For the police to arrest you, they MUST suspect you of having committed a CRIME.

[stevenleser]

ANYTHING other than that is a misuse of police powers.

Just sayin'...

[tabatha]

1. Getting upset is not a crime.

[stevenleser]

2. Exactly. n/t

[Leo The Cleo]

3. BINGO

[rocktivity]

12. As Randi Rhodes put it yesterday

"The cops can't arrest you for hurting their feelings."

:D
rocktivity

[PurityOfEssence]

32. Disturbing the Peace IS

It's a crime against one's fellow citizens to rattle their daily pursuit of happiness with loud noises, and to continue to do so after having been warned of impending arrest; that's why he was arrested. He wasn't arrested for "getting upset", he wasn't arrested for repeatedly accusing a peace officer of being a racist, he was arrested for yelling at an officer, repeatedly, in public, after having been warned not to and of the consequences.

I don't want to live in a society where it's perfectly fine to vent one's spleen on cops in public. That's all beside the point though; this is an issue of law.

We're all in this together, but it's worth pointing out how people, when they feel put upon, have little compunction about messing up everyone else's day. When you're personally wronged, that doesn't give you the right to demand the rest of society come to a screeching halt and hear the fallout of your personal imbroglio. It's selfishness.

This was a complex and very marginal situation, yet so very many people DEMAND that it be seen as crystal clear and of grave societal import.

The whole tenor of "how did the cop know" or all that rubbish is just plain silly. The crime of having a big screaming fit in public was in ample evidence, and that's why he was arrested.

The fallout of it seems to be more indicative of individuals' prejudices and their desire to be approved of by others than of anything else. The cop wanted to shut him up--which he has the RIGHT to do--and threatened arrest, Gates either thought he was calling a bluff or wanted to be martyred. The cop followed through, and charges were quickly dropped. In the short term, it worked: the incident ended. Sure, the cop could have just driven away amid a fusillade of raging accusations, but how many people really stand for that? Must they?

Police are like the proverbial iron stove in a wooden building: they're dangerous but necessary. They live in stress. They risk their lives for us. They get endless shit from all sorts of people.

Academics are, of course, sterling individuals; like physicians and celebrities they're humble virtue personified, never expecting special treatment, never presuming superiority, never misbehaving, never demeaning those in inferior positions. Obviously, it never happened at all.

[scarface2004]

46. wrong....

he was arrested because he was black....quit with the rw talking points!!!

[MadMaddie]

47. He was not arrested in public, he was arrested in his home.

There is a difference.

Yes the police have a tough job and no doubt it's dangerous. They are the first ones we will call if there is something wrong.

How do you think Police states evolve. Citizens stop questioning what the police are doing, and before the citizens know it the police can pummel them and not worry about getting in trouble.

The police officer identified Gates and knew who he was by sight. Yes, he should have driven away. He is a grown man in a tough job and if all it takes to get his feelings hurt is an old man yelling at him then maybe he is in the wrong job. How does this officer perform under real stress would be my next question?

This is a situation that got out of control and the officer could have defused it and he didn't.

[PurityOfEssence]

57. He was arrested in public; here's the police report

http://www.thesmokinggun.com/archive/years/2009/0723092gates2.html

[musicblind]

65. The fact that you quote the police report as though it were the truth says something about your bias

[mkultra]

52. well said but ass backward

The law is on Gates side. In your own home, you can pretty much say whatever you want to a cop. Thus the charges where dropped.

[PurityOfEssence]

58. Sure, but not outside

You don't know why the charges were dropped any more than I do, but it's probably because it's not worth fighting. From the police reports, Gates followed Crowley outside yelling at him, and wouldn't stop even when warned that this would lead to arrest.

There's no point to pursuing a trial for a piddly little offense like that, though, and it's so highly charged that it sounds like the charges were dropped hoping that it would all go away. That doesn't mean that they felt or knew that they were in the wrong or anything of the sort.

Crowley probably should have just "taken it", but after being called a racist, then called a racist again in front of a fellow cop, as well as having someone bluster and puff about his importance and ask for a name and badge number (presumably to make a complaint) he's probably had enough of this guy. Bad move on his part, but hardly the act of Simon Legree.

