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Default Fox Legal Analyst Say Gates Was Improperly Arrested


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.”
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Default Fox Legal Analyst Say Gates Was Improperly Arrested

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.
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Default Fox Legal Analyst Say Gates Was Improperly Arrested


"H the K" wrote in message
...
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.


Only the ones in police unions.

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Default Fox Legal Analyst Say Gates Was Improperly Arrested

Lu Powell wrote:

"H the K" wrote in message
...
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.


Only the ones in police unions.


Harry talking about how other people lie.....now THAT'S funny!!!!
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Default Fox Legal Analyst Say Gates Was Improperly Arrested


"jps" wrote in message
...
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.


Napolitano is wrong about not being able to arrest someone for making a
public disturbance on their own property. Arrests are made for that every
weekend. You having a wild party at your house, you can be arrested. And
the arrest will stick. You have sex on your front lawn. You think you can
not be arrested?


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Default Fox Legal Analyst Say Gates Was Improperly Arrested

Calif Bill wrote:
"jps" wrote in message
...
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.


Napolitano is wrong about not being able to arrest someone for making a
public disturbance on their own property. Arrests are made for that every
weekend. You having a wild party at your house, you can be arrested. And
the arrest will stick. You have sex on your front lawn. You think you can
not be arrested?



Damn. Guess we were lucky.


--
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.
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Default Fox Legal Analyst Say Gates Was Improperly Arrested


"H the K" wrote in message
...
Calif Bill wrote:
"jps" wrote in message
...
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.


Napolitano is wrong about not being able to arrest someone for making a
public disturbance on their own property. Arrests are made for that
every weekend. You having a wild party at your house, you can be
arrested. And the arrest will stick. You have sex on your front lawn.
You think you can not be arrested?


Damn. Guess we were lucky.




Nope, you live in a skanky neighborhood. And since it was just you most
likely, the neighbors ignored the gun nut.


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Default Fox Legal Analyst Say Gates Was Improperly Arrested

Calif Bill wrote:
"jps" wrote in message
...
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.


Napolitano is wrong about not being able to arrest someone for making a
public disturbance on their own property. Arrests are made for that every
weekend. You having a wild party at your house, you can be arrested. And
the arrest will stick. You have sex on your front lawn. You think you can
not be arrested?



"in their own home".
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Default Fox Legal Analyst Say Gates Was Improperly Arrested

NotNow wrote:
Calif Bill wrote:
"jps" wrote in message
...
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.


Napolitano is wrong about not being able to arrest someone for making
a public disturbance on their own property. Arrests are made for that
every weekend. You having a wild party at your house, you can be
arrested. And the arrest will stick. You have sex on your front
lawn. You think you can not be arrested?


"in their own home".


Yeah, but the guy followed the cod into the front yard and that's where
he got busted. Now the cop is supposed to sit for a photo op so these
two can cover their asses with the media? Bull****.

Why sit with someone who has so little respect for you? Sgt. Crowley
should pass on that beer, go back to work and hope the media doesn't
make a "Joe the Plumber" out of him.


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