A Disorderly Conduct offense can NOT be applied to a person who is in his own home (Disorderly Conduct: "Conduct that is likely to lead to a disturbance of the PUBLIC peace or that offends PUBLIC decency"). The cop missed this decisive legal point entirely. Fortunately, the Prosecutor did NOT miss it and Nolle Prossed it. In the third from last paragraph in the cop's complaint narrative the arresting officer states that while inside Gates' home he told Gates he "would speak with him [Gates] outside" and the cop proceeds to explain WHY the officer wanted to speak to Gates "outside" rather than inside the house. Gates' conduct outside his home on his front porch, was identical to his conduct inside his home. This conclusively demonstrates the cop did NOT believe that Gates' conduct inside his home was "disorderly" on its face, otherwise, why would the officer issue a directive that would move that conduct outside, thereby CREATING a "public" disturbance which would never have occurred and would never have been "PUBLIC" if Gates had NOT followed the officer's directive and had remained inside his home. There are only 2 possibilities. Either the officer, in bad faith, set Gates up for a sucker-punch arrest that he knew he could NOT make if Gates stayed inside his home (Entrapment). Or, the officer never believed Gates' conduct (inside or outside his home) constituted a public disturbance. Either way, this was a bad, unjustifiable arrest that does not pass the smell test. Entrapment does NOT constitute a valid lawful basis for an arrest.
#1 -- This officer was responding to a citizen's report of a possible break-in in progress; therefore, the officer was REQUIRED to enter the premises. No PERMISSION required -- police-procedure required. What if there actually had been a B&E?
From what's been stated, Gates immediately became indignant, rather than understand that a neighbor, and thus, the police, were concerned about protecting his property.
#2. Thus, the "victim" mentality takes over. I suggest considering the daughter's comment: She said her father may have been "one of the last black men on earth who actually believed in the justice system." Apparently not then, and certainly not now.
And he is considered a respected scholar? Wonder what he's teaching in those Harvard classrooms? Perhaps Rev. Wright is a guest speaker.
Just recently, a friend needed assistance in a shopping center. Police officer parked his car in the aisle of the parking lot, and a belligerent man demanded the cop move his car: "You're only helping one person, but you're inconveniencing many...." Cop replied, "I'm only doing my job." Citizen continued to berate cop, who finally warned, "Stop, or I'll arrest you as a disorderly person." Man left. Situation over. ps -- race an issue here for anyone?
Whats wrong with this picture, a police officer enters your house with out permission then arrest you for dis/conduct, and this guy is a sargent!"sounds like a police state to me"
Black people in this country have become the biggest bunch of whining cry-babies. I grew up in the 60's, and yes the civil rights struggle was critically necessary for this country to try to achieve its goal of "all men are created equal". However all the great work that was done in the past, seems to be diminished, by black folks like Prof Gates, who use their color as a crutch. "He" makes a stupid mistake, by not cooperating with the police who were doing their job, investigating a possible B&E at HIS house !!., but then blames the white cops for the deteriorating situation ( and by the way, all the responding cops were NOT white, look at the picture of Gates on his porch in handcuffs ). Anyway, sometimes I wish I was Black In America, so I could blame all the problems that come along in my life ( like they do in everyone else's life ),on someone else's response to the color of my skin. Black folks in America can I give you some advice?, Start taking responsibility for your own actions and Stop complaining that EVERY BAD THING that happens to a black person is racially motivated, ITS NOT. It begins to be like the boy who cried wolf too often... After a while, no one believes it or wants to hear it
Gates should have kept his big fat mouth shut and not demanded the cop's name and badge number. Clearly the cops realized that he was the resident of the home after showing proper identification. But no, he had to get all attitudinal and belligerent, which is why he was cuffed for disorderly conduct. It shows he hasn't any respect for the cops trying to do their job. It shows his utter contempt for law enforcement. The one image that shows Gates and his big fat mouth open in rage, proves he was being disorderly and belligerent. The one thing many don't get is that you don't go attitudinal and belligerent with the cops, regardless of the circumstances. If the cops were truly being racist they would not have allowed him to show his identification. The image of Gates big fat mouth running off (yelling) is interesting, because there's a black cop in front of him who appears to be disinterested in the black attitudinal theatrics of Gates. When people start showing more respect for cops, maybe they'll get some in return. Gates is also an ingrate because he hasn't expressed his gratitude for the person who thought the home was being broken into and then calling to report it to the cops, and then the cops responding to the report of a suspected burglary. I guess everyone should all hail and bow down and lick this man's boots. What a jerk. And, talk about stupid - Gates and Obama are the monumental stupid fools in this situation, not the responding cops.
