US Supreme affirmed Standard for Emergency Aid Entry into a house
CASE v. MONTANA
CERTIORARI TO THE SUPREME COURT OF MONTANA
No. 24–624. Decided January 14, 2026
In Brigham City v. Stuart, 547 U. S. 398, 400, the Court held that the
Fourth Amendment allows police officers to enter a home without a
warrant if they have an “objectively reasonable basis for believing”
that someone inside needs emergency assistance. In this case, Mon-
tana police officers responded to the home of petitioner William Case
after his ex-girlfriend called 9–1–1 to report that he was threatening
suicide and may have shot himself. The officers knocked on the doors
and yelled into an open window, but got no response. They could see
an empty handgun holster and something that looked like a suicide
note inside, and they ultimately decided to enter the home to render
emergency aid. When one officer approached a bedroom closet in
which Case was hiding, Case threw open the closet curtain while hold-
ing an object that looked like a gun. Fearing that he was about to be
shot, the officer shot and injured Case. An ambulance was called to
take Case to the hospital, and officers found a handgun next to where
Case had stood.
Case was charged with assaulting a police officer. Case moved to
suppress all evidence obtained from the home entry, arguing that the
police violated the Fourth Amendment by entering without a warrant.
The trial court denied the motion, and a jury found Case guilty. A
divided Montana Supreme Court upheld the officers’ entry as lawful
under Montana’s caretaker doctrine, rejecting the contention that an
officer must have probable cause to believe that an occupant needs
emergency aid.
Held: Brigham City’s objective reasonableness standard for warrantless
home entries to render emergency aid applies without further gloss
and was satisfied in this case.
(Slip Opinion) OCTOBER TERM, 2025
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
1
SUPREME COURT OF THE UNITED STATES
Syllabus
CASE v. MONTANA
CERTIORARI TO THE SUPREME COURT OF MONTANA
No. 24–624. Argued October 15, 2025—Decided January 14, 2026
In Brigham City v. Stuart, 547 U. S. 398, 400, the Court held that the
Fourth Amendment allows police officers to enter a home without a
warrant if they have an “objectively reasonable basis for believing”
that someone inside needs emergency assistance. In this case, Mon-
tana police officers responded to the home of petitioner William Case
after his ex-girlfriend called 9–1–1 to report that he was threatening
suicide and may have shot himself. The officers knocked on the doors
and yelled into an open window, but got no response. They could see
an empty handgun holster and something that looked like a suicide
note inside, and they ultimately decided to enter the home to render
emergency aid. When one officer approached a bedroom closet in
which Case was hiding, Case threw open the closet curtain while hold-
ing an object that looked like a gun. Fearing that he was about to be
shot, the officer shot and injured Case. An ambulance was called to
take Case to the hospital, and officers found a handgun next to where
Case had stood.
Case was charged with assaulting a police officer. Case moved to
suppress all evidence obtained from the home entry, arguing that the
police violated the Fourth Amendment by entering without a warrant.
The trial court denied the motion, and a jury found Case guilty. A
divided Montana Supreme Court upheld the officers’ entry as lawful
under Montana’s caretaker doctrine, rejecting the contention that an
officer must have probable cause to believe that an occupant needs
emergency aid.
Held: Brigham City’s objective reasonableness standard for warrantless
home entries to render emergency aid applies without further gloss
and was satisfied in this case. Pp. 5–11.2 CASE v. MONTANA
Syllabus
(a) “[S]earches and seizures inside a home without a warrant are
presumptively unreasonable” under the Fourth Amendment. Brigham
City, 547 U. S., at 403. But the “warrant requirement is subject to
certain exceptions,” Lange v. California, 594 U. S. 295, 301, including
the need to render emergency assistance. The Court first approved a
warrantless home entry to render emergency assistance in Brigham
City, holding that officers may enter when they have “an objectively
reasonable basis for believing that an occupant is seriously injured or
imminently threatened with such injury.” 547 U. S., at 400.
The Montana Supreme Court’s opinion below strayed from that rule.
Most important, the emergency-aid test incorporated in Montana’s
caretaker doctrine evokes the Fourth Amendment standard of “reason-
able suspicion” that applies to relatively non-invasive street stops. But
Brigham City adopted a different standard for home entries.
Case now urges the Court to understand Brigham City as sounding
in probable cause, but the Court declines to put a new probable-cause
spin onto the emergency-aid standard. Probable cause is “peculiarly
related to criminal investigations,” Treasury Employees v. Von Raab,
489 U. S. 656, 667, and that body of law would fit awkwardly, if at all,
in the non-criminal, non-investigatory setting at issue here. Rather
than strain to relate probable-cause decisions to emergency-aid situa-
tions, Brigham City asked simply whether an officer had “an objec-
tively reasonable basis for believing” that entry was direly needed to
prevent or deal with serious harm. 547 U. S., at 400. Courts should
assess the reasonableness of an emergency-aid entry on its own terms,
rather than through the lens generally used to consider investigative
activity. Pp. 5–9.
(b) The officers here had an “objectively reasonable basis for believ-
ing” that their entry was needed to prevent Case from ending his life.
