Whether Officer Bass had probable cause to arrest under the Fourth Amendment

QUESTIONS PRESENTED Officer Austin Bass (“Officer Bass”) responded to a burglar alarm and found Patrick Greve (“Greve”) outside a locked and closed nightclub, wrapped in a tablecloth, with watery bloodshot eyes and the handle to the door at Greve’s feet. Greve informed Officer Bass that he had attempted to enter the locked building to retrieve some of his personal belongings. The nightclub manager informed Officer Bass that Greve was not authorized to enter the locked building. Officer Bass arrested Greve for public intoxication and attempted burglary. The questions presented are: 1. Whether Officer Bass had probable cause to arrest under the Fourth Amendment where the suspect admitted to trying to enter a closed and locked building, breaking a door handle in the process, but offered a questionable claim of an innocent mental state when explaining his behavior to Officer Bass. 2. Whether, even if there was no probable cause to arrest Greve for any offense, Officer Bass was entitled to qualified immunity because the law was not clearly established in this regard.