Brief filed: 08/05/2025
Documents
William Trevor Case v. State of Montana
United States Supreme Court; Case No. 24-624
Argument(s)
The Fourth Amendment protects the home as “first among equals,” requiring a warrant supported by probable cause for entry, with limited exigent-circumstances exceptions. The Court has never upheld home entry on less than probable cause, even for emergency aid. Lowering the standard invites pretextual or post hoc justifications, increases risks of violent confrontations, and undermines privacy. Probable cause is a flexible, familiar standard that can be met in most genuine emergencies without delaying aid. Here, officers had information undermining the reported suicide attempt, making entry unjustified and dangerous.
Author(s)
Cecillia D. Wang, Yasmin Cader, and Brandon Buskey, American Civil Liberties Union Foundation, New York, NY; Alex Rate, American Civil Liberties Union Foundation of Montana, Missoula, MT; Daniel B. Levin (Counsel of Record), Colin A. Devine, and Qian Zhe (Danny) Zhang, Munger, Tolles & Olson LLP, Los Angeles, CA; Jeffrey L. Fisher, Co-Chair, Amicus Committee, National Association of Criminal Defense Lawyers, Washington, DC