Court of Criminal Appeals of Texas
State of Texas, Appellant v. Jay Johnson, Appellee
November 20, 19961996 Tex. Crim. App. LEXIS 233
Summary
The Court affirmed the Court of Appeals, holding that Texas Code of Criminal Procedure art. 38.23(a) applies to private individuals regardless of agency, requiring suppression of evidence obtained by the decedent's sons and of fruit derived therefrom; the good‑faith exception was not addressed. The dissent argued the phrase "other person" should be limited to private actors acting with state involvement and that the statute should incorporate federal exclusionary rule jurisprudence.