Gates is more than likely racist, but did he violate any laws?

vanity | 8/2/09 | billg64

[Billg64]

There is not much question about Gate's attitude regarding race. I doubt that Officer Crowley considered Gate's race when confronting him.

The question remains, does one have the right to act badly in their home and on their property, without fear of arrest? Does an anonymous 911 call allow police to violate the fourth amendment of the Constitution? Since when does speaking rudely to a police officer constitute a crime?

I heard judge Napalitona asking and answering these questions yesterday. His guest was the sheriff from Arizona, he agreed that the arrest was illegal.

What are your thoughts?

[screaminsunshine]

Disturbing the peace.

[Billg64]

I agree that the arrest never should have been made. The constitution must be respected even when we do not like the individual being protected.

The president never should have interjected himself into this issue.

[Billg64]

he was arrested for disorderly conduct, right?

[bboop]

Disturbing the peace, indeed.

[ishabibble]

Common sense went right out the window for Gates. Who in their right mind does not know to be respectful when the cops show up? I guess Harvard academics aren’t big fans of the “Cops” show!

[Brilliant]

Not unless he’s white. It’s only a hate crime if you’re white.

[mountainlion]

The arrest occurred outside the house when Gates made horrible remarks about the officers mother. The black officer present agreed that the arrest was OK. It turns out that Gates and the officer were cousins form a common Irish ancestor. Shouldn't the trial be in the courts and not on a public forum?

[Billg64]

common sense says be respectful, but does disrespect constitute a crime? The cop never should have entered his some to begin with.

[MosesKnows]

Gates is more than likely racist, but did he violate any laws?

Racism is not against the law.

[digger48]

He was given the opportunity to shut up, or be arrested.

He didn’t, so he was.

[wastoute]

I am not a cop and freepers know me to be anything but a libtard but I gotta say, Crowley came to "help out" a black and an hispanic officer. IMHO when racist Gates went on his little tirade Crowley could have just turned around and gotten in his car and left the issue to the other officers. It was an option. I don't know what was in his mind or heart but to slap the cuffs on the guy in his own front yard may not have been the best option available. Just sayin'...

One can make the argument that white folks can't just keep backing down in the face of black racists but standing up to black racists needs to be done without the badge IMHO.

Μολὼν λάβε

[silverleaf]

Do you have the right to refuse a reasonable request from a law enforcement officer when you are on your own property?

Can you refuse to produce proper ID when requested?

Do you have the right to refuse a reasonable request, can you interfere with an officer trying to perform his duties?

Not can, but should, you come up behind an armed officer yelling at him, trying to incite a reaction, as he tries to leave your property? How many “nice guy” cops have been shot or stabbed from behind by nutcases doing this? How many cops think they can tell a nutcase from a normal person by looking at them?

BTW, what ever happened to the second person with Gates when this possible B&E was reported? No word form him, no identity other than “driver”...a mysterious lack of any mention by the press?

[Billg64]

Wow, insulting a cops mother is s crime. I am a conservative, I argue for the freedom of speech regarding talk radio, the internet etc. If I insult a cops mother, father or children, I do not expect to be handcuffed.

To answer your question NO this should not be out of public debate, If the guy were white arrested by a black cop for saying "get off my property" most conservatives would be all over the issue.

[autumnraine]

The police have the authority (Terry vs Ohio-if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime) to investigate if the person who was seen breaking into the house is rightfully the occupant. Even though Gates was aggressive in defending this was his house, the police couldn’t and shouldn’t take his word.

After Gates showed his id and proof it was his home, the officer was leaving. Gates FOLLOWED him outside and was yelling and aggressive.

Yes, the police CAN come on your property if they suspect a crime is being committed. If you are in your home, a police officer comes to serve a subpeona and sees pot on your coffee marijuana he can come in your house without a warrant.

Regardless, if you are acting aggressive toward a police officer and FOLLOWING him... you can be arrested.

[Billg64]

So if a cop tells you to shut up or be arrested you must comply? I've been to rallieys/tea parties and been told not to be quiet by cops and I did not. Had I been arrested I would have sued the municipality for violating my rights of freedom of speech and violation of the fourth.

That argumnet is weak and "progressive"

[Kolokotronis]

“common sense says be respectful, but does disrespect constitute a crime? The cop never should have entered his some to begin with.”

As one of our more conservative judges said the other day over that the courthouse, “The offense is called “contempt of cop”; its a good way to get a department and the cop himself sued... successfully and rightfully so.”

[Right_in_Virginia]

Gates’ outburst was drawing a crowd . . . and he continued to escalate the "rhetoric". He was trying to incite the crowd. That crosses the line and becomes disorderly conduct.

Fight the urge to over think this.

[autumnraine]

“Do you have the right to refuse a reasonable request from a law enforcement officer when you are on your own property?”

Not if it is suspected you are in the process of committing a crime. As in busting in the door. Until the police officer is certain you are the legal occupant, they can’t assume you are.

And Crowley was leaving, but Gates followed him aggressively.

[Billg64]

The report was a second person anonymous call. The police officer did not have reasonable cause to enter the home. This is a conclusion of the supreme court source: judge Napalitano on Freedom Watch, fox news Gates had every right in the world to say anything he wanted other than threats.