At what point does the officer have a duty to leave a citizen alone once that citizen has made it clear to him that he is not welcome on the citizen's property? And to frame this properly, we're talking when it is clear that no crime has been committed. How long does the policeman get to hang around when he is clearly upsetting and agitating the citizen and it is equally clear there is no pressing need for him to be there?
Why do the police seem to have all the rights here? Does the citizen in his private residence not have any protection against unwarranted intrusion? Does the citizen not get to define what is unwarranted or is that solely the provence of the police? When is a man's castle his?
re: At what point does the officer have a duty to leave a citizen alone once that citizen has made it clear to him that he is not welcome on the citizen’s property?
At the point the officer in this case left the house. He did not stay around and insist he be allowed to check the house, he was perfectly within his rights to do so since the report was there were TWO suspects. Where is the other guy now?
Gates exercised his rights when he refused to step outside in response to a lawful request from the officer and then used even more of them when he insulted the officer. And just for good measure he drew down even more of this stored up rights by following the officer out the door and cursing at him and further insulting him. He was using his rights when the officer advised him he was in danger of being arrested if he didn’t calm down.
Seems to me Gates had a full portion of his rights and chose to piss them away for whatever reason.
Again, Gates refused to let the officer leave the premises without further confrontation.
Gates was perfectly within his rights to accompany the officer outside. He was given those rights, there is no question about that.
It’s hardly unwarranted intrusion when a 911 caller reports what appears to be forced entry into a house. The officer handled this the same way he’s probably handled hundreds of other identical dispatches over the years. Why didn’t those end like this one if he’s the problem. Because he’s not the problem. Others who have been confronted by an officer who is checking on their safety and sanctity of their property have responded differently.
Exactly what rights of Gates do you feel were violated?