Case v. Montana Brief: Limit Loopholes to the Fourth Amendment

Christine Marsden

The Founders envisioned the Fourth Amendment’s warrant requirement as a strong wall safeguarding citizens’ lives and property. Over time, its protections have been systematically eroded. One particularly gaping hole is the emergency aid exception, which allows officers to enter a home without a warrant if they believe an emergency inside requires their immediate assistance. 

In 2021, Montana police cited this exception to enter the home of Petitioner William Trevor Case. Police claimed that the emergency at issue was due to Case’s ex-girlfriend reporting that he had threatened to commit suicide. Des