Does anyone remember Georgia Congresswoman Cynthia McKinney who attackedt a US Capitol police officer for asking her to present identification prior to entering a house office building? She was offended because the WHITE security guard had failed to recognize HER. Forget the fact he was following procedures for her protection. The whole issue became all about her blackness. SOUND FAMILIAR? It seems we have the same thing here. The outrage is because of a failure of the police to recognize the awesomeness of Prof. Gates. Everyone should know him. He is a very important man. Remember: Just because you OWN the property does not automatically give you unquestionable right of entry. What if you are in the process of getting a divorce and because you have been threatening your spouse the court has placed an order prohibiting you from entering the property? You own the house, the address in on your driver's license you showed the police because you never changed it. The police say OK, let you finish breaking in and leave. Once in, you kill your spouse...now who is at fault? You, because you lied or the police because they failed to follow the proper procedures to protect your dead spouse from you? OR..this NEVER happens: What if the identification you show the police is fake and they fail to take the time to confirm it because you break into a racist rant? Would it help if police were required to immediately leave the scene of a crime when anyone drops the race card? Most of us can recover from being offended a lot quicker than being killed.
I want my property protected as much as anyone, but I am not willing to give up my rights to freedom of speech in the process. If a cop respects my rights during such an investigation, then I will be happy to show all the ID necessary. Gates had every right to enter his own home. He had every right to the cop's name and badge number, but that request was ignored in order to escalate the situation in a public fashion. No WASP homeowner would be treated that way.
Fred-Mertz Nice choice of names btw. From the Lucy & Desi show? You obviously have some issues. You seem to harbor a lot of pent up anger. There were black police officers at the scene. So, where do they figure in your whole racist scenario? It is too bad that people get profiled. A damn shame in deed. But, if the majority of crimes that were being committed were perpetrated by white, Irish American males I'm not sure I'd be all that angry at being profiled. Not angry at the police anyway. I'd be more angry at those Irish Americans males for giving us all such a bad rep. The police are doing their jobs.
I'm surprised Al sharpton and Jesse the "Shakedown King" Jackson haven't already arrived at the Police officer's home with their Black Panther thugs to protest. They'll ride this out as far as they can.
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svivar9087
Los Angeles, Calif
From what's been stated, Gates immediately became indignant, rather than understand that a neighbor, and thus, the police, were concerned about protecting his property.
#2. Thus, the "victim" mentality takes over. I suggest considering the daughter's comment: She said her father may have been "one of the last black men on earth who actually believed in the justice system." Apparently not then, and certainly not now.
And he is considered a respected scholar? Wonder what he's teaching in those Harvard classrooms? Perhaps Rev. Wright is a guest speaker.
Just recently, a friend needed assistance in a shopping center. Police officer parked his car in the aisle of the parking lot, and a belligerent man demanded the cop move his car: "You're only helping one person, but you're inconveniencing many...." Cop replied, "I'm only doing my job." Citizen continued to berate cop, who finally warned, "Stop, or I'll arrest you as a disorderly person." Man left. Situation over. ps -- race an issue here for anyone?
You obviously have some issues. You seem to harbor a lot of pent up anger. There were black police officers at the scene. So, where do they figure in your whole racist scenario? It is too bad that people get profiled. A damn shame in deed. But, if the majority of crimes that were being committed were perpetrated by white, Irish American males I'm not sure I'd be all that angry at being profiled. Not angry at the police anyway. I'd be more angry at those Irish Americans males for giving us all such a bad rep. The police are doing their jobs.