State v. Mayorga

OPINION

MORRIS, Justice.

The State of Texas appeals the trial court’s order sustaining Haydee Mayorga’s motion to suppress evidence. The issue we must decide is whether evidence of a person resisting an unlawful arrest should be suppressed under either the federal or state exclusionary rule. Concluding under the facts of this case it should not, we will reverse the trial court’s order.

Resisting arrest is against the law in Texas, even though the arrest might be illegal. 1 The State charged appellee with resisting arrest. Claiming the arrest she allegedly resisted was unsupported by probable…