Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.

Read for yourselves.




Judge Andrew Napolitano, a Fox News judicial analyst, explained to
Shepard Smith on Monday that under Massachusetts law, Cambridge
Sergeant Jim Crowley did act improperly by arresting historian Henry
Louis Gates.

His argument essentially boils down to the difference between public
and private domain. As Crowley arrested Gates for causing a “public
disturbance,” the action is improper on its face due to the fact that
Gates was in his own home. Additionally, Napolitano said, it was
illegal for the police to enter the house to begin with, as the source
of the report did not pass legal muster to constitute probable cause.

Napolitano added that because of the violation of Gates’s
constitutional rights, he would be eligible to pursue legal action
against the police department.

In his police report, arresting officer Sergeant James Crowley wrote
that woman who reported the suspected break-in “went on to tell me
that she observed what appeared to be two black males with backpacks
on the porch of Ware Street.”

Attorney Wendy Murphy, who represents the 911 caller Lucia Whalen,
said her client never spoke with arresting officer Sgt. James Crowley
at the scene.

“Whalen’s lawyer [...] said yesterday her client’s only contact with
Crowley was fleeting, with Whalen saying ‘Excuse me, I’m the one who
called,’ and the Cambridge cop replying, ‘Stay right there,’” reported
The Boston Herald.

“I want to know that, in light of the fact that Mr. Gates 4th
Amendment rights have been violated, will [the media] rush to his
defense? Will they demand that the Cambridge Police apologize?” asked
blogger George Cook at Lets Talk Honestly.

“Will those same talking heads question the fact that the words black
and backpack appear in Sgt. Crowley’s police report although the 911
caller never mentions those words in her call?”

He concludes: “We all believe we know the answers to those questions.
Let’s hope we are wrong.”

jps wrote:
Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.

Read for yourselves.




Judge Andrew Napolitano, a Fox News judicial analyst, explained to
Shepard Smith on Monday that under Massachusetts law, Cambridge
Sergeant Jim Crowley did act improperly by arresting historian Henry
Louis Gates.

His argument essentially boils down to the difference between public
and private domain. As Crowley arrested Gates for causing a “public
disturbance,” the action is improper on its face due to the fact that
Gates was in his own home. Additionally, Napolitano said, it was
illegal for the police to enter the house to begin with, as the source
of the report did not pass legal muster to constitute probable cause.

Napolitano added that because of the violation of Gates’s
constitutional rights, he would be eligible to pursue legal action
against the police department.

In his police report, arresting officer Sergeant James Crowley wrote
that woman who reported the suspected break-in “went on to tell me
that she observed what appeared to be two black males with backpacks
on the porch of Ware Street.”

Attorney Wendy Murphy, who represents the 911 caller Lucia Whalen,
said her client never spoke with arresting officer Sgt. James Crowley
at the scene.

“Whalen’s lawyer [...] said yesterday her client’s only contact with
Crowley was fleeting, with Whalen saying ‘Excuse me, I’m the one who
called,’ and the Cambridge cop replying, ‘Stay right there,’” reported
The Boston Herald.

“I want to know that, in light of the fact that Mr. Gates 4th
Amendment rights have been violated, will [the media] rush to his
defense? Will they demand that the Cambridge Police apologize?” asked
blogger George Cook at Lets Talk Honestly.

“Will those same talking heads question the fact that the words black
and backpack appear in Sgt. Crowley’s police report although the 911
caller never mentions those words in her call?”

He concludes: “We all believe we know the answers to those questions.
Let’s hope we are wrong.”


Cops lie all the time in order to cover their backsides and the
backsides of other cops.


--
Whatever moral rules you have proposed, abide by them as they were laws,
and as if you would be guilty of impiety by violating any of them,
*unless* you are a conservative Republican office holder or minister. If
that is your position in life, then anything goes.

On Wed, 29 Jul 2009 12:41:30 -0400, wrote:

On Wed, 29 Jul 2009 02:00:17 -0700, jps wrote:


Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.


If you screw with the cops and won't stop, you get arrested no matter
who you are. That is simply true, fair or not.

I do not see any racial component here at all beyond Gates' racist
comments. White guys get arrested for this every day.

The only thing I would have suggested to Crowley is he should have
continued to walk away from this rant and waited until Gates got to
the street to arrest him. I am sure it would have happened anyway,

Perhaps so, but he didn't. He should never have engaged Gates in the
way he did. Lost his cool and didn't recover.

