Captain Kirk,
I think you/we are having two separate conversations here. I agree we should be able to “argue” will a law enforcement officer without fear of arrest. However, I think the real issue your getting at is the Disorderly Conduct laws on the book across the nation.
If I were in charge of writing a clear well defined law on Disorderly Conduct, from what I know if this Gates issue, he’d be guilty and arrested.
However, in most places around the country Disorderly Conduct is a vague catch all law that is used quite often used to usurp your rights, which is what I think you are arguing.
For example - here in Wisconsin we have the right to open carry firearms - however, if I were to holster up and go for a walk I can assure you that withing 5 minutes there’d be no less than 4 squad cars on me and I’d be arrested for Disorderly Conduct.
The problem is Disorderly Conduct laws - and I’m with you that from Conservative standpoint - it’s vagueness leads to violations of our rights and creates the impression and often the reality of a police state.
That said - Gates is the guilty party here -
My two pennies anyway
What’s fishy here is that Gates as a law professor knows or should have known that when a police officer comes to your door and asks you to step outside it is for a very good reason—you lose all the constitutional protections you have while in your home if you step into the public.
Myselff, I would never answer the door to police because they can also YANK you outside, and did just that up in Portlnd Oregon on some sweep they were having there.
No, if the police persist in knocking, either call 911 and ask what the problem is, or (and I don’t recommend this) open a window and asked for i.d. Under no circumstances is it anything BUT stupid to open the door:
A little 10 year old down the street says you touched/annoyed her. Open the door and step outside into the public and you can be arrested based on the officer’s own forming of probable cause. Keep the door closed and the only way you can be arrested is with an arrest warrant and a search warrant.
So I have a hard time believing that Gates wasn’t setting up the police when he could have stayed in his house and yelled anything he wanted at them as they left. Still, the arrest was probably an over reaction.