Upcoming Case Preview | Case v. Montana | Warrantless Welfare Checks: When Can Cops Enter to your Castle Without Cause?
Podcast: SCOTUS Oral Arguments and OpinionsPublished On: Thu Oct 02 2025
Description: Case v. Montana | Case No. 24-624 | Oral Argument Date: 10/15/25 | Docket Link: HereQuestion Presented: Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.Other Referenced Episodes:August 5th Roundup: Presidential Power Crushes Agency Independence, Court Places Voting Rights Act in Crosshairs and Maryland v. Shatzer, a Case That Evolved Beyond Its Origins | HereOverviewThis episode examines Case v. Montana, a Fourth Amendment case that has drawn unprecedented attention with 35 states weighing in, challenging the established emergency-aid exception by asking the Supreme Court to require probable cause rather than the current "objectively reasonable belief" standard for warrantless home entries during emergencies. The case could fundamentally reshape how police respond to suicide calls, medical emergencies, and welfare checks nationwide.Episode RoadmapOpening: Unprecedented Stakes and AttentionOctober 15th, 2025 oral argument date35 states weighing in, with 34 opposing the petitioner's positionPotential nationwide impact on emergency response proceduresNovel aspect: Petitioner seeking to restrict, not expand, police authorityConstitutional Framework: The Fourth Amendment Text"The right of the people to be secure... against unreasonable searches and seizures"Two-clause structure: Reasonableness Clause vs. Warrant ClauseNo textual emergency-aid exception - entirely judge-made doctrineCourt's recent skepticism toward expansive judge-made constitutional doctrinesBackground: The Tragic Facts in Anaconda, MontanaSeptember 2021: William Trevor Case's suicide threat to ex-girlfriend J.H.Escalating call: drinking, gun cocking sounds, "pop" followed by dead airJ.H.'s 9-1-1 call reporting believed suicide attemptOfficers' prior knowledge of Case's history with suicide attempts and violenceThe Police Response and Corroborating Evidence18-minute preparation period with protective equipmentWindow observations: keys on table, empty beer cans, empty gun holster, apparent suicide noteEntry through unlocked door during protective sweepCase emerges from closet pointing handgun at Sergeant PashaOfficer shoots Case in abdomen; medical aid renderedProcedural History: The Court JourneyTrial court denies suppression motion, finds "exigent circumstance"Case convicted of assaulting peace officer, sentenced to 60 yearsMontana Supreme Court affirms 4-3 with vigorous dissentSupreme Court grants certiorari to resolve deep circuit splitThe Circuit Split Crisis"Reasonable Belief" Courts:First, Eighth, and Tenth Circuits plus Montana and three other statesStandard: "Objective, specific and articulable facts from which an experienced officer would suspect citizen needs help""Probable Cause" Courts:D.C., Second, and Eleventh Circuits plus Nebraska and ColoradoStandard: "Probable cause to believe person is seriously injured or threatened with such injury"Case's Three Main Arguments (Seeking Higher
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