Police officers want to enter a private home without the resident's consent at 2 a.m., without any ongoing crime or disaster. They hold a signed court warrant. May they enter under Article 5, XI?
Answer and explanation
Correct answer: C. No: at night only flagrante delito, disaster or rescue justify entry
- Step 1: Article 5, XI, makes the home inviolable and lists the exceptions: consent, flagrante delito, disaster or rescue, and a court order only during the day. Step 2. At 2 a.m. none of the night-time exceptions applies, so the warrant cannot be used. Answer: No: at night only flagrante delito, disaster or rescue justify entry. Why not the others: a warrant is limited to daytime, a police chief cannot replace a judge, and the Prosecutor's approval is not the constitutional rule.
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