TX10: Texas’s art. 38.28 exclusionary rule instruction doesn’t apply to def’s own conduct

The ability to get an art. 38.23 exclusionary rule instruction for the jury depends on someone else’s wrongdoing, and not on the defendant’s own. It doesn’t apply to resisting arrest. Aguirre v. State, 2020 Tex. App. LEXIS 8524 (Tex. App. – Waco Oct. 28, 2020).*

The officer had justification for stopping defendant for speeding by pacing defendant’s vehicle. Jamsa v. State, 2020 Md. App. LEXIS 1044 (Oct. 28, 2020).*

There was probable cause for the warrant. Jaudon v. Sasser, 2020 U.S. App. LEXIS 33942 (11th Cir. Oct. 28, 2020).*