If you yell at someone enough and call him a racist repeatedly, then yell more in public, he might get a bit rash. It sounds as if Gates expects great latitude for his emotions, but certainly didn't grant much here.

It sounds like they both had a bit of a bad day, but is it fair for a police officer to be SERIOUSLY insulted (racism is a HUGE hot-button issue, especially with cops) when doing his duty? Why is there to be understanding for some groups, but not for others?

[mkultra]

59. Meaningless

The cop can get as pissed as he wants but when he makes an illegal arrest, he has stepped over the line. Gates was arrested on his front porch. I'm sure they both had a tough day, but Gates didn't step over any legal lines while the cop did. The cop asked Gates to step outside on purpose. The intent was to help excuse his premeditated actions. Dismissing the charges against Gates actually creates greater exposure to the Cambridge PD for a civil suit. They would have pressed charges if they could.

Regardless of how much steam gates let off, there was never a legal basis for an arrest.

Maybe we should appreciate the fact that in the end, although gates has a strong case and legal ground, he has not chosen to file a civil suit.

There is very little understanding for cops when they abuse there authority.

[PurityOfEssence]

67. Public. On private property, but making a public disturbance.

It's perfectly legal to arrest him for that, and after warning him more than once, even brandishing the handcuffs to demonstrate that he was serious, it's not out of the blue. This smacks of Gates' having a big drama moment. His later statement that he had been "chosen" for a moment like this shows a sense of grandeur that belies the claims of victimhood.

What "premeditated actions" do you allege?

Perhaps Gates' not filing a suit has something to do with the flimsiness of the case. If the police can show that he was engaging in disorderly conduct in public--which it certainly sounds like he was--then Gates has no case; they had every right to lawfully arrest him. If he wants to sue for Intentional Infliction of Emotional Distress, that would be pure chutzpah; the fact that he repeatedly called Crowley a racist serves as provocation.

Both sides backed down because both sides went a bit too far. What's irritating is those who have no problem with a man repeatedly calling a peace officer a racist, at least once in front of a fellow officer, when the man was simply answering a specific call about two black males possibly breaking into a residence. Crowley answered the call and found someone who fit the description; that's NOT profiling or racism or anything of the sort.

What we don't know here is how it specifically started. Was Crowley derisive? Obviously, when determining that Gates was the lawful residence, he didn't say or do enough to satisfy Gates, but after that kind of abuse, I can't say that an abject apology from the soul is particularly warranted either.

You, like many others, make HUGE leaps of logic. Obviously, the cops dropped the case because they didn't have one, and obviously Gates is a paragon of virtue who rises above the situation beatifically to spare them the legal thrashing they're due. There's not a scrap of proof of either, beyond personal prejudice on the part of the person making such fatuous pronouncements. Where this depiction of Gates comes from is beyond me; by all accounts he was most unpleasant and combative.

Sure, he had a long flight and this was probably just the last straw on a bad day, but that doesn't justify calling an officer who was following proper procedure, a RACIST and doing it repeatedly. Perhaps Gates didn't know that the call specifically said "two black men"; it rather sounds like he didn't, and then presumed he was being profiled or something. Still, presuming racism and railing at a peace officer with a HUGE accusation like that isn't the act of a saint. People who claim to have some sensitivity to racial issues should have some sensitivity themselves, ESPECIALLY world-renowned experts on the subject of communication and semiotics.

[mkultra]

68. "public disturbance" specifically requires you be in a public place

if done on private property, it can only be disturbing the peace or trespassing. Your assertion of "perfectly legal" is pure fabrication.

Frankly we(including you) have no clue if Crowley made any racially disparaging remarks or actions. This is an assumption on your part as much as by others. I don't have a clue if he was being racist or not and i don't really think its relevant to this particular discussion.

The only one making logic leaps is you. The cold facts make my point:
Once Gates' identity was verified, the investigation was over and police protocol states that he leave.
Instead, Crowley requested that Gates step outside his house.
Gates was then arrested.
Later, the charges where dropped.

Brow beating a cop is NOT illegal unless you approach said cop unsolicited. The legal line was crossed only by Crowley and gates has much more than a "flimsy" case. This assertion is pure fantasy on your part.

