Justice Jackson Questions Sliding Scale Test in Case v. Montana

The Brigham City Test and Sliding Scale

• ⚖️ Justice Ketanji Brown Jackson questioned whether the attorney agreed that the degree of certainty can vacillate under the Brigham City test.
• 🎯 The attorney confirmed this, stating that the sliding scale is indeed the mechanism for this vacillation.

Flexibility in Legal Standards

• 💡 The core argument is that there isn't a fixed quantum of certainty regarding danger that must apply in every case.
• 🔍 The amount and reliability of information, along with corroboration, are key factors that can differ between cases.
• 📊 These factors influence the level of certainty an officer needs to make an entry reliable.

Clarifying the Sliding Scale Metaphor

• 🧩 The attorney clarified that the sliding scale is a metaphor, not a strictly formulaic matrix.
• 🧠 It relates to the severity of the situation and the amount of information available, but not in a rigid, predefined way.