BUSCA E APREENSÃO em Processo Penal | PROVAS EM PROCESSO PENAL | Aula 12
Introduction to Search and Seizure
Overview of Search and Seizure
- Ana introduces the topic of search and seizure, emphasizing its importance in criminal investigations. She encourages viewers to subscribe, like, and share the content for continued support.
Definitions
- The search is conducted to find evidence that can clarify a crime. It can be personal or domiciliary (home-based).
- Seizure refers to taking possession of items that may assist in clarifying facts related to a crime.
Types of Searches
Personal Searches
- A personal search occurs when there is reasonable suspicion that an individual is concealing illegal items such as weapons or stolen goods.
- Personal searches require judicial or police authorization; they are not conducted arbitrarily.
Domiciliary Searches
- Domiciliary searches must have judicial authorization based on solid reasons; unauthorized searches are considered illicit under criminal procedure codes.
Objectives of Search and Seizure
Goals of Conducting Searches
- The primary objectives include:
- Arresting criminals.
- Seizing illegally obtained items or instruments used in crimes.
- Discovering evidence necessary for prosecution or defense.
Legal Considerations
Conditions for Domiciliary Searches
- Domiciliary searches should occur during daylight unless consent is given for nighttime searches or if there’s a flagrant offense.
Authority During Searches
- Both types of searches are initiated by competent authorities either on their own initiative or upon request from interested parties.
Execution of Search Warrants
Requirements for Warrants
- A warrant must specify the location and name the resident involved. For personal searches, it should identify the individual being searched along with the reason for the search.
Exceptions to Warrant Requirement
- No warrant is needed if:
- The authority is present at the time of search.