[PurityOfEssence]

81. Standing on your porch of a house like this is, by definition, "public"

If you stood on this porch and took off all your clothes, you could be arrested for indecent exposure.

Crowley had descended the stairs and was either on the sidewalk or in the street as Gates was yelling at him. This is public. Then he was warned. Then he was warned again and handcuffs were displayed to show the seriousness of the intent.

Neither of us was there, and maybe Crowley should have just backed off, but "letting things go" isn't always the best course for a polite and respectful society.

Regardless of the fairness of it, Crowley had the legal right to arrest him, it was a crime, and this is crap.

Argue whether Crowley should have been more saintly in taking abuse. Argue whether Crowley was not forthcoming enough with his badge number and name (he says he responded to this more than once, and nobody's ever claimed that he was asked for photo ID). Argue whether Gates called him a racist (both cops say he did, yet in Gates' interviews he makes it sound like he meekly asked for ID and was stonewalled).

Whatever.

This was a legal arrest. It was in public.

[angee_is_mad]

37. In your own home

is not against the law.

[omega minimo]

48. Yeah but what about getting "tumultuous"?

:wow:

[Dreamer Tatum]

4. Is that really a point of controversy?

The best evidence that Crowley acted outside of his authority was that the charges were dropped immediately.

[stevenleser]

5. I wouldnt think it would be, but from the various threads at DU, apparently it is

as amazing as that is.

[zbdent]

22. and, with Sarah Palin's legal guidance, we all know that charges being dropped

means that they were bogus to begin with ...

take that, freepturds ...

[merh]

6. Crowley enticed Gates into

stepping out in the public view - he knew he couldn't arrest him in his home for disorderly conduct. He knew it had to be in public. Where he failed was, there was not public (as in persons) that were impacted by his behavior.

[sandnsea]

7. We now have "Yelling While Black"

I challenge all of DU to go outside and yell, and if, IF, the cops show up; yell at them, and then report back.

Nobody will be arrested. NOBODY.

And in my neighborhood, if somebody was banging their body against the door, we'd probably assume the front door was stuck and go help them.

[spin]

10. Wrong...

Stand outside in my neighborhood and yell and the cops will show up.

Call them names and insult their mothers and you WILL get hooked and booked. Guaranteed!

[uponit7771]

13. So cops in YOUR hood arrest folks for hurting their feelings?! Jus sayin, also Gates was IN HIS HOUS

...and Crowley told him to step outside of it and he did.

Gates could've told Crowley to fuck off at that time and should have

[Bluerthanblue]

17. it's called "Contempt of Cop"- and it

isn't a "law" but it's used to incarcerate people frequently.

:shrug:

[spin]

24. Let me describe an incident that happened about a month ago...

We were sitting on our front porch at about midnight.

Two police cars stop a car across the street from us. Apparently the lady in the car was suspected of buying drugs. Sure enough they did find drugs on her person. So they search the car. The male driver and the other male passenger are frisked and asked to stand with their hands on the hood of one of the police cars. They are clean, no drugs and neither are intoxicated.

The search and the paperwork takes a while. The driver is polite, but the male passenger is a little pissed at having to wait. He keeps making comments like, "Why the F**k can't you speed this up with all your modern technology." The primary arresting officer warns him several times to be quiet. The guy persists.

So the officer slaps some cuffs on him and he gets to spend a night in jail. The driver gets to drive off with no problems. The female with the drugs is, of course, in deep shit.

Should the cop have arrested the loud mouth. No. The only people around were three or four cops that had arrived on the scene and my family hanging out on the porch watching the situation. We had fired up a Sirius radio and boom box to play some rock and roll, and were actually attempting to play some background music for the situation. Songs like I Fought the Law and the Law Won.

Sure, the loudmouth might get off in court, if he wants to push the incident. Considering there were five cops on the scene as witnesses the chances are slim. If he does get off, the cop that arrested him will probably say, "Oh well, maybe the next time he runs into a cop, he'll be more polite."

But the way, all the individuals in the car that was stopped were White. All but one of the cops were White.

You may be 100% right to vocally criticize a cop. Being polite and complaining to his supervisor after the incident is the wisest thing to do unless you are a masochist.