The information the officers obtained from Case’s ex-girlfriend, com-
bined with their observations at the scene, suggested that Case may
already have shot himself or would do so absent intervention. The of-
ficers’ decision to enter his home to prevent that result was reasonable.
Accordingly, the Court affirms the judgment (even though not all the
reasoning) of the Montana Supreme Court. Pp. 9–11.
417 Mont. 354, 553 P. 3d 985, affirmed.
KAGAN, J., delivered the opinion for a unanimous Court. SOTOMAYOR,
J., and GORSUCH, J., filed concurring opinions.Cite as: 607 U. S. ____ (2026)
1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
United States Reports. Readers are requested to notify the Reporter of
Decisions, Supreme Court of the United States, Washington, D. C. 20543,
pio@supremecourt.gov, of any typographical or other formal errors.
SUPREME COURT OF THE UNITED STATES
_________________
No. 24–624
_________________
WILLIAM TREVOR CASE, PETITIONER v. MONTANA
ON WRIT OF CERTIORARI TO THE SUPREME COURT
OF MONTANA
[January 14, 2026]
JUSTICE KAGAN delivered the opinion of the Court.
In Brigham City v. Stuart, 547 U. S. 398, 400 (2006), this
Court held that police officers may enter a home without a
warrant if they have an “objectively reasonable basis for be-
lieving” that someone inside needs emergency assistance.
The question presented is whether that standard means
that officers must have “probable cause” for the intrusion,
as they typically would when investigating a crime. We
hold it does not. The probable-cause requirement is rooted
in, and derives its meaning from, the criminal context, and
we decline to transplant it to this different one. Brigham
City’s reasonableness standard means just what it says,
with no further gloss. And here it was satisfied because the
police had “an objectively reasonable basis for believing”
that a homeowner intended to take his own life and, indeed,
may already have shot himself.
I
This case began with an alarming phone call—from peti-
tioner William Case to his ex-girlfriend J. H., both residents
of a small town in Montana. Case told J. H. on the call that
“he was going to kill himself.” App. 67 (testimony of J. H.).
Because Case sounded “erratic,” J. H. assumed he had been2 CASE v. MONTANA
Opinion of the Court
drinking. Ibid. She tried to talk Case out of committing
suicide, but “couldn’t reel him back”: With each passing mo-
ment, Case “became more methodical about what he was
going to do.” Id., at 68. Case said that he was “going to get
a note”—presumably meaning a suicide note, for J. H. or
others to find. Ibid. And then J. H. heard a “clicking”
sound, like the “cock[ing of] a gun.” Ibid. J. H. told Case
she was going to call the police, but that seemed only to an-
tagonize him: Case replied “he would shoot them all too.”
Id., at 69. Finally, J. H. heard “a pop” followed by “noth-
ing”—“just dead air.” Ibid. She “yelled [Case’s] name a few
times,” but got no response, leading her to think he had
“pulled the trigger.” Ibid. So she called 9–1–1 to report the
incident and drove as fast as she could to Case’s home.
Three police officers, dispatched to do “a welfare check on
a suicidal male,” met J. H. outside the house. Id., at 104
(testimony of officer). They decided the situation was “very
serious,” based both on what J. H. told them about the call
and on what they already knew about Case. Id., at 75, 157.
The officers were aware that Case had a history of alcohol
abuse and mental-health issues; that he had previously
threatened suicide at the school where he worked; and that
he had once seemed to attempt “suicide-by-cop,” by con-
fronting the police in a way that was likely to provoke a le-
thal response. So the three officers requested that the chief
of police come to the scene. While waiting for him, they cir-
cled the house looking for signs of injury or danger. They
knocked on the doors and yelled into an open window, but
got no response. Shining their flashlights inside, they could
make out empty beer cans, an empty handgun holster, and
a notepad with writing on it, which they took to be the sui-
cide note Case had mentioned to J. H. At that point, how-
ever, they saw no sign of Case.
Once the chief came, the officers conferred and decided to
enter the house “to render emergency aid.” Id., at 198. In
the best-case scenario, they hoped to “talk [Case] down” andCite as: 607 U. S. ____ (2026)
3
Opinion of the Court
prevent any injury. Id., at 174. But given J. H.’s account,
the officers considered as well another possibility—that
Case had already shot himself and might be “in there bleed-
ing.” Id., at 85. At the same time, they worried that if Case
remained unharmed, their entry could spark a confronta-
tion. See id., at 174, 192–193. So they equipped themselves
with long-barrel guns and a ballistic shield before going in.
The officers entered the house through the front door,
about 40 minutes after they first arrived. They announced
themselves loudly, and continued to call out as they walked
through the home. Case did not answer; he was hiding in
the closet of a bedroom upstairs. When one of the officers
entered that room, Case threw open the closet curtain and
appeared from behind it, holding “a black object” which
looked like a gun. Id., at 194. Fearing that he was about
to be shot, the officer fired his own rifle. The bullet hit Case
in the abdomen, and another officer rushed to administer
first aid. An ambulance was called to take Case to the near-
est hospital (where he recovered). Meanwhile, one of the
officers found a handgun in a laundry basket next to the
place where Case had stood.
