Upcoming Case Preview | Case v. Montana | Warrantless Welfare Checks: When Can Cops Enter to your Castle Without Cause?

Case v. Montana | Case No. 24-624 | Oral Argument Date: 10/15/25 | Docket Link: Here

Question 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 | Here

Overview

This 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 Attention

• October 15th, 2025 oral argument date
• 35 states weighing in, with 34 opposing the petitioner's position
• Potential nationwide impact on emergency response procedures
• Novel aspect: Petitioner seeking to restrict, not expand, police authority

Constitutional 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 Clause
• No textual emergency-aid exception - entirely judge-made doctrine
• Court's recent skepticism toward expansive judge-made constitutional doctrines

Background: The Tragic Facts in Anaconda, Montana

• September 2021: William Trevor Case's suicide threat to ex-girlfriend J.H.
• Escalating call: drinking, gun cocking sounds, "pop" followed by dead air
• J.H.'s 9-1-1 call reporting believed suicide attempt
• Officers' prior knowledge of Case's history with suicide attempts and violence

The Police Response and Corroborating Evidence

• 18-minute preparation period with protective equipment
• Window observations: keys on table, empty beer cans, empty gun holster, apparent suicide note
• Entry through unlocked door during protective sweep
• Case emerges from closet pointing handgun at Sergeant Pasha
• Officer shoots Case in abdomen; medical aid rendered

Procedural History: The Court Journey

• Trial court denies suppression motion, finds "exigent circumstance"
• Case convicted of assaulting peace officer, sentenced to 60 years
• Montana Supreme Court affirms 4-3 with vigorous dissent
• Supreme Court grants certiorari to resolve deep circuit split

The Circuit Split Crisis

"Reasonable Belief" Courts:

• First, Eighth, and Tenth Circuits plus Montana and three other states
• Standard: "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 Colorado
• Standard: "Probable cause to believe person is seriously injured or threatened with such injury"

Case's Three Main Arguments (Seeking Higher