People screw with the cops all the time. The cops rarely react in the
way Crowley did. They're taught to calm things, not incite them.

wrote:
On Wed, 29 Jul 2009 02:00:17 -0700, jps wrote:

Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.


If you screw with the cops and won't stop, you get arrested no matter
who you are. That is simply true, fair or not.

Yeah, slightly built (150 pounds) nearly 60-year old professors who walk
with the aid of a cane...they're notorious for "screwing with the cops."

As soon as the cop realized he was dealing with the resident and no
crime was taking place, he should have said, "Sorry...we got a report of
a breaking and entering...have a nice day."

At that point Gates might have said, "Thanks for doing your job...you, too."

If you are unarmed, non-threatening and within your rights, there's no
reason to take any crap from any super-officious or obnoxious guys in
uniform, not in this country.





--
Whatever moral rules you have proposed, abide by them as they were laws,
and as if you would be guilty of impiety by violating any of them,
*unless* you are a conservative Republican office holder or minister. If
that is your position in life, then anything goes.

On Wed, 29 Jul 2009 12:41:30 -0400, wrote:

On Wed, 29 Jul 2009 02:00:17 -0700, jps wrote:


Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.


If you screw with the cops and won't stop, you get arrested no matter
who you are. That is simply true, fair or not.

I do not see any racial component here at all beyond Gates' racist
comments. White guys get arrested for this every day.

The only thing I would have suggested to Crowley is he should have
continued to walk away from this rant and waited until Gates got to
the street to arrest him. I am sure it would have happened anyway,

BTW, it wasn't Gates' obligation to act professionally. It certainly
was Crowley's. That Gates wasn't civil is dissappointing. The
incident clearly pushed a button and Crowley allowed it to get out of
hand.

jps wrote:
On Wed, 29 Jul 2009 12:41:30 -0400, wrote:

On Wed, 29 Jul 2009 02:00:17 -0700, jps wrote:

Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.

If you screw with the cops and won't stop, you get arrested no matter
who you are. That is simply true, fair or not.

I do not see any racial component here at all beyond Gates' racist
comments. White guys get arrested for this every day.

The only thing I would have suggested to Crowley is he should have
continued to walk away from this rant and waited until Gates got to
the street to arrest him. I am sure it would have happened anyway,

BTW, it wasn't Gates' obligation to act professionally. It certainly
was Crowley's. That Gates wasn't civil is dissappointing. The
incident clearly pushed a button and Crowley allowed it to get out of
hand.


Out here in the sticks, the cops seem perfectly well-behaved when
dealing with unarmed, non-threatening citizens, even when you fool
around with them. They all seem to have a sense of humor, and,
hopefully, are unflappable. I suspect if they were dispatched to a house
to check out a burglary, and encountered the resident, they'd go on
their way without instigating an incident.



--
Whatever moral rules you have proposed, abide by them as they were laws,
and as if you would be guilty of impiety by violating any of them,
*unless* you are a conservative Republican office holder or minister. If
that is your position in life, then anything goes.

On Wed, 29 Jul 2009 13:15:41 -0400, Gene Kearns
wrote:

On Wed, 29 Jul 2009 02:00:17 -0700, jps penned the following well
considered thoughts to the readers of rec.boats:


I doubt that this is any more accurate than FOX's usual reporting.

I also believe that, in the future, should anybody notice any
suspicious characters around Gates' house doing... whatever... there
is about a .0004% chance that anybody will involve themselves in
another one of his highly publicized hissy fits.

Just desserts.

Why couldn't he just show a picture ID with an address and thank the
cops for doing their job... protecting his property?

I didn't realize you were there... So sorry.

H the K wrote:
jps wrote:
On Wed, 29 Jul 2009 12:41:30 -0400, wrote:

On Wed, 29 Jul 2009 02:00:17 -0700, jps wrote:

Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.
If you screw with the cops and won't stop, you get arrested no matter
who you are. That is simply true, fair or not.

I do not see any racial component here at all beyond Gates' racist
comments. White guys get arrested for this every day.

The only thing I would have suggested to Crowley is he should have
continued to walk away from this rant and waited until Gates got to
the street to arrest him. I am sure it would have happened anyway,

BTW, it wasn't Gates' obligation to act professionally. It certainly
was Crowley's. That Gates wasn't civil is dissappointing. The
incident clearly pushed a button and Crowley allowed it to get out of
hand.


