Ketanji Brown Jackson Questions Legal Standard in Case v. Montana

Legal Standards in Emergency Cases

• ❓ Justice Ketanji Brown Jackson questioned the attorney regarding the legal standard to be applied in the Case v. Montana case.
• ⚖️ She specifically probed the difference between reasonable suspicion and probable cause, and whether a higher standard than reasonable suspicion should be required for officers responding to emergencies.

Attorney's Objections to Criminal Law Standards

• 🗣️ The attorney objected to using criminal law standards like reasonable suspicion or probable cause, arguing they could be more harmful than helpful when applied to emergency situations.
• 🚒 It was noted that standards like reasonable suspicion might be unfamiliar to firefighters and paramedics, who also respond to emergencies.

Alternative Legal Tests

• 💡 The attorney suggested that reasonableness is an easier standard to understand for all emergency responders.
• 🗺️ They also argued against setting a floor at reasonable suspicion, proposing instead to stick with the objectively reasonable basis test from Brigham City to accommodate the varied nature of emergencies.