ENADE Direito Practice Questions - ENADE Direito - Exame Nacional De Desempenho Dos Estudantes (Direito) Exam

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Police officers entered a private residence at 11:00 PM without a judicial search warrant, acting solely on an anonymous tip alleging narcotics trafficking inside the property. They seized two kilograms of cocaine and arrested the resident. According to Article 5, XI, of the Federal Constitution of 1988 and the binding jurisprudence of the STF (Tema 280 da Repercussão Geral), was the entry lawful?

No, because warrantless night entry into a home requires previous justified reasons (justa causa) supported by preliminary elements indicating a continuing flagrante delicto inside the dwelling. Yes, because the crime of drug trafficking is permanent in nature, which constitutionally justifies warrantless entry at any hour based on unverified anonymous reports. Yes, provided that the police officers formalize an administrative justification report within twenty-four hours after the completion of the home search. No, because under the Brazilian Constitution, entering a private home at nighttime is strictly prohibited under all circumstances, even in disasters or flagrante delicto.

Correct Answer:

No, because warrantless night entry into a home requires previous justified reasons (justa causa) supported by preliminary elements indicating a continuing flagrante delicto inside the dwelling.

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