Case v. Montana · ¶28

I write separately to underscore the unique considerations that law enforcement and courts should bear in mind when assessing whether there is an “objectively reasonable basis to believe” that a person experiencing a mental-health crisis needs law enforcement to “render emergency assistance.” Brigham City v. Stuart, 547 U. S. 398, 403 (2006). As Brigham City explained, the “‘justification for what would be otherwise’” an illegal warrantless entry of a home in this context is “‘[t]he need to protect or preserve life or avoid serious injury.’” Ibid. (quoting Mincey v. Arizona, 437 U. S. 385, 392 (1978)). The officers in Brigham City, for instance, needed to enter the house to break up an ongoing fight to protect a person whom they saw through a window being struck in the face and to prevent further violence. 547 U. S., at 406. When an officer is called to respond to a person at risk of…

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.