Justices: Anaconda police justified in warrantless entry before shooting

In a 4-3 decision, the Montana Supreme Court ruled that Anaconda police justifiably believed a man was potentially armed and suicidal and didn’t violate his privacy rights by entering his home without a warrant.

An officer shot and wounded William Trevor Case during the incident and a jury ultimately found Case guilty of assault on a peace officer because he pointed a pistol or what appeared to be a pistol at police.

Case

Montana Department of Corrections

Case appealed, claiming police had no right to enter the home and anything that happened once they did should be suppressed as evidence. That included events that prompted the shooting and a handgun found near Case.

The majority of justices found otherwise in a ruling issued late Tuesday afternoon.

Montana has “heightened privacy protections” but in this case, police believed Case was in peril and needed help and the circumstances fit a narrow “community caretaker” exception allowing warrantless entry, justices said.

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