Brazilian courts overturn drug trafficking convictions over illegal home searches

The Criminal Chamber of the Goiás Court of Justice (TJGO) ruled that a prior, warrant‑less home entry violated the constitutional guarantee of domicile inviolability. Because the initial search was illegal, the seized mobile phone and all data derived from it were deemed tainted under the “fruit of the poisonous tree” doctrine, forcing the court to absolve a couple previously charged with drug trafficking and association.

Separately, the 5th Panel of Brazil's Superior Court of Justice (STJ) held that a domiciliary search based solely on statements from co‑defendants, without a judicial warrant or verified homeowner consent, is unlawful. Applying the same doctrine, the court invalidated the evidence obtained from the residence and acquitted a man previously convicted of drug trafficking. Both rulings emphasize the need for proper legal justification before entering a home and set precedent that evidence derived from illegal searches cannot be used in criminal prosecutions.