I'd like someone to clarify something for me re the Gates matter.

[IntravenousDemilo]

Since when is one's front porch not considered part of one's dwelling? Surely there is some line of demarcation between the edge of one's front porch and the front yard. I'd have thought that an extension to one's house, which is what a front porch is, would be distinct from the landscaping.

And doesn't one's "home" actually include the yard if, say, there is a fence as well as a gate one has to open before proceeding into it? (Not that I am aware one way or the other whether Prof Gates's property is fenced in.)

[MercutioATC]

1. Yes, it it...but actions on a porch or in a yard are "in public"

in that they are done in full view of the public.

You're free to walk around your house naked. Although your porch is part of "your house", you're not free to lounge around naked on your porch.

[sandnsea]

6. He wasn't naked, he yelled

So what.

[MercutioATC]

8. He was causing a disturbance in public.

That's "disorderly conduct".

You may not agree with the law, but he did violate it.

[sandnsea]

10. Being noisy is not disorderly conduct

You are allowed to be noisy on your property during the day.

[redqueen]

12. If he violated the law, why was he released? (nt)

[MercutioATC]

13. For the same reason most connected people have charges dropped.

He's a Harvard professor who knows the President. Gates made that clear to Crowley.

[redqueen]

14. You think he was released because he had connections?

I disagree. I think this is far more likely the reason:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=6137980&mesg_id=6139322

[MercutioATC]

15. Thousands of people have been charged (and convicted) for exactly what Gates did.

Considering that Gates had already bragged about his connections, that seems the likely reason to me.

[Mugu]

17. I would guess that once everybody had a moment to calm down

and consider the situation it was decided that further escalation wouldn't serve justice.

This appears to simply be a situation where a couple of fellows bumped heads and the adrenalin and testosterone started flowing. For the few moments of the confrontation neither was willing/able to back down and things got out of hand. If somebody had been able to get between them for just a few moments to break the flow and give each a moment to reflect I don't think that we would be having this discussion.

Most of us have seen this with guys before. In a moment of excitement they start swinging at each other and an hour later they're drinking a beer laughing about it. However, once the media got into it everybody feels the need to pick a side and point fingers so it continues to escalate.

[IntravenousDemilo]

7. Thanks, I wasn't sure about the distinction.

Your statement raises another question. Given that you're free to walk around your house naked, and given that you can't do so in the yard or on the porch because it is in full view of the public, are you allowed to walk around your house naked if you don't have a front porch but you do have a big window in the front of your house and you leave the curtains open and have all your lights on?

I have this neighbour...

[MercutioATC]

11. It's a gray area. Technically, no.

The standard is if the behavior, whether noise or nudity, effects people outside the residence.

You can listen to loud music in your house...unless it's loud enough to cause a disturbance outside.

[IntravenousDemilo]

18. Thanks.

As for my neighbour, I don't think I'll be lodging a formal complaint about his nudity, because he's totally hot. And I hope nobody else does either. :)

[TwilightGardener]

2. I don't know why people are making a big distinction between indoors

and outdoors, except perhaps because it was an arrest charge of disorderly conduct, which implies a public venue. In other words, the cop felt Gates created a disruption to the public from his porch. But you can yell on your porch and not break the law (I do it every day to call my kids home).

[slackmaster]

3. Anyone can get to a typical front porch even if the doors and windows of a house are locked

That's why.

[sandnsea]

5. That's not when the arrest occurred

It occurred AFTER the cop was shown the Harvard ID & DL and wouldn't give Gates his name AND badge number. Instead of either following Mass law, or just leaving, he arrested Gates. It's insane.

[IntravenousDemilo]

9. I'm so damned Canadian sometimes...

Where I grew up, most porches are enclosed and have glass windows and screens, and (usually lockable) doors, simply because it's so cold most of the year. Open verandas are almost unknown in Saskatchewan because they don't provide the same amount of insulation against the elements, so when we hear "porch", or even "stoop", we generally picture a big, enclosed sunroom or anteroom stuck on the front of the house.

[sandnsea]

4. Since when is yelling illegal

I don't understand how anybody could justify this arrest.

[rucky]

16. Let's check the Vampire rulebook...

Looks like a vampire can hang around on someone's porch, but must be invited into the home.

Hope this helps.