State v. Mayorga

In State v. Mayorga, 901 S.W.2d 943 (Tex.Crim.App. 1995), officers attempted to arrest Mayorga on outstanding warrants, and she resisted. It was later determined that there were no outstanding arrest warrants and the original charges were dropped. Mayorga was, however, charged with resisting arrest. She filed a motion to suppress, claiming that since the arrest was illegal, her statements and the officers' testimony should be suppressed as fruits of that illegality. She relied on Article 38.23. The Court held that "obtained in violation of the law" contemplates that a crime has been committed, that evidence of the crime exists, and that officers violate the law in attempting to obtain evidence of the previously violated law. Mayorga, 901 S.W.2d at 945-946. In order for Article 38.23 to apply, "the officers must act illegally in obtaining existing evidence of an offense." Id. at 946.