[uponit7771]

25. K, sounds like you're discribing what DOES go on vs. what SHOULD go on the issue in this

...case is if they person who was thrown in jail for having a loud mouth was some white senators son I would bet good money this would've been a non issue and the officer would've apologized or known who the son was and not taking the person to jail.

I've gotten myself out of trouble before with name dropping

[spin]

29. Exactly right...

I believe there was one cop in the town I live in that insisted on arresting drunk drivers who were related to the "important" people. He eventually got fired.

edited for fat fingers.

[sandnsea]

31. Did you call and complain?

That's why that sort of thing continues. Taxpaying citizens are scared into silence.

[spin]

38. No. I might not have felt the police were entirely correct...

but they didn't taser the guy or beat him.

My grandchildren were outside at the time on the porch.

I used the situation as a lesson. I said, "See what happens if you give the cops shit."

Hopefully they got the point.

You can always file a complaint after the incident. Of course, a complaint about how long the cops took to search the car and process the paperwork would probably go nowhere.

[sandnsea]

42. So you like that if you taught it to your grandkids

and didn't do anything about it either. The lesson mine would have learned is watching grandma raise hell with the police chief and being told not to let anybody bully them out of their rights, not even a cop.

[musicblind]

66. If only teaching harmful authoritarian world views could be charged as child abuse

sadly it cannot :-/

[polmaven]

56. Wrong...

When Crowley asked him to come out, HE REFUSED. Once Crowley was convinced Gates belonged there, and convinced that Gates wasn't going to calm down, he turned and headed out the door to leave. Gates contiued yelling and FOLLOWED him out the door.

[sandnsea]

14. And you're proud of that? n/t

[spin]

26. Why should I be proud of that?

It's just a fact of life where I live, a very small town in a very poor county of north Florida. The local cops get paid peanuts. They definitely don't get paid enough to take shit from people, and believe me they don't.

There is absolutely no way in Hell I would be a cop in this town for the money they make. It's not Mayberry, there's a lot of drugs and violence.

The only advantage to the job that I can think of, is that they get to fly through the center of town at 80 to possibly over 100 mph with their siren blaring and light bar flashing when they respond to a late night call.

[sandnsea]

27. You must like it, you live there

I wouldn't. I'd leave. Why do you put up with that? Do you really believe people have to act like that to "fight crime"? We have tweakers here too.

[spin]

30. Our house is up for sale...

We've had a couple of offers, but the buyers wanted us to finance the deal.

[RaleighNCDUer]

15. Good thing gates didn't do those things. nt

[fishwax]

21. insult their mothers

:rofl:

[JonLP24]

55. Wrong

http://www.youtube.com/watch?v=xq_RvJ7CtOw This man didn't get hooked and booked and he said far worse things caught on video rather then what Gates is alleged to have said.

[goclark]

78. That is an absolutely classic and should be its own thread!

:rotfl:

Maybe the President can run this clip while everyone is having a beer together.... : )

[polmaven]

54. On Labor Day, 2008

I called the police regarding the disturbance my next door neighbor was making. The house is a 3 story, 4 apartment home.

Her husband and children were in the "yard"...it is actually a parking lot surrounded by a fence...playing basketball. She came outside and began to grouse about something. Her 11 year old daughter actually said "mom, for once in you life shut up and stay out of jail."

She then began calling that child a "fucking bi**h". When the third floor tenant, who was outside with her 3 year old daughter objected to that behavior, she was called a fucking ni**er.

When everyone but she began to call over to me to call the police, I already had them on the phone. They came fairly quickly and she was arrested for disturbing the peace.

Now, she was in her yard, and was only yelling, but she was arrested. It was, by the way, not the first of the last time she has been arrested AT and, actually IN her own home for disturbing the peace. I have rights too, and the right to peace and quite is one of them.

And, before you ask, she is white, as am I.

Also, may I ask what would happen if you went to help someone banging his body against a door, and he turned out to be a burglar? You do realize you would then be an accessory, right?

[sandnsea]

60. It really is different in the east

That is clear to me. I have never in my life seen the police called for yelling. Yelling with threats of fighting, yes. Yelling, even with hateful language, no. Do you call the police on children playing too loudly too?