Out here in the sticks, the cops seem perfectly well-behaved when
dealing with unarmed, non-threatening citizens, even when you fool
around with them. They all seem to have a sense of humor, and,
hopefully, are unflappable. I suspect if they were dispatched to a house
to check out a burglary, and encountered the resident, they'd go on
their way without instigating an incident.



If they know the resident. As I understand Gates was rent the house
that belonged to the college. Therefore was not the know occupant of
the house.

Sgt Crowley reacted exactly as he should have, and does not have to
apologize for his actions. If Gates had acted like a human, and thanked
Sgt Crowley for protecting his property this would not have made the news.

Also obama would not have been exposed as a racist he is for assuming
that since the policeman was white, that he was harassing the poor black
individual.

On Wed, 29 Jul 2009 14:02:52 -0400, Keith Nuttle
wrote:

H the K wrote:
jps wrote:
On Wed, 29 Jul 2009 12:41:30 -0400, wrote:

On Wed, 29 Jul 2009 02:00:17 -0700, jps wrote:

Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.
If you screw with the cops and won't stop, you get arrested no matter
who you are. That is simply true, fair or not.

I do not see any racial component here at all beyond Gates' racist
comments. White guys get arrested for this every day.

The only thing I would have suggested to Crowley is he should have
continued to walk away from this rant and waited until Gates got to
the street to arrest him. I am sure it would have happened anyway,

BTW, it wasn't Gates' obligation to act professionally. It certainly
was Crowley's. That Gates wasn't civil is dissappointing. The
incident clearly pushed a button and Crowley allowed it to get out of
hand.


Out here in the sticks, the cops seem perfectly well-behaved when
dealing with unarmed, non-threatening citizens, even when you fool
around with them. They all seem to have a sense of humor, and,
hopefully, are unflappable. I suspect if they were dispatched to a house
to check out a burglary, and encountered the resident, they'd go on
their way without instigating an incident.



If they know the resident. As I understand Gates was rent the house
that belonged to the college. Therefore was not the know occupant of
the house.

Sgt Crowley reacted exactly as he should have, and does not have to
apologize for his actions. If Gates had acted like a human, and thanked
Sgt Crowley for protecting his property this would not have made the news.

Also obama would not have been exposed as a racist he is for assuming
that since the policeman was white, that he was harassing the poor black
individual.

Glenn, is that you?

Keith Nuttle wrote:
H the K wrote:
jps wrote:
On Wed, 29 Jul 2009 12:41:30 -0400, wrote:

On Wed, 29 Jul 2009 02:00:17 -0700, jps wrote:

Turns out the law says you can't arrest someone for making a public
disturbance in his own home... That means Gates shouldn't have been
arrested no matter how ****y or derogatory the statements he made to
the police officer. Nor, should the police have entered the house at
all without probable cause, which was not established.
If you screw with the cops and won't stop, you get arrested no matter
who you are. That is simply true, fair or not.

I do not see any racial component here at all beyond Gates' racist
comments. White guys get arrested for this every day.

The only thing I would have suggested to Crowley is he should have
continued to walk away from this rant and waited until Gates got to
the street to arrest him. I am sure it would have happened anyway,

BTW, it wasn't Gates' obligation to act professionally. It certainly
was Crowley's. That Gates wasn't civil is dissappointing. The
incident clearly pushed a button and Crowley allowed it to get out of
hand.


Out here in the sticks, the cops seem perfectly well-behaved when
dealing with unarmed, non-threatening citizens, even when you fool
around with them. They all seem to have a sense of humor, and,
hopefully, are unflappable. I suspect if they were dispatched to a
house to check out a burglary, and encountered the resident, they'd go
on their way without instigating an incident.



If they know the resident. As I understand Gates was rent the house
that belonged to the college. Therefore was not the know occupant of
the house.

Sgt Crowley reacted exactly as he should have, and does not have to
apologize for his actions. If Gates had acted like a human, and thanked
Sgt Crowley for protecting his property this would not have made the news.

Also obama would not have been exposed as a racist he is for assuming
that since the policeman was white, that he was harassing the poor black
individual.


It's always nice to have the frightened white man's perspective. Since
none of us know exactly what happened, you are speculating, just as just
about everyone else is.

From what I have read and observed over the years, I have concluded
that taking the side of the police in anything "controversial" regarding
racial matters is probably siding with the wrong side. If only the
police had been "honest" in the O.J. case, he probably would not have
gotten away with murder, eh? If the cops involved in murdering Amadou
Diallo hadn't lied for each other, one of them at least might have
served some time.


People of color have every reason to be suspicious of cops.