The State of Texas, Appellant v. Haydee Mayorga, Appellee

Summary

The Court of Criminal Appeals held that evidence of resisting arrest obtained after an illegal arrest is not subject to exclusion under Tex.Code Crim.ProcAnn. art. 38.23, because the resistance does not exist prior to the arrest. Accordingly, the trial court's suppression order was erroneous and the case was remanded for further consideration in light of Barnett, Ford, and Arizona v. Evans.