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.