On Point blog, page 1 of 1

SCOTUS to determine whether police need probable cause that an emergency is occurring to invoke emergency aid doctrine and enter a home without a warrant

William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25

SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case:

Question presented:

Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.

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COA holds that 911 call created “emergency” justifying warrantless entry into home

State v. Ryan D. Wilkie, 2022AP730-CR, 3/11/25, District III (1-judge decision, ineligible for publication); case activity

COA rejects Wilkie’s interesting constitutional arguments regarding the authority of law enforcement to enter his home without a warrant and affirms his conviction for obstructing an officer.

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“Knock-and-talk” investigative technique and emergency aid exception save warrantless home entry

State v. Roger James Gollon, 2023AP86-CR, District 4, 7/27/23 (one-judge decision; ineligible for publication); case activity (including briefs)

Gollon moved to suppress evidence police obtained after they entered his home without a warrant. The trouble, the court of appeals holds, with Gollon’s claim is that police utlized an accepted “knock-and-talk” investigating technique to gain entry to the curtilage of Gollon’s home and that “all remaining challenged conduct” was excused by the “emergency aid” exception to the Fourth Amendment.

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