Posted on 07/25/2009 8:37:19 AM PDT by AJKauf
I am in a sense fortunate in that I work in an area where I’m as likely to encounter an extraterrestrial as an Ivy League professor, but like most police officers I can nonetheless sympathize with Cambridge Police Department sergeant James Crowley, for whom there will be no waking from the nightmare for some time to come. But, except for the notoriety and lofty position of the reported “burglar” (one of America’s preeminent black scholars, and all that), the scenario presented to Sgt. Crowley is fairly typical, one that every cop has experienced many times. A well-meaning neighbor has seen something she perceives as out of the ordinary and has asked the police to investigate. If more people were disposed to act this way, America’s crime rate would plummet overnight.
The first question to be asked about Sgt. Crowley’s initial response is, was it lawful and reasonable? Clearly it was both. A cornerstone U.S. Supreme Court decision, Terry v. Ohio, held that an officer may stop and detain a person he reasonably believes to be involved in criminal activity. Here, Sgt. Crowley answered a citizen’s report of a possible burglary. Such reports are granted a presumption of reliability under the law, so Sgt. Crowley was on solid ground in approaching the home and, upon seeing a man inside who matched the description provided by the witness, asking him for his identification. A police officer responding to such a report must, for his own safety, assume the report to be accurate until he can satisfy himself that it isn’t. The cop who blithely handles every call assuming it to be a false alarm will likely not survive to handle many of them. ..
(Excerpt) Read more at pajamasmedia.com ...
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You could not be more wrong. Sgt. Crowley (the nameless 'cop' to you) is a Peace Officer. By legal standards everywhere Gates was a disorderly person who was disturbing the peace. He was given at least two 'lawful orders' to desist. He did not, he escalated. Sgt. Crowley had two choices, do his job or not. He did that for which he is paid by the good people of Cambridge.
That is the real world fact of it.
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A bald faced lie.
Gates was not arrested for his opinions, a falsehood that you have perpetuated in post after post. Gates was arrested for disturbing the peace (look it up). He refused multiple lawful orders (look it up) to desist. That will get anyone arrested anywhere.
You are either wholly ignorant of the law in this case or you are positing lies as facts to advance an agenda. I suspect the latter.
Actually since you are too lazy to read the thread rather than one post, the cop, the government empoyee, Crowley wasted public resources by making a bad arrest.
We know it is a bad arrest and we know Gates was not breaking the law because charges were dropped immediately when business hours the next day rolled around. When charges can not be sustained, you are not doing your job by arresting someone. So Crowley was wasting the money of the good people of Cambridge mostly likely because his ego got the best of him.
Of course you could have read the entire thread. You could try to think and learn from the discussion. But instead you just name call. Good job.
You compound the lie with this statement...
"We know it is a bad arrest and we know Gates was not breaking the law because charges were dropped immediately when business hours the next day rolled around."
Any ADA can decide not to follow through after an arrest for any number of reasons, political considerations being one. It happens all the time and is not nor is it meant to be a statement from the DA that the arrest was wrongful.
Try working with what is factual in the real world.
Right and it is never the cops role to know what can be sustained in his juris diction. And it is the usual thing for cops to go investigate a possible break in and arrest the legal resident.
Sorry, you are the one who needs to go live in the real world. The charges were dropped because it is not against the law to argue with a cop whether he warns you or not. A cop is not a petty prince and that is the real world.
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Again you display an astounding ignorance of both the facts of the case and the law itself.
If you are arguing with an officer (which btw is not the case here since only Gates was in argue mode) and that attracts a crowd of on-lookers (which was the case) then you have disturbed the peace (again, look it up). If you are then told by the officer to desist (a lawful order - again, look it up) and refuse then you are subject to arrest.
The legal definitions are out there...do a bit of work. The facts of the case are out there...do a bit of work. Or, you may, as I bet you will, just pull nonsense out of your ear and then argue it as fact. That is easier but fairly stupid.
I don’t know the answer to this question... I am neither a lawyer or police officer...
But they say that this does not apply if on your own residence. Is that true?
(That doesn’t make sense to me but I will admit that I only know from watching TV shows).
Thanks
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No, it is not true. Standing on your own property does not insulate you from the law. Try playing your stereo at maximim volume at three in the morning from your own porch.
Gates was loud, unruly and combative. His behavior drew a crowd on the sidewalk. That constitues a breach of the peace (disturbing the peace).
Sgt. Crowley told him to cease at least twice. This is called a 'lawful order'. We are bound to obey lawful orders from the police (example...an officer tells you to move on from a crime scene - if you refuse then you may be arrested).
After Gates refused to comply with the lawful order(s) and continued to disturb the peace he was placed in custody.
You can bet that obama and Gates were told by their legal advisors that the arrest was completely lawful. This is why they changed their rhetoric so radically.
There are, unfortunately, people on this thread who have no understanding of the law, who misrepresent the reason Gates was arrested and who castigate Sgt. Crowley for doing that which is in fact his job.
Thank you for your reply... much appreciated.
:D
thank you for your reasonable and inquiring attitude, we could use more of it here.
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