The county attorney charged Case with assaulting a po-
lice officer. Case moved to suppress all evidence obtained
as a result of the home entry, arguing that the police had
violated the Fourth Amendment by coming into his house
without a warrant. The trial court denied the motion on the
ground that the police officers were responding legitimately
to an “emergency.” App. to Pet. for Cert. 42a. A Montana
jury then found Case guilty of the crime charged.
On appeal, a divided Montana Supreme Court upheld the
trial court’s ruling that the officers’ entry was lawful. The
majority analyzed the issue under its “community care-
taker doctrine.” 553 P. 3d 985, 990 (Mont. 2024). It noted
that a recent Fourth Amendment decision of this Court,
Caniglia v. Strom, 593 U. S. 194, 198 (2021), had rejected a
“community caretaking rule” allowing a warrantless home4 CASE v. MONTANA
Opinion of the Court
entry even absent a “need to render emergency assistance”
to an occupant. But the Montana court thought its commu-
nity-caretaker doctrine survived that holding because it de-
manded such an emergency. Under that doctrine, the court
explained, police could enter a home to do a “welfare check”
only when “objective, specific and articulable facts” would
lead an “experienced officer [to] suspect” that a person in-
side “is in need of help or is in peril.” 553 P. 3d, at 990, 991.
And the court found that facts meeting that description ex-
isted here because of the likelihood of suicide. See id., at
994. The court rejected Case’s alternative standard: that a
police officer must have “probable cause to believe” the oc-
cupant in need of emergency aid. Id., at 992. The “probable
cause” locution, the court suggested, applies only when the
police are “engaged in a criminal investigation.” Ibid. The
dissenting justices, by contrast, favored the proposed prob-
able-cause rule, which they concluded the officers here did
not satisfy. See id., at 996, 998 (opinion of McKinnon, J.).
In the dissent’s view, the court’s different approach resem-
bled the “mere reasonable suspicion” standard applicable to
comparatively non-invasive street stops. Id., at 999. That
standard, the dissent thought, was too easily met to support
a warrantless entry into a home. See id., at 996, 999.
We granted certiorari, 605 U. S. 968 (2025), because
courts have differed on whether police officers entering a
home to provide emergency aid need “probable cause” to be-
lieve that an occupant is in peril.* We conclude that stand-
ard, borrowed from the criminal context, is inapt. We in-
stead hold just what we have held before: that the officers
——————
*Compare, e.g., Estate of Chamberlain v. White Plains, 960 F. 3d 100,
105 (CA2 2020) (requiring probable cause); United States v. Cooks, 920
F. 3d 735, 742 (CA11 2019) (same); Corrigan v. District of Columbia, 841
F. 3d 1022, 1030 (CADC 2016) (same), with, e.g., Hill v. Walsh, 884 F. 3d
16, 23 (CA1 2018) (not requiring probable cause); United States v. Quar-
terman, 877 F. 3d 794, 800 (CA8 2017) (same); United States v. Gambino-
Zavala, 539 F. 3d 1221, 1225 (CA10 2008) (same).Cite as: 607 U. S. ____ (2026)
5
Opinion of the Court
may enter if, but only if, they have an “objectively reasona-
ble basis for believing” that an occupant faces serious dan-
ger. Brigham City, 547 U. S., at 400.
II
The Fourth Amendment provides that “[t]he right of the
people to be secure in their persons, houses, papers, and ef-
fects, against unreasonable searches and seizures, shall not
be violated.” At the “very core” of that guarantee, as this
Court has often stated, “stands the right of a man to retreat
into his own home and there be free from unreasonable gov-
ernmental intrusion.” Caniglia, 593 U. S., at 198 (quoting
Florida v. Jardines, 569 U. S. 1, 6 (2013)). When the intru-
sion is into that most private place, “reasonableness” usu-
ally means having a warrant. Brigham City, 547 U. S., at
403 (“It is a basic principle of Fourth Amendment law that
searches and seizures inside a home without a warrant are
presumptively unreasonable”). “But not always: The war-
rant requirement is subject to certain exceptions.” Lange v.
California, 594 U. S. 295, 301 (2021). And among those is
one pertinent here, involving the need to provide an occu-
pant with emergency aid.
This Court first approved a warrantless home entry to
render emergency assistance in Brigham City. There, po-
lice officers responding to a noise complaint observed
through a kitchen window a physical altercation between
an adolescent and several adults. As they watched, the
teenager punched one of the adults in the face, “sending
[him] to the sink spitting blood.” 547 U. S., at 406. The
officers immediately entered the home through a nearby
screen door and, announcing their presence, caused the
fight to cease. We unanimously approved the warrantless
entry as “reasonable under the circumstances.” Ibid. And
we explained what made it so: The officers had “an objec-
tively reasonable basis for believing that an occupant [was]6 CASE v. MONTANA
Opinion of the Court
seriously injured or imminently threatened with such in-
jury.” Id., at 400.