And before you go there, I never in any way justified or excused anything the woman did. I just can't believe people don't just go in their homes and wait for others to cool off. It takes, what a whole minute?

[polmaven]

61. While she was doing the yelling,

I was IN my house, It was a beautiful day, and it should not be up to me to have to close my windows because she was drunk - again - and making a racket! It is called "disturbing the peace" for a reason.

Children playing are not usually screaming epithets and racial slurs. If they were, then yes...I would call the police. I also seem to believe that it is up to the parents of the children to keep that in line.

I also called the police on this couple about a week and a half before Labor Day, at 2:30 a.m. when, with their 11 yr. old and 9 yr old in the next rooms, and me in the NEXT HOUSE, trying hard to sleep, because 5:30 comes quickly, he was screaming at her calling her a fucking c**t!

In a week and a half, the 2 words I find most offensive in the English language, c**t and ni**er, were unavoidable to my ears because of them.


Damn right I called the police.

[sandnsea]

62. Oooh, she was DRUNK

You know, I almost added that in my post but I thought I'd give you the benefit of the doubt.

Surely you wouldn't compare a black Harvard professor to a drunk - but you did.

[polmaven]

63. Disturbing the peace is

disturbing the peace...drunk or not. The point of my post is to point out that yes, disturbing the peace IN THE DAYTIME is a crime. I did not COMPARE a black Harvard professor to a drunk,and I think you know that very well, because I am giving you the benefit of the doubt that you are not stupid.

[sandnsea]

64. Public intoxication is completely different

and it's really sick that you would compare that to a man yelling that his rights had been violated. How did you possibly come to the conclusion that they're the same thing?

[polmaven]

73. I think you need

some reading comprehension courses.

I did not call the police BECAUSE she was drunk....I called the police because she was yelling and causing a disturbance.

I'll try to use smaller words for you, about the POINT of my post.

She was at her own home. She made a lot of noise. The cops took her due to the NOISE, not because she was drunk.

The post I first answered said yelling during the day is not a crime. Well, yes. it is. Drunk or not, she would have been arrested.

We were not there. We do not know what words he may have used, we do not know how loud he was. He was arrested because he was disturbing the peace.

I think it is really sick that you accuse anyone who does not agree with you of being a racist.

There...I tried to use as many one syllable words as possible, but there are some 2 and even 3 syllable words there. Try really hard, OK?

By the way, I really do hope that you never run across someone trying to break into a home and go and HELP.

[aquamarina]

8. Ding, ding, ding - we have a winner

[T Wolf]

9. Correction - for the p's to arrest you, they SHOULD HAVE TO REALISTICALLY suspect you...

The reality is that they can do whatever they want, whenever they want, with virtually no concern for the legality OR morality of what they are doing.

That is what "disorderly conduct" means in the operational sense. Whatever the pig defines it as is what it is. Totally at the discretion of the cretin with the gun.

[stevenleser]

23. While you are correct in one sense...

I am confining my OP and statements to what is LEGAL. The 4th and 14th amendmends clearly prohibit what has happened here.

[uponit7771]

11. THANK YOU!! Everyone should know their rights, police can NOT arrest you cause you pissed them off!!

[Bluerthanblue]

16. well, actually they "can"- and if they

have tazers/weapons and try to, you'd be much safer to go along as peacefully as possible. Whether they can charge you with anything and have it stick, is questionable.

The police conference this afternoon said that Crowley decided to 'drop the charges'. I'm inclined to believe that there isn't a prosecutor who'd begin to attempt to bring any formal charges against Prof. Gates.

Contempt of Cop may not be on the books, but that doesn't stop them from using it to incarcerate people frequently

The blue wall can be an ugly one.

[jesus_of_suburbia]

18. Rec! I don't care if Gates was an asshole.. that's not a reason to arrest.

I'm not saying he was an asshole (I don't know).. I'm just saying that IF he was, it's not a reason to arrest him (most cops are assholes ALL the time - should we arrest them?).

The police love to abuse their power.

Until I see that Gates did something he should be arrested for, I'll side with him (Gates).


