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UNOFFICIAL COPY 26 RS BR 2163
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A JOINT RESOLUTION directing the Kentucky Law Enforcement Council to 1
develop training on wellness checks and the emergency aid exception to the warrant 2
requirement of the Fourth Amendment to the United States Constitution. 3
WHEREAS, the Fourth Amendment to the United States Constitution generally 4
prevents law enforcement officers from entering a home without a warrant; and 5
WHEREAS, the United States Supreme Court has recognized several exceptions to 6
the warrant requirement, including the emergency aid exception; and 7
WHEREAS, the emergency aid exception allows law enforcement officers to enter 8
a home without a warrant if an individual inside the home poses an immediate threat to 9
self or others, or if an individual requires immediate medical attention; and 10
WHEREAS, jurisdictions across the country have differed as to the level of proof a 11
law enforcement officer needed to invoke the emergency aid exception, with some 12
jurisdictions requiring probable cause and others requiring a less stringent level of proof; 13
and 14
WHEREAS, the United States Supreme Court held on January 14, 2026, in Case v. 15
Montana that law enforcement officers need only an objectively reasonable basis for 16
believing that an occupant faces serious danger to enter a home under the emergency aid 17
exception; and 18
WHEREAS, law enforcement officers in Kentucky should receive training on how 19
best to respond to wellness checks and on the emergency aid exception in ligh t of the 20
Supreme Court's recent ruling in Case v. Montana; 21
NOW, THEREFORE, 22
Be it resolved by the General Assembly of the Commonwealth of Kentucky: 23
Section 1. The Kentucky Law Enforcement Council shall develop and approve 24
an in-service training course to be presented to all certified peace officers that includes 25
education and training on wellness checks and the emergency aid exception to the 26
warrant requirement of the Fourth Amendment to the United States Constitution in light 27
UNOFFICIAL COPY 26 RS BR 2163
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of the United States Supreme Court's decision in Case v. Montana, No. 24 -624, 607 U.S. 1
____ (2026). The training course shall include but not be limited to the following topics: 2
(1) The United States Supreme Court's holding in Case v. Montana that law 3
enforcement officers may enter a home to provide emergency aid if they have an 4
objectively reasonable basis for believing that an occupant faces serious danger, and that 5
probable cause is not required; and 6
(2) Effectively responding to calls for service and crisis intervention and de -7
escalation training. 8