Three years later, in Michigan v. Fisher, we reiterated
what we had said in Brigham City about the “emergency
aid exception.” 558 U. S. 45, 47 (2009) (per curiam). The
police in Fisher, also responding to a neighbor’s report,
found a scene redolent of violence and danger. Three win-
dows were broken, with the glass strewn on the ground out-
side; blood was smeared on one of the doors, as well as on
the smashed-in hood of a pickup truck in the driveway; and,
visible through a window, a man inside the house was
“screaming and throwing things” at an unseen target. Id.,
at 48. We held that the officers’ entry in those circum-
stances was “reasonable under the Fourth Amendment,”
just as it had been in Brigham City. 558 U. S., at 48. Using
the same standard articulated there, we concluded that the
officers had “an objectively reasonable basis for believing”
that an occupant of the home needed immediate aid. Id., at
47 (quoting Brigham City, 547 U. S., at 406).
Finally, in Caniglia, we reaffirmed Brigham City even as
we rejected a broader “community caretaking” justification
for warrantless home entries. The police had gone to Ed-
ward Caniglia’s home after his wife reported that he was
suicidal. Caniglia spoke with the officers on his front porch
and agreed to go to a hospital for psychiatric testing. Then,
once he had left, the officers went inside and took away two
handguns he owned. The lower courts approved the entry
on the ground that the officers were performing “commu-
nity caretaking functions.” 593 U. S., at 196. But we de-
clined to recognize such an “open-ended license” for law en-
forcement officers to enter private homes. Id., at 199.
Citing Brigham City, we readily acknowledged that officers
may enter a home to “render emergency assistance to an
injured occupant or to protect an occupant from imminent
injury.” 593 U. S., at 198. But such emergency conditionsCite as: 607 U. S. ____ (2026)
7
Opinion of the Court
were indeed necessary and, given the facts, the officers had
never tried to defend their entry on that basis.
The Montana Supreme Court’s opinion strayed from the
Fourth Amendment rule that trio of decisions sets out. To
begin with, the court’s use of “community caretaker” doc-
trine was ill-advised, given that Caniglia contrasted “com-
munity caretaking” with “render[ing] emergency assis-
tance” and concluded that the former cannot alone justify a
warrantless home entry. Ibid. The Montana court, to be
sure, tried to reconcile its approach with Caniglia by depict-
ing its community-caretaker rule as allowing home entries
only in emergencies. See 553 P. 3d, at 991. But using ter-
minology that this Court has held misplaced in home-entry
cases could serve only to confuse the issue. And yet more
fundamental, the emergency-aid test incorporated in Mon-
tana’s caretaker doctrine is different from the one adopted
in Brigham City. As noted above, Montana’s test finds a
home entry “reasonable” when an officer has “specific and
articulable facts” from which to “suspect” that someone
needs help. 553 P. 3d, at 991; see supra, at 4. That test’s
language, as the dissenting justices noted, evokes the
Fourth Amendment standard applying to brief, investiga-
tive street stops: “reasonable suspicion” based on “specific
and articulable facts.” United States v. Sokolow, 490 U. S.
1, 7 (1989); Terry v. Ohio, 392 U. S. 1, 21 (1968); 553 P. 3d,
at 999 (McKinnon, J.). But Brigham City did not adopt
Terry’s reasonable-suspicion standard for home entries, as
both the State of Montana and the United States as amicus
curiae acknowledge. See Tr. of Oral Arg. 56, 68–69, 80. Ra-
ther, Brigham City formulated its own standard for dealing
with household emergencies—again, whether an officer has
“an objectively reasonable basis for believing” that an occu-
pant is seriously injured or imminently threatened with
such harm. 547 U. S., at 400.
Case, however, wants something more. He recognizes
that the Brigham City test applies here, and that it has had8 CASE v. MONTANA
Opinion of the Court
but one formulation: In describing and applying that stand-
ard, we have never used any different terms. See Brief for
Case 24. But still, Case urges us now to understand the
Brigham City test as “sound[ing] in probable cause.” Brief
for Case 15, 24. What the test really requires, Case con-
tends, is that police officers “have probable cause to believe
[an occupant is] seriously injured or imminently threatened
with such injury.” Id., at 2. Case reaches that conclusion
based mainly on the Fourth Amendment’s recognition of the
“sanctity of the home.” Id., at 29. Given that special status,
he argues, a home entry’s aid-giving, “noninvestigatory
purpose” should make no difference: The same probable-
cause principles used in deciding whether “criminal activity
[is] afoot” should apply as well in “assessing the risk and
gravity of an emergency.” Reply Brief 1–2, 8, 16.
We decline Case’s invitation to put a new probable-cause
spin onto Brigham City. “[T]he probable-cause standard,”
this Court has often stated, “is peculiarly related to crimi-
nal investigations.” Treasury Employees v. Von Raab, 489
U. S. 656, 667 (1989) (quoting Colorado v. Bertine, 479 U. S.
367, 371 (1987)). The standard’s history is “rooted” in the
“criminal investigatory context.” O’Connor v. Ortega, 480
U. S. 709, 723 (1987) (plurality opinion); see Henry v.
United States, 361 U. S. 98, 100–102 (1959). And the stand-
ard has acquired meaning over time by virtue of that con-
text, as judges have assessed, in case after case, the requi-
site likelihood of finding criminal contraband or evidence.
