Case v. Montana · ¶20

Case, however, wants something more. He recognizes that the Brigham City test applies here, and that it has had but one formulation: In describing and applying that standard, we have never used any different terms. See Brief for Case 24. But still, Case urges us now to understand the Brigham City test as “sound[ing] in probable cause.” Brief for Case 15, 24. What the test really requires, Case contends, is that police officers “have probable cause to believe [an occupant is] seriously injured or imminently threatened with such injury.” Id., at 2. Case reaches that conclusion based mainly on the Fourth Amendment's recognition of the “sanctity of the home.” Id., at 29. Given that special status, he argues, a home entry's aid-giving, “noninvestigatory purpose” should make no difference: The same probable- cause principles used in deciding whether “criminal activity [is] afoot” should apply…

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