Article
Probable Cause, Constitutional Reasonableness, and the Unrecognized Point of a “Pointless Indignity”
by Josh Bowers
A police officer needs probable cause to make an arrest. But, almost always, he needs no more. In this way, an arrest may be constitutionally reasonable even if it is entirely unreasonable by any plausible moral or instrumental measure. Indeed, the Court has upheld even an arrest that it termed a “gratuitous humiliation” and a…