See, e.g., Illinois v. Gates, 462 U. S. 213, 238–239 (1983).
The resulting body of law would fit awkwardly, if at all, in
the non-criminal, non-investigatory setting at issue here.
So Brigham City adopted a different approach. Rather than
strain to relate probable-cause decisions to emergency-aid
situations, we asked simply whether an officer had “an ob-
jectively reasonable basis for believing” that his entry was
direly needed to prevent or deal with serious harm. 547
U. S., at 400. In adhering to that question, we respect asCite as: 607 U. S. ____ (2026)
9
Opinion of the Court
ever the “first among equals” status the Fourth Amend-
ment affords the home. Jardines, 569 U. S., at 6; see
Caniglia, 593 U. S., at 198–199. And in that vein, we note
that an emergency-aid entry provides no basis to search the
premises beyond what is reasonably needed to deal with the
emergency while maintaining the officers’ safety. But we
assess the reasonableness of that limited entry on its own
terms, rather than through the lens generally used to con-
sider investigative activity.
Doing so here yields a ready conclusion: The officers had,
as Brigham City requires, an “objectively reasonable basis
for believing” that their intervention was needed to prevent
serious harm. As earlier described, the officers knew first-
hand that Case suffered from mental-health and alcohol-
abuse problems, and that he had previously talked about
committing suicide. See supra, at 2. When they reached
Case’s house, they learned about J. H. and Case’s just-
concluded phone call—that Case, in an apparently inebri-
ated state, threatened to kill himself, spoke of preparing a
suicide note, and quite possibly cocked or even shot a gun
before the line went dead. The concerns that call raised
were heightened by what the officers could see through the
windows—empty beer cans, an empty holster, and a note-
pad—as well as by Case’s failure to respond to their urgent
knocking. If Case had already shot himself, he could have
been severely injured and in need of immediate medical
care. And if he had not, the risk of suicide remained acute,
given all the facts then known to the officers. It was thus
objectively reasonable for the police to believe that Case
needed emergency aid.
Case counters that only the police entry itself created a
“likely danger.” Brief for Case 45. His argument turns on
the prospect of suicide-by-cop. As noted earlier, Case had
once before acted in a way seemingly designed to provoke a
lethal police response, as the officers knew. See supra, at
2. And J. H. told the officers that Case had threatened to10 CASE v. MONTANA
Opinion of the Court
“shoot them all too” if they came to the scene. Ibid. So the
“main risk the officers objectively faced,” Case posits, was
that “their very entry would induce” a shoot-out, leading to
a “suicide-by-cop.” Brief for Case 18. And indeed, Case con-
tends, the officers knew that: Why else would they have
“waited roughly 40 minutes after their arrival” before en-
tering his home? Id., at 43. Case concludes that if the of-
ficers had only left well enough alone, nothing would have
happened.
But Case much oversimplifies a complex situation. The
objective reasonableness of an officer’s conduct under
Brigham City, as in other Fourth Amendment contexts, is
evaluated by looking at the “totality of the circumstances.”
E.g., Barnes v. Felix, 605 U. S. 73, 80 (2025); Ohio v. Robi-
nette, 519 U. S. 33, 39 (1996). One of those circumstances
was no doubt that Case could provoke a confrontation. As
noted earlier, that was partly why the officers called the po-
lice chief to the scene and why they carefully considered
protective measures—leading to some delay in their entry.
See supra, at 2. But there is no basis for thinking that the
officers would have gone into Case’s home just so he could
instigate a gunfight. The circumstances making their entry
reasonable, as just stated, were those suggesting that Case
may already have shot himself or would do so absent inter-
vention. The statements Case made to J. H. plus the visual
evidence corroborating them indicated that Case wanted to
end his life. The decision of the officers to enter his home
to prevent that result—even at some significant risk to
themselves—was (at the least) reasonable. The Fourth
Amendment did not require them, as Case now argues, to
leave him to his fate.
* * *
We repeat today what we have held before: An officer may
enter a home without a warrant if he has “an objectively
reasonable basis for believing that an occupant is seriouslyCite as: 607 U. S. ____ (2026)
11
Opinion of the Court
injured or imminently threatened with such injury.”
Brigham City, 547 U. S., at 400. The officers’ entry satisfied
that test. Accordingly, we affirm the judgment (even
though not all the reasoning) of the Montana Supreme
Court.
It is so ordered.Cite as: 607 U. S. ____ (2026)
1
SOTOMAYOR, J., concurring
SUPREME COURT OF THE UNITED STATES
_________________
No. 24–624
_________________
WILLIAM TREVOR CASE, PETITIONER v. MONTANA
ON WRIT OF CERTIORARI TO THE SUPREME COURT
OF MONTANA
[January 14, 2026]
JUSTICE SOTOMAYOR, concurring.
I join the Court’s opinion, which holds that police officers
may enter a home without a warrant if they have an “‘ob-
jectively reasonable basis for believing’” that an occupant is
seriously injured or imminently threatened with such
harm. Ante, at 5, 7, 10. Although the Montana Supreme
Court’s opinion appeared, erroneously, to apply a lower
standard akin to reasonable suspicion, I agree that the of-
ficers here had an “‘objectively reasonable basis for believ-
ing’” that Case needed emergency assistance because he
may have already shot himself or was imminently going to
do so. Ante, at 7–10.
