@okie,
Why so much nonsense? Anyone with even a rudimentary understanding of the Bill of Rights (see the Fourth Amendment) can see the cop was out of line. It was certainly
reasonable for the cop to ask for his name and whether or not he lived there. Asking for ID is a reasonable
request, but
legally would be an unreasonable
demand. Gates would have been well within his rights to say “**** you... Get the **** off my property, and don’t come back without a warrant.” No probable cause = No right to be there. Hell, even a “Terry Stop” requires that a specific reasonable suspicion be enhanced to probable cause in short order or it must be terminated… and probable cause must be established BEFORE an arrest (or even an intrusive search) can be made. This asshole made his arrest long after the proof eliminated even a possible cause!
Gates may well have been every bit as rude as the police officers wrote in their reports. This doesn’t matter in the least because he most certainly has a right to be rude
in his own home, and that it was his home had been well established. Upon furnishing the ID, the cop reports that rather than just leaving, he called more cops out. Huh? For what? Then he invites the irate man to continue yelling, but only if he continues outside… and shortly thereafter arrests him for yelling outside? If every word of that report is true (bridge for sale!), Gates remains guilty of breaking no laws and the cop remains guilty of overstaying his unwelcome, false arrest, and abuse of power.
The police officer in question had no legitimate reason to remain, let alone call additional cops. He himself created the crowd by doing so and then by inviting Gates outside.
Arresting Gates for exercising his First Amendment rights while his Fourth Amendment rights were being trampled is beyond absurd. It’s been almost half a century since the Supreme Court interpreted the 14th to offer 4th amendment protection in every state… which in this case is irrelevant because this type of illegal seizure has been illegal in Massachusetts for roughly two and a half
centuries.
There can no doubt that Mr. Gates’ Rights were violated and little as to why.
Calling the police stupid in this case is extremely generous. In my country, the constitution provides me with freedom of speech and the right to due process which in turn protects me from unreasonable searches and seizures. That same constitution
should provide those same rights for Mr. Gates, equally. Maybe someday, but not today.
Police Report's here if anyone missed them."
