What action may result in a violation of the "Exclusionary Rule"?

Study for the Texas Code of Criminal Procedure Test. Access flashcards and multiple-choice questions with hints and explanations. Prepare effectively for your exam!

The Exclusionary Rule is a legal principle in the United States that prohibits the use of evidence obtained in violation of a person's constitutional rights, particularly the Fourth Amendment, which protects against unreasonable searches and seizures. When law enforcement officers obtain evidence without a warrant, or without an applicable exception to the warrant requirement, this can typically result in a violation of the Exclusionary Rule.

Obtaining evidence without a warrant means that the police did not have judicial approval or probable cause to conduct a search or seizure, which is often necessary for the evidence to be admissible in court. Therefore, any evidence collected through such actions can be deemed inadmissible, and the case may not proceed as the prosecution cannot legitimately use that evidence against the defendant.

The other options listed do not directly involve the collection of evidence in a manner that violates the constitutional protections provided under the Fourth Amendment, and therefore do not trigger the exclusionary consequences that result from unlawful evidence gathering. Obstruction of justice pertains to interference with legal processes, failure to appear in court relates to a defendant's obligations during ongoing legal proceedings, and witness tampering involves illegal attempts to influence or intimidate witnesses. None of these actions directly result in the exclusion of evidence due to violations of search and seizure laws.

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