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Texas Constitution:Article I, Section 9 (view source)
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The text of this section generally tracks the Fourth Amendment to the federal constitution, which reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no | The text of this section generally tracks the Fourth Amendment to the federal constitution, which reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." | ||
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* ''Holder v. State'', 639 S.W.3d 704, [https://scholar.google.com/scholar_case?case=15255797344651249816#p707 707] (Tex.Crim.App. 2022) ("Indeed, this Court has previously observed that it was a reaction to this Court's opinion in ''Welchek v. State'', 93 Tex.Crim. 271, 247 S.W. 524 (1922)—which first held that there is no such remedy under our state constitution—that provoked the Legislature to enact what is now Article 38.23. ''See'' ''Miles v. State'', 241 S.W.3d 28, 33-34 (Tex.Crim.App. 2007). ''Exclusion'' of evidence obtained only in violation of Article I, Section 9, is exclusively a function of statute: Article 38.23 of our Code of Criminal Procedure.") | |||
* ''Hulit v. State'', 982 S.W.2d 431, [https://scholar.google.com/scholar_case?case=2675282260661427505#p436 436] (Tex.Crim.App. 1998) ("It is our holding that Article I, Section 9 of the Texas Constitution contains no requirement that a seizure or search be authorized by a warrant, and that a seizure or search that is otherwise reasonable will not be found to be in violation of that section because it was not authorized by a warrant. . . . We understand that our holding means that Section 9 of our Bill of Rights does not offer greater protection to the individual than the Fourth Amendment to the United States Constitution, and it may offer less protection.") | * ''Hulit v. State'', 982 S.W.2d 431, [https://scholar.google.com/scholar_case?case=2675282260661427505#p436 436] (Tex.Crim.App. 1998) ("It is our holding that Article I, Section 9 of the Texas Constitution contains no requirement that a seizure or search be authorized by a warrant, and that a seizure or search that is otherwise reasonable will not be found to be in violation of that section because it was not authorized by a warrant. . . . We understand that our holding means that Section 9 of our Bill of Rights does not offer greater protection to the individual than the Fourth Amendment to the United States Constitution, and it may offer less protection.") | ||
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|seo_title=Article I, Section 9 of the Texas Constitution ("Searches and Seizures") | |seo_title=Article I, Section 9 of the Texas Constitution ("Searches and Seizures") | ||
|seo_keywords= | |seo_keywords=Article 1 Section 9, unreasonable search, probable cause | ||
|seo_description=The people shall be secure in their persons | |seo_description=The people shall be secure in their persons and possessions, from all unreasonable seizures or searches. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||