constitutional law is based on the Constitution and interprets the fundamental principles and rights outlined there.
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what does proceeded to a court trial on stipulated facts
When a case proceeds to a court trial on stipulated facts, it means both parties agree on the facts of the case and submit those agreed-upon facts to the judge for a legal decision, without a full trial. This process often aims to expedite the court's decision-making.
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how do you arrange a trial on stipulated facts
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To arrange a trial on stipulated facts in Texas:
- Both parties must agree on the facts and submit a written stipulation.
- Ensure the stipulation includes all facts both parties agree upon.
- Submit the stipulation to the court.
- The judge will review and make a legal ruling based on the agreed facts.
Would you like more details on the steps for submitting a written stipulation?
how do you agree on the facts with the DA and pre se
Agreeing on the facts with the DA and proceeding pro se involves the following steps:
- Communication: Initiate discussions with the DA to outline the facts you both agree upon.
- Draft Stipulation: Create a written stipulation of agreed facts.
- Review: Ensure all agreed facts are accurately documented.
- Submit: Submit the stipulation to the court.
Would you need specific guidance on drafting the stipulation?