I write separately to underscore the unique considera-
tions that law enforcement and courts should bear in mind
when assessing whether there is an “objectively reasonable
basis to believe” that a person experiencing a mental-health
crisis needs law enforcement to “render emergency assis-
tance.” Brigham City v. Stuart, 547 U. S. 398, 403 (2006).
As Brigham City explained, the “‘justification for what
would be otherwise’” an illegal warrantless entry of a home
in this context is “‘[t]he need to protect or preserve life or
avoid serious injury.’” Ibid. (quoting Mincey v. Arizona, 437
U. S. 385, 392 (1978)). The officers in Brigham City, for in-
stance, needed to enter the house to break up an ongoing
fight to protect a person whom they saw through a window
being struck in the face and to prevent further violence. 5472 CASE v. MONTANA
SOTOMAYOR, J., concurring
U. S., at 406. When an officer is called to respond to a per-
son at risk of suicide, however, entering the house may not
always be the objectively reasonable course of action to
“‘preserve life or avoid serious injury.’” Id., at 403 (quoting
Mincey, 437 U. S., at 392).
In these kinds of circumstances, the presence of law en-
forcement at times can escalate the situation rather that
ameliorate it, putting both the occupant and the officers in
danger. See, e.g., Chamberlain v. White Plains, 960 F. 3d
100, 101–104, 108 (CA2 2020) (officers repeatedly at-
tempted entry of the home of a person with a known “his-
tory of mental illness,” eventually shooting and killing the
occupant after he repeatedly said he was “‘okay’” and offic-
ers saw he did not need medical attention); Bailey v. Ken-
nedy, 349 F. 3d 731, 734–736, 744 (CA4 2003) (officers at-
tempted to enter house based on a neighbor’s report of
suicide, eventually kicking and striking occupant to arrest
him, despite occupant telling the officers that he was not
suicidal and that they should leave). The risk of escalation
is also heightened by the prevalence of firearms in nearly
half of American households.1 Police may employ more
forceful tactics when they know a firearm is in the house,
and an occupant who is experiencing an acute mental-
health crisis may react more unpredictably in response.
See, e.g., Corrigan v. District of Columbia, 841 F. 3d 1022,
1025–1028 (CADC 2016) (despite occupant voluntarily
meeting the police outside and disclaiming any intention to
harm himself, the officers triggered occupant’s post-
traumatic stress disorder after kicking his door and search-
ing his house, based on report that he was suicidal and
owned firearms); Frazier v. Miller, 404 Mont. 1, 484 P. 3d
912, 916 (2021) (occupant initially told police he was “‘fine’”
and to “go away” but drew pistol to his own head when the
——————
1 In 2025, 42% of Americans reported living in a gun-owning household.
Gallup, Guns, https://news.gallup.com/poll/1645/guns.aspx.Cite as: 607 U. S. ____ (2026)
3
SOTOMAYOR, J., concurring
officer continued to attempt entry, leading the officer to
draw his gun in response and eventually shoot the occu-
pant).
Studies show that individuals with serious mental-health
conditions are disproportionately likely to be injured and
seven times more likely to be killed during police interac-
tions compared to the general population.2 One report
showed that over a 2-year period, “calls for help resulted in
law enforcement officers shooting and killing the very peo-
ple they were called on to assist” in 178 cases.3 Another
study found that police shooting incidents involving behav-
ioral health concerns (suicidal behavior, substance use, or
serious mental illness) were 2.1 times more likely to result
in fatal injury than other police shooting incidents.4 Fur-
ther, individuals with a mental illness were “2.8 times more
likely” to “be killed in their own homes” compared to those
without a mental illness.5
Given these risks, in some circumstances it may be more
reasonable for officers to try different means of de-escala-
tion before entering the home of a person experiencing a
mental-health crisis. Officers could, for example, attempt
to speak with the occupant from a distance or over the
phone; contact family, friends, or neighbors to help inter-
vene; call in specialized police units, such as negotiators or
——————
2 See H. Jun, J. DeVylder, & L. Fedina, Police Violence Among Adults
Diagnosed With Mental Disorders, 45 Health & Soc. Work 81 (May
2020); A. Saleh, P. Applebaum, X. Liu, T. Stroup, & M. Wall, Deaths of
People with Mental Illness During Interactions With Law Enforcement,
58 Int’l J. L. & Psychiatry 110, 114 (May-June 2018) (Saleh).
3 J. Gerberg & A. Li, When a Call to the Police for Help Turns Deadly,
Washington Post, June 22, 2022, https://www.washingtonpost.com/
investigations/interactive/2022/police-shootings-mental-health-calls/.
4 J. Ward et al., National Burden of Injury and Deaths From Shootings
by Police in the United States, 2015–2020, 4 Am. J. Pub. Health 387,
391–392 (2024).
