Rightly Decided

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.

Creators and Guests

Host
Laura Beth Latimer
Laura Beth Latimer is an attorney at the Texas Public Policy Foundation's Center for the American Future. Before moving into public-interest work, she spent four years as a felony prosecutor in the Bell County District Attorney’s Office.
Guest
Clayton Calvin
Clayton Calvin is an attorney with the Texas Public Policy Foundation’s Center for the American Future. He has worked on a variety of constitutional matters, focusing mainly on separation-of-powers and federalism issues and narrowing the scope of administrative power. Prior to joining the Foundation, he worked with Colorado’s Independence Institute on constitutional and budget issues, and worked independently to limit qualified immunity and to defend the constitutional right to earn a living.
Guest
Heidi Walusimbi
Heidi Walusimbi is an attorney with the Texas Public Policy Foundation’s litigation arm, the Center for the American Future. Prior to joining the Foundation, she worked as a prosecutor in both Florida and Texas, working on cases ranging from misdemeanor offenses to felony narcotics and violent crime.
Guest
Nathan Seltzer
Nathan Seltzer is an attorney with the Center for the American Future. Prior to joining the Texas Public Policy Foundation, he worked with The Justice Foundation on pro-life and limited-government issues.

What is Rightly Decided?

Rightly Decided is a legal podcast from the Texas Public Policy Foundation's Center for the American Future, whose attorneys defend the Constitution through legal opposition to government overreach.