Today, Michigan Attorney General Dana Nessel led a coalition of 35 attorneys general and chief state attorneys in filing an amicus brief





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*FOR IMMEDIATE RELEASE:*
September 10, 2025




*Media Contact:*
Danny Wimmer <[email protected]>






Attorney General Nessel Leads Multistate Coalition Urging U.S. Supreme Court to Uphold Police Authority to Enter Homes During Emergencies

*LANSING* – Today, Michigan Attorney General Dana Nessel led a coalition of 35 attorneys general and chief state attorneys in filing an amicus brief in "Case v. Montana" (PDF) [ [link removed] ]. The coalition is urging the Supreme Court to affirm that police officers may enter a home without a warrant when they have an objectively reasonable belief that someone inside requires emergency aid, relying on a reasonable suspicion that someone is need of help. 

“Police officers often have to make split-second decisions when lives are at stake,” Nessel said. “Requiring a warrant before they can act in an emergency would delay lifesaving measures and put people in need at greater risk. The Constitution rightfully protects against unreasonable searches, but it also recognizes that emergencies demand flexibility. I urge the Supreme Court to uphold that balance and ensure law enforcement can protect our communities.”  

In September 2021, law enforcement responded to the home of William Trevor Case after his ex-girlfriend reported that he had threatened suicide, was acting erratically, and may have already fired a gun. When officers arrived at Case’s home, they observed empty beer cans through a window as well as an empty handgun holster. After about 40 minutes of trying to make contact with Case with no response, the police officers entered the residence. 

Upon entry, officers encountered Case, who appeared to reach for a weapon. One officer fired, striking him. A handgun was later recovered nearby. Case was charged and convicted of Assault on a Peace Officer. Case appealed his conviction to the Montana Supreme Court. The Court affirmed his conviction, ruling that the police officers properly made entry into Case’s home under the community caretaker doctrine, which allows warrantless entry where there are objective, verifiable facts that a citizen may be in danger. 

Case has now appealed to the U.S. Supreme Court, arguing that the Fourth Amendment requires police to have probable cause before entering a home under the emergency-aid exception.  

Attorney General Nessel and the bipartisan coalition argue in their brief that the emergency-aid exception only requires an objectively reasonable belief based on a reasonable suspicion that someone needs help, not probable cause, to justify warrantless entry. They further contend that the Warrant Clause of the Fourth Amendment does not apply to these situations because officers are not entering to collect evidence of a crime, but rather to protect life and safety. The coalition also emphasizes that states have an interest in ensuring that their law enforcement officers can respond decisively to potential emergencies.  

Joining Attorney General Nessel in filing this brief are the attorneys general and a chief state attorney of Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Maine, Mississippi, Missouri, Nevada, Nebraska, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and the District of Columbia. 

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