5 Saleh 114.4 CASE v. MONTANA
SOTOMAYOR, J., concurring
officers trained in crisis intervention;6 or otherwise work
with mental-health professionals to approach the occu-
pant.7 Officers called to respond to these kinds of situations
should carefully investigate and assess the nature of the po-
tential crisis and determine whether there is an objectively
reasonable basis to believe that the occupant needs emer-
gency aid inside before entering without a warrant. Once
the decision is made to enter, moreover, the “manner” of the
officers’ entry and their subsequent conduct inside must
also be “reasonable.” Brigham City, 547 U. S., at 406.
This case highlights the very complexities that will often
attend emergency-aid interventions involving reported
mental-health crises. Multiple facts suggested that Case
did not need emergency aid but was instead waiting inside
for the officers in order to provoke a confrontation that
would result in “suicide-by-cop.”
Case had told his girlfriend, J. H., on the phone that he
would “shoot them all” if she called the police to his house.
App. 69. Once J. H. arrived at the house, she told the offic-
ers that Case threatened to “shoot it out” with the police.
Id., at 70–74. The officers also knew that in a prior incident
in which police were called to respond to a suicide attempt
by Case, Case had confronted the police in a way that sug-
gested he was attempting suicide-by-cop. Then, while sur-
veying the house, the officers discussed how Case had
“‘tried suicide by cop before’ ” and that it was likely Case
——————
6 See id., at 114–115; Brief for American Psychiatric Association et al.
as Amici Curiae 18–25 (describing programs that involve sending teams
of specially trained police to respond to calls about mental-health crises).
7 Many jurisdictions around the country have introduced programs in
which police officers and mental-health professionals jointly respond to
calls about mental-health crises. See Policy Research, Inc. & National
League of Cities, A. Krider, R. Huerter, K. Gaherty, & A. Moore, Re-
sponding to Individuals in Behavioral Health Crisis Via Co-responder
Models (Jan. 2020), https://www.theiacp.org/sites/default/files/SJC
Responding%20to%20Individuals.pdf (describing “co-responder” pro-
grams).Cite as: 607 U. S. ____ (2026)
5
SOTOMAYOR, J., concurring
was “‘going to pull a gun on us’” once they “‘go in the
house.’” 417 Mont. 354, 373, 553 P. 3d 985, 998 (2024).
These facts, taken together, suggested that Case was nei-
ther already injured nor about to injure himself, but rather
that the primary danger he faced would arise only if the
officers entered his house. In other words, these facts
tended to undermine the officers’ basis to believe that he
needed emergency assistance inside.
The officers’ warrantless entry ultimately did not violate
the Fourth Amendment, however, because there were suf-
ficient facts on the other side of the ledger supporting an
objectively reasonable basis to believe that Case had shot
himself. Critically, Case had told J. H. he had a “loaded
gun” and J. H. heard a “clicking” sound like the “cock[ing]”
of “a gun,” a “pop,” and then “just dead air” despite J. H.
yelling Case’s name multiple times over the phone. App.
68–69; 417 Mont., at 357, 553 P. 3d, at 988. Case also told
J. H. that he was “going to get a note” and “kill himself.”
App. 67–68. When the officers arrived, they saw an empty
handgun holster and notepad with writing inside Case’s
house, and Case did not respond when they shouted his
name into an open window. Considered together, those
facts gave rise to an objectively reasonable basis for the of-
ficers to believe that Case was already injured and in need
of emergency medical assistance, and was not necessarily
waiting inside for the officers seeking to provoke an escala-
tion leading to suicide-by-cop. As a result, the officers did
not violate the Fourth Amendment when they entered
Case’s home.8
That conclusion, on the facts of this case, does not mean
it will always be objectively reasonable for officers respond-
ing to a mental-health crisis to make a warrantless entry.
——————
8 Case has not challenged the reasonableness of the officers’ manner of
entry or their conduct inside his house after entry. As a result, neither
the decision below nor this Court had occasion to consider the reasona-
bleness of that conduct.6 CASE v. MONTANA
SOTOMAYOR, J., concurring
A different mix of information might have led to the conclu-
sion that the officers’ entry itself would put the occupant
(and officers) at a greater risk of escalation and serious in-
jury. Because the “objectively reasonable basis” test, as re-
affirmed by the Court today, demands careful attention to
the case-specific risks that attend mental-health crises, and
requires officers to act reasonably in response, I join the
Court’s opinion in full.Cite as: 607 U. S. ____ (2026)
1
GORSUCH, J., concurring
SUPREME COURT OF THE UNITED STATES
_________________
No. 24–624
_________________
WILLIAM TREVOR CASE, PETITIONER v. MONTANA
ON WRIT OF CERTIORARI TO THE SUPREME COURT
OF MONTANA
[January 14, 2026]
JUSTICE GORSUCH, concurring.
Today’s case, like another before it, holds that police of-
ficers generally do not violate a person’s Fourth Amend-
ment rights when they enter his house without a warrant,
but with an “‘objectively reasonable basis’” for believing
someone inside is in physical danger and in need of imme-
diate aid. Ante, at 7 (quoting Brigham City v. Stuart, 547
U. S. 398, 400 (2006)). Importantly, the Court observes,
this exception to the warrant requirement permits entry
only to the extent reasonably necessary to address the ap-
parent emergency and does not authorize officers to search
a home more broadly. See ante, at 9. With all that, I agree.
