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46 S.M.U. L. Rev. 1237 (1992-1993)
Criminal Procedure: Confession, Search and Seizure

handle is hein.journals/smulr46 and id is 1251 raw text is: CRIMINAL PROCEDURE: CONFESSION, SEARCH AND SEIZURE Gary A. Udashen * Robert Udashen** HIS Article reviews the major cases in the areas of confession, search, and seizure from the Texas Court of Criminal Appeals, Texas courts of appeals and the United States Court of Appeals for the Fifth Cir- cuit. The United States Supreme Court addressed no confession or search and seizure issues during its last term. I. TEXAS CASES A trend toward the use of independent state grounds as a basis for sup- pressing illegally obtained evidence, which began during the last survey pe- riod, has continued. Several cases discussed in this Article show the necessity of concentrating on Texas constitutional and statutory authority as a basis for challenging improper arrests and searches, regardless of contrary holdings from the United States Supreme Court. A. THE STATE EXCLUSIONARY RULE In Nix v. Williams' the United States Supreme Court held that unlawfully seized evidence is admissible in court if the evidence inevitably would have been discovered by lawful means.2 In other words, the evidence is admissi- ble if the prosecution can show that the outcome of the law enforcement investigation was not affected by the police illegality. The Supreme Court reasoned that in such a situation the deterrence rationale of the federal ex- clusionary rule has so little basis that the evidence should be received.3 In Garcia v. State4 the Texas Court of Criminal Appeals declined to carve out an inevitable discovery exception to the state statutory exclusionary rule.5 The court stated that because Texas law provides an independent ba- * B.A., The University of Texas, J.D., Southern Methodist University. Attorney at Law, Dallas, Texas. ** B.A., J.D., The University of Texas. Attorney at Law, Dallas, Texas. 1. 467 U.S. 431 (1984). 2. Id. at 448. 3. Id. at 447. 4. 829 S.W.2d 796 (Tex. Crim. App. 1992). 5. Id. at 798. The Texas Code of Criminal Procedure, article 38.23(a) provides in perti- nent part: 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 1237

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