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Dear Friend,
For centuries, the home has been considered the most protected space under the Constitution.

The Fourth Amendment was meant to ensure that government officials could not force their way inside your home without a warrant and probable cause.

That protection just took another hit.

In a troubling ruling in Case v. Montana, the U.S. Supreme Court has decided that police do not need probable cause to enter a home without a warrant ([link removed]) if they have an “objectively reasonable basis” for believing someone inside might need emergency assistance.

In other words, the Court has lowered the constitutional threshold for entering the most private space Americans possess.

At first glance, this might sound reasonable. After all, officers are sometimes called to respond to real emergencies.

But as The Rutherford Institute warned the Court, such a broad “emergency aid” exception can easily become a pretext for government intrusion ([link removed]) and can be used by others in making false reports or swatting calls to manipulate government agents into invading a home.
MAKE THE GOVERNMENT PLAY BY THE RULES OF THE CONSTITUTION: SUPPORT THE FIGHT FOR FREEDOM ([link removed])

We’ve seen it before.

There was a time in America when a person’s home was a sanctuary, protected by the Fourth Amendment from unlawful searches and seizures.

That promise is fading.

What the Founders rebelled against—armed government agents invading homes without cause—we are now being told to accept in the name of law and order.

History shows that once a constitutional safeguard is weakened, the exception quickly becomes the rule.

And the consequences can be deadly—especially in situations involving mental health crises.

A Washington Post investigation cited in our brief found that over a two-year period, police killed 178 people during calls for help, including welfare checks and mental health crises.

Justice Sonia Sotomayor rightly acknowledged this danger, warning in her concurring opinion that police intervention during a mental health crisis can sometimes escalate the situation ([link removed]) rather than resolve it.

Although the Court rejected the Montana Supreme Court’s attempt to justify such warrantless police entries into the home under an even broader “community caretaker” doctrine, the ruling still marks a significant erosion of Fourth Amendment protections.

By declining to adopt the probable cause standard, the Court embraced a lower “objectively reasonable basis” standard—one that civil liberties advocates fear will open the door to more warrantless police entries into the home.

And when the government lowers the bar for entering the home, every American’s privacy and security are at risk.

At The Rutherford Institute, we will continue to push back against efforts to weaken the Constitution’s protections for the home and the people who live there.

Read the full press release ([link removed]) and learn how the Court justified lowering the constitutional bar for entering your home.

For freedom,

John W. Whitehead
Constitutional Attorney
President, The Rutherford Institute
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Further reading:

Analysis: Under the Pretext of ‘Emergency Aid,’ Supreme Court Paves the Way for Unchecked Warrantless Home Invasions by Police ([link removed])

Case Files: Case v. Montana
* Amicus Brief ([link removed])
* Supreme Court Opinion ([link removed])

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Nisha Whitehead
(434) 978-3888 ext. 604
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You are receiving this email because of your interest in the work of The Rutherford Institute. Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated. To discontinue your membership electronically, or if you feel you are receiving this message in error, please follow the link below.

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