ENAM Practice Questions - ENAM - Exame Nacional Da Magistratura Exam

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Police officers, without a judicial search warrant, forced entry into a private residence at 11:30 PM based solely on the fact that an individual standing outside on the sidewalk fled into the house upon noticing the patrol car. Inside, officers discovered 30 grams of cocaine. Under Article 5, XI, of the Federal Constitution and STF binding precedent (Tema 280 da Repercussão Geral, RE 603.616), the search and the obtained evidence are:

Valid, because drug trafficking is a permanent crime (crime permanente), which creates an automatic and absolute exception to home inviolability at any hour. Illicit, because warrantless entry into a domicile requires prior, justifiable, and verifiable grounded reasons (fundadas razões) based on concrete preliminary elements, which cannot be established post factum by the mere finding of illicit drugs. Valid, provided the police officers formalize an internal incident report (auto de apreensão) within 24 hours of the raid. Illicit solely because warrantless entries into a residence can never be executed during nighttime hours, even in cases of flagrante delicto.

Correct Answer:

Illicit, because warrantless entry into a domicile requires prior, justifiable, and verifiable grounded reasons (fundadas razões) based on concrete preliminary elements, which cannot be established post factum by the mere finding of illicit drugs.

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