But to me, a question lingers: Why? Does the Fourth
Amendment tolerate this limited emergency aid exception
to the warrant requirement just because five or more Jus-
tices of this Court happen to believe that such entries are
“reasonable”? Or is this exception more directly “tied to the
law”? Carpenter v. United States, 585 U. S. 296, 397 (2018)
(GORSUCH, J., dissenting). The answer, I believe, is the lat-
ter.
From before the founding through the present day, the
common law has generally permitted a private citizen to en-
ter another’s house and property in order to avert serious
physical harm. In those circumstances, and many others,
courts have historically held that property rights give way
to concern for human safety. See, e.g., 37 Hen. 6, pl. 26;2 CASE v. MONTANA
GORSUCH, J., concurring
Mouse’s Case, 12 Co. Rep. 63, 77 Eng. Rep. 1341 (K. B.
1608); Respublica v. Sparhawk, 1 Dall. 357, 363 (Pa. 1788);
Ploof v. Putnam, 81 Vt. 471, 474–475, 71 A. 188, 189 (1908).
Courts have long described property-law necessity defenses
like these as turning, too, on the adequacy of the defend-
ant’s judgment, not a post-hoc assessment of necessity in
fact. See, e.g., Mitchell v. Harmony, 13 How. 115, 134–135
(1852); Stone v. Mayor of City of New York, 25 Wend. 157,
176 (N. Y. 1840) (opinion of Verplanck, Sen.); Surocco v.
Geary, 3 Cal. 69, 72 (1853).*
The common-law emergency rule is now often summa-
rized this way: “One is privileged to enter or remain on land
in the possession of another if it is or reasonably appears to
be necessary to prevent serious harm to . . . the actor[,] . . .
the other[,] or a third person . . . unless the actor knows or
has reason to know that the one for whose benefit he enters
is unwilling that he shall take such action.” Restatement
(Second) of Torts §197(1) (1963–1964). But, of course, this
privilege comes with its logical limitations. So, for example,
a private citizen who enters a home to render emergency
aid lacks license to do so in a manner “which a reasonable
man would not regard as necessary to” address the appar-
ent emergency. Id., §214, and Comment a; see also id., §197,
Comment a; Des Moines v. Webster, 861 N. W. 2d 878, 883–
885 (Iowa App. 2014); State v. Lukus, 149 Mont. 45, 50–51,
423 P. 2d 49, 52–53 (1967).
——————
*Contrary to Mr. Case’s argument, King v. Coate, Lofft. 73, 98 Eng.
Rep. 539 (K. B. 1772), does not establish that the common law demanded
an exacting showing of actual necessity to defeat a claim for trespass.
True, Lord Mansfield explained that any necessity defense in that case
would need to “stand the strictest test,” with the “necessity manifestly
proved.” Id., at 75, 98 Eng. Rep., at 540. But Coate involved an effort to
involuntarily “confin[e] a person in a madhouse” for two months, not a
claim over a home entry. Id., at 74, 98 Eng. Rep., at 539. And it is hardly
surprising that the common law would demand a good deal more to jus-
tify a serious deprivation of liberty than to excuse an invasion of property
rights aimed at protecting human safety.Cite as: 607 U. S. ____ (2026)
3
GORSUCH, J., concurring
Today’s decision echoes both the common-law emergency
aid rule and its limitations. It does so, to be sure, in the con-
text of a law enforcement officer, not a private citizen, who
sought to enter another’s home. But on this point as well the
common law has spoken, long providing that officers gener-
ally enjoy the same legal privileges as private citizens. See,
e.g., Entick v. Carrington, 19 How. St. Tr. 1029, 1066 (C. P.
1765); 1 J. Chitty, Criminal Law 36 (1819); 2 M. Hale, His-
toria Placitorum Coronae 91 (1736). And, reflecting the
common law here again, this Court has held that the Fourth
Amendment usually permits officers lacking a valid war-
rant to “take actions that any private citizen might do with-
out fear of liability.” Caniglia v. Strom, 593 U. S. 194, 198
(2021) (internal quotation marks omitted). But they nor-
mally may do “no more” than that. Kentucky v. King, 563
U. S. 452, 469 (2011); see also Entick, 19 How. St. Tr., at
1066.
It should come as no surprise that our decision today
might accord with the accumulated learning of the common
law—just as it should come as no surprise that our applica-
tion of the Fourth Amendment ought to be informed by the
common law’s lessons rather than mere intuition. For a pe-
riod, to be sure, the miasma created by this Court’s Katz era
led some to think the scope of the rights guaranteed by the
Fourth Amendment depend on nothing more than current
judicial instincts about “reasonable expectations of pri-
vacy.” See Carpenter, 585 U. S., at 394–395, 405–406
(GORSUCH, J., dissenting). But that confusion cannot last
forever, for no one should think the rights of Americans
hang on so thin a thread. Instead, and as Justice Story rec-
ognized, the Fourth Amendment is made of sturdier stuff,
representing “the affirmance of a great constitutional doc-
trine of the common law.” 3 Commentaries on the Consti-
tution of the United States 748 (1833).
