Gun Owners of America@GunOwners
Today, the Supreme Court will hear oral arguments in the lawsuit Case v. Montana to decide whether police may barge into gun owners' homes and shoot them without a warrant during a "welfare check."
Here is gun owner William Trevor Case's story⤵️
On September 27, 2021, police in Anaconda, Montana received a call from the former girlfriend of Petitioner William Case, identified as J.H. The caller stated that Case, a man with a history of mental illness, had made threats by telephone to commit suicide, and stated that if she called the police, he would harm the police.
Four officers who were familiar with his mental health history were dispatched to Case’s residence. The officers were aware that Case had attempted “suicide by cop” in interactions with police in the past. They assessed that he would not injure himself unless officers forced their way into his home, but he might shoot at police if they did. The officers discussed their options for about 40 minutes after arriving and considered calling Case’s father and former wife to try to gain permission for entry, but in the end decided not to do so.
After 40 minutes, and for no apparent reason, the officers changed their minds and forced their way into his home. During a search, Case, who was hiding in a closet, pulled back a closet curtain, and police saw Case’s face and a “black object.” One officer shot Case in the arm and abdomen, and another retrieved a handgun from a laundry basket near Case. The prosecutor charged Case with assault on a police officer. The trial court denied Case’s motion to suppress evidence obtained from the entry, and Case was ultimately convicted.
The Montana Supreme Court narrowly upheld Case’s conviction in a 4-3 decision. The Montana court held that the “community caretaker” exception to the warrant requirement would apply when an officer’s warrantless entry is totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute. The court further ruled that searches are reasonable without probable cause where there are objective, specific and articulable facts from which an experienced officer would suspect that a citizen is in need of help or is in peril.
Justice McKinnon dissented, believing that probable cause was required whether or not the forced entry related to a criminal matter. For a warrantless search to be reasonable, probable cause must remain a necessary component in the analysis.
Justice McKinnon concluded: "The Court incorrectly extends the community caretaker doctrine, which derives from law enforcement’s interactions with pedestrians and vehicles, to the warrantless entry of a home. The community caretaker doctrine is not a standalone exception to the warrant requirement and does not permit warrantless entries into personal residences."