Facts of the Case

Provided by Oyez

In September 2021, Trevor Case’s ex-girlfriend J.H. called police to report that Case had threatened suicide during their phone conversation. J.H. believed Case was intoxicated due to his erratic behavior, and she became alarmed when he mentioned getting “a note or something like that” before committing suicide. During the call, J.H. heard clicking sounds resembling a cocking pistol, prompting her to tell Case she would call police. Case responded by threatening to harm any officers who came to his home. The call ended when J.H. heard a “pop” that she believed was a gunshot, followed by dead air, though the line remained connected. Unable to get Case to respond, J.H. contacted police and drove to his residence.

Law enforcement officers arrived at Case’s home and attempted to make contact by knocking on doors and calling through an open window, but received no response. Through the windows, officers observed empty beer cans, an empty handgun holster, and a notepad they believed contained a suicide note. The officers knew of Case’s history of alcohol abuse, mental health issues, and previous suicide threats, including an incident where he brought a weapon to the school where he taught. After approximately forty minutes on scene, officers made the decision to enter the home without a warrant to conduct a welfare check. They entered with weapons drawn due to J.H.’s report of Case's threats against officers. While clearing the home, Sergeant Pasha encountered Case in an upstairs bedroom closet. When Case suddenly opened the closet curtain, Pasha observed what he believed was a dark object at Case’s waist and shot him in the abdomen. A handgun was subsequently found in a laundry hamper next to where Case fell.

Case was charged with Assault on a Peace Officer and filed pretrial motions to suppress evidence obtained from the warrantless entry. The district court denied the motion to suppress. Following a jury trial in December 2022, Case was convicted of the felony charge. Case appealed to the Montana Supreme Court, which affirmed.

Questions

  1. May law enforcement enter a home without a search warrant based on less than probable cause that an emergency is occurring?

Conclusions

  1. The Fourth Amendment permits police officers to enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or faces imminent serious injury—and this standard does not require “probable cause” as that term applies in criminal investigations. Justice Elena Kagan authored the unanimous opinion of the Court.

    The Fourth Amendment generally requires a warrant for home searches, but exceptions exist, including for emergency aid situations. The Court in Brigham City v. Stuart (2006) established that officers may make warrantless entries when they have “an objectively reasonable basis for believing” an occupant needs emergency assistance. The Montana Supreme Court erred by applying a “reasonable suspicion” standard borrowed from street-stop cases, which sets a lower bar than the Brigham City test. Meanwhile, Case argued the Court should interpret Brigham City as requiring “probable cause”—the standard typically used to assess whether police have sufficient grounds to believe criminal activity has occurred. The Court rejected this argument, explaining that probable cause is rooted in criminal investigations and has developed meaning through cases assessing the likelihood of finding criminal evidence. Transplanting that body of law to non-criminal emergency situations would be awkward and unnecessary. Instead, courts should evaluate emergency-aid entries on their own terms.

    Applying this standard, the officers here acted reasonably. They knew Case had a history of mental health struggles and prior suicidal behavior. His ex-girlfriend reported he threatened suicide, mentioned writing a note, and appeared to cock a gun before the phone went silent. At the scene, officers observed beer cans, an empty holster, and a notepad through the windows, and Case did not respond to their calls. These facts gave the officers an objectively reasonable basis to believe Case had shot himself or would do so without intervention. The Court therefore affirmed the Montana Supreme Court’s judgment and clarified the correct legal standard.

    Justice Sonia Sotomayor authored a concurring opinion emphasizing that in mental health crisis situations, officers must carefully assess whether entry will protect the occupant or instead escalate danger, given studies showing heightened risks of harm during police encounters with individuals experiencing mental health crises.

    Justice Neil Gorsuch authored a concurring opinion arguing that the emergency-aid exception aligns with longstanding common-law principles permitting entry onto another’s property to prevent serious physical harm.