Join the litigators of TPPF's Center for the American Future as we dive deep into the roots of law enforcement’s ability to enter a home without a warrant. We break down the Supreme Court’s unanimous ruling in Case v. Montana, which allows police to cross your threshold without a warrant—or even probable cause—during a welfare check. Is this a necessary safety net, or has the Court created a massive loophole for warrantless searches?

We also take a quick detour into Sixth Amendment fallout in Burnett v. United States, the possibility of sentences beyond statutory maximums, and the effects of appellate waivers.

What we cover in this episode:

• The Death of Probable Cause? Why the Court in Case v. Montana decided an "objectively reasonable basis" is enough to breach the home when life is on the line.
• Justice Gorsuch’s Concurrence: Exploring his theory that the Fourth Amendment is rooted in criminal trespass and why he warns that these entries must be tightly tied to common-law property rules, not just “reasonable expectations of privacy.”
• The Trap of the Waiver: A look at Burnett v. United States and how a defendant's plea to extended supervised release can result in a sentence that exceeds the statutory maximum.