Warrant and its specificity
Generic warrants for 'the whole street' or 'all residents' are void. The address, the target and the object must be identified.
Emergency criminal defense · home
Search and seizure at home: what the police may do and how residents should act
The home is inviolable, except in flagrante or under a court order. Knowing what the warrant authorizes and recording what happened are the two things that protect residents most.
Straight answer: when may the police enter a home
During the day, with a judicial warrant stating the address, the reason and the object of the search (articles 240 to 248 of the CPP). Without a warrant, only in flagrante delicto, disaster or to render aid, and case law requires the police to show a well-founded reason existing before entry, not justified only by what was found afterwards. The resident's consent must be free, proven and preferably recorded.
This page is for residents, relatives and persons whose home was searched, whose phones were seized or who fear an operation. Emergency in-person assistance in the city of São Paulo (East, North and South zones), Guarulhos and the metropolitan area; other cases are handled throughout the State of São Paulo, Brazil, with remote meetings when appropriate.
Points that determine the validity of a home search
Warrantless entry
A claim of flagrante requires a prior, demonstrable well-founded reason. An anonymous tip alone is not enough, according to the higher courts.
Hours
The search must begin during the day. Night searches without express judicial authorization are questionable.
Phones and computers
Seizing the device does not authorize access to its contents without a specific court order. Messages read on the spot without authorization may be declared unlawful.
Consent
Authorization given under intimidation or without explanation is not valid. The defense checks how consent was obtained and whether it was documented.
Seizure record
Everything leaving the home must be listed in a record with description and witnesses. Discrepancies between the record and what was taken are raised later.
What to do in the following hours
Record everything
Names, vehicles, times, what was said and what was taken. Footage from neighbors' or the building's cameras must be requested before it is overwritten.
Do not alter the scene
Do not clean, discard objects or wipe devices left behind. That can be read as destruction of evidence.
Silence about the facts
Comments to neighbors, relatives or on social media become evidence. Speak about the case only with the defense.
How the defense acts after the search
1. Reconstruction of the search
Statements of those present, the warrant, the seizure record and footage are gathered to reconstruct what happened.
2. Challenge
Defects in the search and in derived evidence are raised with the judge, with a request for return of assets unrelated to the warrant.
3. Defense in the proceeding
Following the inquiry, preparing for interviews and defending in any prosecution.
Evidence obtained in an unlawful search taints what derives from it. That is why the details of entry, hours and consent matter as much as what was found.
Frequently asked questions about home searches
Can the police enter if I am not at home?
With a warrant, yes, in the presence of witnesses and preferably of a resident or neighbor. Without a warrant, only in the constitutional situations of flagrante or aid.
Am I required to unlock my phone?
No. No one is required to provide a password or biometrics. Access to the contents depends on a court order and a forensic examination.
They took items not listed in the warrant. What now?
The defense requests their return and challenges the validity of the seizure. Items unrelated to the fact under investigation must be returned.
Official references and related pages
Rules applicable to home searches in Brazil. Actual validity depends on the warrant, the time and the manner of entry.
Was your home searched or were devices seized?
Report what happened through the secure channel, with the time and what was taken. The screening identifies defects in the search and the immediate steps.