Decatur lawyer Barry Wise points out that because Section 38.23 of the Texas Code of Criminal Procedure provides additional prophylactic protections to accused citizens the Virginia v. Moore decision doesn’t have any real impact in Texas. Mark Bennett wonders why then did the Texas Attorney General even bother to weigh in on the amicus brief.
Good question.
Here’s a portion from the intro:
If the States choose to do so, the Constitution permits them to provide their citizens with protections above and beyond those embodied in the Fourth Amendment.
Concurrent with the ability to create new protections, the States are also permitted to craft the remedies for violations of these state protections.
Maybe Greg Abbott was the expert they needed for that portion of the brief.