Even when a defendant does not object to the admission of evidence seized in a search, he is still entitled to a jury instruction under CCP art. 38.23(a). A defendant's failure to object to the admission of evidence does not waive his right to a CCP art. 38.23 jury instruction. The defendant may receive an instruction if the evidence raises a factual issue that is material to the lawfulness of obtaining the evidence. Holmes v. State, PD-1050-07 [1].