Attorney General Pam Bondi and the rest of the Trump Administration appear to be the most pro-Second Amendment administration in recent history, if not ever. That would be a fantastic thing all on its own were it not for the fact that the DOJ still keeps doing some anti-Second Amendment things.
Yeah, the title is still applicable in my book, but that's because the bar is so low single-sell organisms can't limbo under it.
However, the latest issue is a bit more complicated than it might look on the outside. It seems a man was shot by police in Montana after they entered his house without a warrant. The DOJ is apparently backing up the state in this case.
But the devil is in the details.
The Department of Justice under Attorney General Pam Bondi is advancing an argument that threatens to hollow out the Fourth Amendment's core protection: that Americans may be secure in their homes against warrantless searches.
The lawsuit is Case v. Montana. After a difficult breakup, William Trevor Case was at home alone when police arrived for a so-called "welfare check." They spent nearly an hour outside his house. Officers walked around the property, shined flashlights through windows, and even discussed calling his relatives or reaching him directly. They never did. Instead, they retrieved rifles and a ballistic shield, broke down his door without a warrant, and shot him.
Case survived, but his rights did not.The Montana Supreme Court upheld the police's warrantless entry. Apparently, the government's "reasonable suspicion" that Treavor Case might need "help" was sufficient to justify an armed warrantless intrusion into his home. That standard is alarmingly low. The Fourth Amendment requires probable cause and judicial approval before government agents may enter a home. It does not permit entry based on a hunch.
...
The U.S. Supreme Court addressed a similar issue in Caniglia v. Strom in 2021. In that case, officers entered a man's home without a warrant after a domestic dispute, claiming they were acting as "community caretakers." The Court unanimously rejected that argument. Justice Clarence Thomas wrote that the Fourth Amendment's protections do not vanish just because police say they are trying to help. The Court allowed for true emergencies—cases of imminent harm or death—but drew a clear line against open-ended "caretaking" exceptions.
The welfare check is something that's been around for years, and most people don't seem to think much of it. Case was someone dealing with a difficult time in his life, one that could spark depression or suicidal ideation, and someone got worried about it. So, they called the police to check on him.
It happens all the time, and it's saved lives. People who were injured or sick were found and rushed to the hospital where they could be treated.
However, this highlights the potential dark side of welfare checks.
It doesn't help that police didn't think Case was in need of immediate aid, yet they claimed he'd said he would "shoot it out" with law enforcement. They suspected he might try to ambush them and die via suicide by cop. Of course, the person who claimed that was one of the officers on the raid, and so I don't know how valid that claim actually was, especially as he wasn't arrested over making a threat, apparently.
So, they armed up, got ballistic shield, and never bothered to just knock on the door and see if he'd answer.
I don't know how Case was unaware that someone was outside, shining a flashlight into the window, or if he did and that was why he was hiding in a closet with a handgun.
Honestly, the whole thing is wonky as all get out to me, and it would have been best of the DOJ had just stayed out of it or at least defend the Fourth Amendment for gun owners.
What makes this worse is the fact that it's not hard to get the police to conduct a welfare check. Anyone can do it and justify it for almost any reason. The police will just respond, and if they respond like they did with Case, it's not difficult to see how something could go sideways and an innocent person be killed.