I'd support ANYONE, whether they are black, latino, female, male, white, gay, straight, adult, or child (etc.....).



We cannot be a police state!

[jesus_of_suburbia]

19. By the way, stevenleser, your post is all that needs to be said!

[FrenchieCat]

20. But, but, but.....what about if the "suspect" is using the wrong tone???

OK.

I just want all three of them to piss on a line up of WH Reporters
on the White House Lawn after they drink a beer!

[BlooInBloo]

28. Or you could be a little old tumultuous black man in his own home. Either way.

[jesus_of_suburbia]

33. Bloo... it's not even THAT! He didn't commit a crime.. his race doesn't matter

Yes, I know that blacks are the biggest group to be discriminated against (followed by Latinos (here) and gays (here) etc......


That's not the issue. FUCKING NOBODY SHOULD BE ARRESTED ON THEIR OWN PROPERTY WHEN THEY DIDN'T COMMIT A CRIME!


Law Enforcement has WAY TOO MUCH POWER.


I can't wait for this to come out.


(I TOTALLY FUCKING AGREE WITH YOU, BLOO!.... I'm just saying that this issue goes beyond race... it's a problem with the police thinking they can do ANYTHING to us!)

[BlooInBloo]

34. ooooh! You're "hey zeus", not "jeece us"! lol! I love shit like that.

[jesus_of_suburbia]

41. Not only that.. I've got teh gay!

and I'm agnostic.

I'd be atheist.. but we can't know there ISN'T a God. She might be watching us now, and I know she's mad at the way the police behave!

[BlooInBloo]

51. lolz

[Better Believe It]

35. Disorderly conduct is called a crime and is a tool of convenience if the cops want to arrest you

[spin]

39. Exactly. You might get off in court...

but the cop ruined your night and possibly several of your days.

The solution is simple. Don't give them an excuse to bust your ass. If they do so and you have given them no reason to arrest you, then complain and possibly contact an attorney and sue.

Don't weaken your case by mouthing off with witnesses around. Your object is to look like a totally innocent victim.

[mkultra]

53. which isnt applicable when your in your own home.

[moondust]

36. Sounds like an ego clash to me.

Professional cops should never allow themselves to get caught up in an ego clash.

[spin]

40. Not all cops are professional...

and even the truly professional cops are not professional all the time.

Would you do that job for the amount of money you legally get paid?

I wouldn't.

(I know a lot of retired police officers. I've heard them say that the current crop are a bunch of animals.)

[moondust]

43. Is anybody always "professional"?

The difference is that cops carry deadly, normally overwhelming force. Anybody in that position needs total self-control. I'm sure that's part of their training but some no doubt need more than others.

[kestrel91316]

44. Gates was seen and heard to be committing the crime of TWB.

Talking While Black. The fact that he was talking loudly did not help, even considering that he had every right to do so according to our obviously faulty worldview.

They probably hoped to charge him with BAUN, also (Being An Uppity N----r).

[old mark]

45. Well, no, not really - they can arrest you for any thing they like -

eventually you will be released, but they can take you into custody in handcuffs and put you into a cell for hours without ever charging you with anything.

You are confusing theory with reality.


mark

[Jeff In Milwaukee]

49. Two weapons the cops have....

Disorderly Conduct and Obstruction of Justice. In nearly every state, the statutes are written so broadly as to allow an officer almost unlimited latitude in making an arrest. In most cases, the suspects are released and the charges are dropped.

It's a way for a cop to say, "You give me shit, I give you six hours in the hole with the crackheads and car thieves."

[stevenleser]

50. No, I am not. You are confusing legal with illegal.

The police cannot legally arrest you unless they have re&son to believe you have committed a crime, or of course, they have a warrant for your arrest. If we open the discussion of what can be done to the extra-legal, then there is no limit to what anyone can do.

