Police entered William Trevor Case’s home without a warrant for a welfare check on September 21, 2021, according to court documents. His ex-girlfriend had called law enforcement, saying he threatened suicide with a firearm.
Officers continuously knocked on Case’s door and waited for a response for 40 minutes. After police entered, Case appeared from behind a closet holding a gun, and an officer shot him in the abdomen.
Case was charged with assaulting a peace officer. But he argues officers conducted an unconstitutional search of his home and that evidence collected can’t be used against him.
A district court and the Montana Supreme Court disagreed, and upheld his conviction. They held that police may enter a home without prior authorization in emergency circumstances.
Case appealed, and the U.S. Supreme Court agreed to take the case last spring. Justices will consider whether probable cause is necessary for warrantless searches, even in emergencies.
In an initial brief defending the state, Montana Attorney General Austin Knudsen argues law enforcement was correct to enter the home. He says they later had probable cause for a criminal investigation because Case had a weapon.
Case’s attorney has previously pointed to testimony that police weren’t sure he was holding a gun until they watched body-camera footage later.
Oral arguments are scheduled for October 15.
