Article 128 Violation of Domicile Flashcards Preview

Criminal Law (Book 2-Title 2) > Article 128 Violation of Domicile > Flashcards

Flashcards in Article 128 Violation of Domicile Deck (5)
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1
Q

Acts Punished

A
1. By entering any dwelling 
against the will of the owner 
thereof;
2. By searching papers or other 
effects found therein without 
the previous consent of such 
owner;
3. By refusing to leave the 
premises, after having 
surreptitiously entered  the said 
dwelling and after having 
been required to leave the 
same.
2
Q

Common elements

A
1. That the offender is public 
officer or employee;
2. That he is not authorized by 
judicial order to enter the 
dwelling and/ or to make a 
search for papers and for 
other effects.
3
Q

Qualifying circumstances

A
  1. If committed at nighttime;
  2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is
    made by the offender.
4
Q

Exceptions to the warrant requirement

A
  1. Valid warrantless arrest
  2. Moving Vehicles
  3. Checkpoint
  4. Custom Law
  5. Consented Search
  6. Stop and Frisk
  7. Exigent circumstances
5
Q

Penalty

A

Prision correccional in its minimum period