[old mark]

79. If you spend the weekend in some city lockup waiting for your

illegal charges to be dismissed believe me you may well have the worst time of your life. It is legal to hold someone for hours even without charges being filed, as long as there is paperwork on that person, which can be lost or delayed - such as on a weekend, holiday, etc. I have heard of peopelk being moved from one jail to another several times over a weekend to keep their lawyers from getting there to have them released. I worked in a county prison for a while as a social work student, and have seen it happen. My wife, also a social worker, knows former clients who were kept "in transit" for 3 or 4 days for no other reason than they pissed someone off and they were poor.
Legal, certainly not. Reality? You bet.EVERY DAY!

mark

[berniebern]

69. Crowley says he suspected Gates committed disorderly conduct

"Conviction for Disorderly conduct in MA can be punishable by imprisonment for up to 6 months."

http://www.masscriminaldefense.com/disorderly.htm

[Life Long Dem]

70. Or witnessed a crime.

[Life Long Dem]

71. The cop messed up when he illegally entered Gate's home.

Because of this illegal entrance nothing would hold up in court. But if they try to keep the arrest separate from the house encounter. And why he headed out with Gate's, to make the arrest and keep the illegal entrance separate. That's checkmate. When he entered, and knew he made a mistake, ask why he entered in the first place? Was it because Gate's was black?

[Life Long Dem]

72. Okay where's my lawyer fee?

Actually no lawyer license (so scratch that) and maybe a fee is a better calibrated word. :rofl:

[cboy4]

74. And sadly, they don't give a rat's ass about it.

As we saw.

[SWr]

75. not true at all

You can be arrested for other violations not considered crimal.

You have expired tags, registration, and have received a previous warning for either of these on your record.

Expired, suspended license etc.

[stevenleser]

76. And when that happens, a bench warrant is issued for your arrest

that is not what we have here.

[cboy4]

80. Actually, you cannot be arrested for violations not considered criminal.

Expired tags and registration are infractions. So the cop could write you a ticket and have your car towed if he/she particularly felt like being a hard ass.

Driving on a suspended license is a misdemeanor, and obviously a crime, and so you can be arrested theoretically .. or simply cited and released, depending on your history.

So yes, you have to have committed a crime to be arrested .. either a misdemeanor or a felony.

[CannabisRex]

77. Violence a requisite for DC

Disorderly conduct is a breach of the peace. In order to have a breach of the peace there MUST be either actual or immanent VIOLENCE involved.Gates was NOT arrested for making noise; there was ZERO evidence that any neighbors were being affected, and he was NOT arrested for any noise ordinance.

The DC charge is supposed to give the cops a tool to prevent a violent confrontation from erupting . If someone is taunting and challenging someone else to fight ( violent retaliation) with words THAT could be said to be DC. But in the abscence of violence or immanent violence there is NO disorderly conduct. Period.

It is an ESSENTIAL ELEMENT of DC...violence must be a factor, and that does not exist here. THAT is why the charges were dropped. No DA was going to stand like a fool in court while Gates attorney asked:" Officer, please tell us what violence you sensed that made you arrest the Professor?". If there was no immediate need to step in and prevent a crime, then there is no DC.

What to do if a cop arrests you for these phony charges and they get dropped? If you can afford it, have an attorney file a USC 18: 1943 civil rights lawsuit in Federal Court, and if you cannot then learn PRO SE filing and for a small fee you can file it yourself . This will send not only fear but a notice to all the other cops that some citizens will not settle for a dropped charge.

It is NOT necessary to have an airtight case, and often the police dept. will NOT pay for allegations of this type conduct, and that means the cop faces the fear of losing all he has. THAT gets their attention. They might well settle to avoid the publicity and to avoid facing a judge with no humor for civil rights violations as well as avoiding possible financial ruin.

Every time a cop detains you illegally he has violated your Constitutional Rights, and should be made to pay in one way or another. Always file complaints with the department as well as local political entities, and write letters to the papers as well. Exposure is to a cop what it is to a cockroach; they hate the light of truth, and they hate the thought of a fair hearing for an accused.

Gates was WELL within his rights to object, even loudly, in and around his own home. There was NO evidence that his voice was ' disturbing the peace', so that excuse is gone. No, this is all about some cop with a huge ego refusing to be' disrespected' by some black guy and so the cop used the law wrongly and illegally.

If these charges had a chance in a million of sticking they would have left it intact to protect the cop. But no attorney, or judge, would swallow a DC case where there was no violence either actual or immanent. End of story. Cop wrong, Gates right.