SCOTUS hears Fourth Amendment case

The US Supreme Court heard oral arguments on October 15, 2025 in a case that examines the standards police must meet before entering a home without a warrant, reported JURISTnews.

Case v. Montana arises from a 2021 incident where Montana police entered Trevor Case’s home during a welfare check, and shot him. Case survived and was charged with felony assault of a police officer. The ensuing lawsuit challenges the emergency aid exception to the Fourth Amendment. The Fourth Amendment protects against “unreasonable searches and seizures” and requires the government to obtain a warrant based on “probable cause” before entering a private residence. However, in the landmark 2006 case Brigham City v. Stuart, the Supreme Court established the “emergency aid exception,” holding that officers may enter a home without a warrant when they have “an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.”

In Wednesday’s oral arguments, petitioner’s counsel, Fred Rowley, argued that law enforcement must have  “probable cause” to believe someone is seriously injured or imminently threatened before entering a home. Montana Solicitor General Christian Corrigan defended an “objectively reasonable basis” standard, arguing it provides necessary flexibility for emergency responders.

The justices signaled disagreement with the Montana Supreme Court’s application of a “reasonable suspicion” standard, which is lower than either party advocated for in Wednesday’s oral arguments. Justice Sonia Sotomayor noted the state court characterized its test as “less intrusive than a Terry stop,” citing Montana’s precedent established in the 2002 case State v. Lovegren. The United States, appearing as amicus curiae in support of Montana, argued for a “sliding scale” approach, where requirements vary based on the severity of the danger.

Justice Samuel Alito questioned whether police could ever enter to prevent self-harm under the petitioner’s standard, noting facts of the case including a racked handgun, popping sound, and visible suicide note. Justice Jackson countered by highlighting the officers’ recorded statements that the petitioner “doesn’t have the guts” and likely sought “suicide by cop.”

This is the latest development in the evolving landscape surrounding standards for probable cause. The case could significantly impact how police respond to growing mental health crises nationwide.

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