Let me tell you about William. His ex-girlfriend called 9-1-1 because he told her he was going to kill himself. She heard what sounded like a gun cocking, then a pop, then nothing. Dead silence.
Police showed up at his home. They knocked, yelled through windows, saw empty beer cans, an empty gun holster, and what looked like a suicide note inside. No response from William.
So they went in. Without a warrant. Found William hiding in a closet. He jumped out holding something that looked like a gun. Officer shot him (he survived). William gets charged with assaulting a police officer.
His defense? You violated my Fourth Amendment rights by coming into my house without a warrant!
The case went all the way to the United States Supreme Court, and in 2026, all nine justices agreed on the answer in Case v. Montana (January 2026). Let me break down what they said—because this matters whether you’re the one in crisis or you’re the one calling 9-1-1. And in my practice defending people with mental health problems, this case really matters!
The Fourth Amendment: Your Home Is Your Castle
The Fourth Amendment says the government can’t just barge into your house whenever they feel like it. Generally speaking, cops need a warrant. Your home is supposed to be the one place you’re safe from unreasonable government intrusion.
But—and this is a big but—there are exceptions to the warrant requirement. One of them is when someone’s life is in danger and cops need to act fast.
The question in this case is: What’s the standard for that exception? How sure do cops have to be that there’s an emergency before they can kick in your door?
Probable Cause?
We’ve all heard this term before. “Is it more probable than not that something will be found in the home?” That is the standard the cops need to get a warrant and search your house. Most of the time, this requires such minimal evidence to convince a judge. And most of the time, judges rubber stamp these requests by cops to obtain warrants.
Yet, the United States Supreme Court has lessened this burden. In Case v. Montana (decided January 14, 2026), the new standard is: Cops can enter without a warrant if they have “an objectively reasonable basis for believing” that someone inside is seriously injured or about to be.
Not “probable cause.” Just… objectively reasonable.
What the F… Does “Objectively Reasonable” Mean?
Here’s what it means: You look at all the facts the cops knew at the time, and you ask: Would a reasonable officer think someone’s in serious danger?
Cops can only do what’s necessary to deal with the emergency and keep themselves safe. They can’t use “emergency aid” as an excuse to search your whole house for evidence. Well, at least not yet. But, eroding the meaning of the Fourth Amendment will lead to not even needing warrants to enter your home.
What This Means for Georgia
This is federal constitutional law, so it applies everywhere, including Georgia. If you’re in a mental health crisis, or if you call the cops on someone who is, here’s what you need to know:
If You’re in Crisis:
- Cops can come in if they reasonably think you’re in danger
- But they can’t (eh, shouldn’t) use that as an excuse to search your whole house
- Once the emergency is over, they need to leave (sorta, kinda)
If You’re Calling About Someone Else:
- Give cops accurate information
- Don’t exaggerate—but don’t downplay real danger either
- The quality of information you provide affects whether cops can legally enter
- And, keep in mind, you’d be the reason your friend goes to jail
For Lawyers – If You’re Challenging an Entry:
- The standard is “objectively reasonable basis” (don’t say probable cause)
- Courts look at everything cops knew at the time
- You need to challenge the facts, not just throw around terms like “probable cause”
Conclusion and My Thoughts
Your home is still your castle. Cops still generally need a warrant to come in. But when someone’s life is on the line—really on the line, not just “well maybe something’s wrong”—cops can enter if it’s objectively reasonable to believe someone needs emergency help.
That’s not a free pass for the police. But, it seems to be a far less burden to prove to a court in order to justify entering your home.
Be warned. Your Fourth Amendment rights are slowly deteriorating.
Here is a link to this brand new case out of the United States Supreme Court:
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