Comment 18 by Steven Mading :

Please keep the two scenarios separate.

Unfortunately, the security authorities are unlikely to make such nice distinctions. History around the world shows that state security frequently - perhaps normally - regards arrest as being equivalent to proof of guilt. Look at Guantanamo, where the US Commander in Chief assured the world that the only people there were "the worst of the bad guys" (if I remember his phrase correctly), hence normal rules could not apply to them - now it turns out that more than half were no threat at all.

I think that in purely moral terms Harris is probably right. What's more, the public probably has reached the same conclusion (how many Hollywood productions have the cop being cheered for beating information out of a suspect that saves his kidnap victims from certain death?).