Armed Attorneys Richard Hayes and Leslie Cross discuss a unanimous U.S. Supreme Court decision clarifying — and narrowing — Fourth Amendment protections inside the home.
In Case v. Montana, the Court addressed whether police must have probable cause, or merely an objectively reasonable belief, to enter a home without a warrant under the emergency-aid exception.
After a 911 call reporting a possible suicide threat, officers entered a home without a warrant to render aid. A shooting followed, and the defendant moved to suppress all evidence from the entry.
The Supreme Court affirmed, relying on Brigham City v. Stuart, and clarified that emergency-aid entry:• Is not probable cause• Is not reasonable suspicion• Is a standalone Fourth Amendment standard
Unlike Brigham City, which involved violence in plain view, this case applies the emergency-aid doctrine to mental-health-based threats without direct visual confirmation.
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The post 9-0: SCOTUS Says Goodbye to the Fourth Amendment appeared first on Walker & Taylor Law.
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