spendius wrote:
Quote:Every subject has a right to be secure from unreasonable searches and seizures of his person, his houses, his papers, and all his possessions.”
Meaningless until "unreasonable" is defined.
Lol Spendy. Don't be so lazy:
http://legal-dictionary.thefreedictionary.com/Fourth+Amendment
In short, a police officer's suspicion is insufficient for purposes of search and seizure... and that was actually decided in Mass in 1761 (coincidentally, Adams was present for that too). He requires probable cause, must be able to articulate the reasons for his probable cause, and Identify what he's looking for BEFORE he obtains a search warrant to search and/or seize. In an emergency, he can forgo the warrant but only if a reasonable person in his position would believe his probable cause would be sufficient to obtain a warrant. In this case, he had proof no crime had even been committed before seizing first Gates' ID, then his person.
Gates would have been well within his rights to simply say, Get the **** off my property, and don't come back without a warrant", and every cool-headed cop not willing to jeopardize his position by overstepping his boundaries would have complied... however much they detested the rude behavior.
Shorter still: Reasonable in this context means: Have a warrant or have probable cause, or violate a citizen’s constitutional rights.
hawkeye10 wrote:
Quote:The D.A. had no case against Gates and attempted prosecution would have only served to increase the damages Gates could seek in his slam dunk case against the city. That's why it was dropped like a hot potato, with apologies no less.
Really? Please document your claim. The reports that I have seen only state the the arrest was not pursued, there is no word on who it was that ended the process, it could have been a police supervisor or it could have been the DA. There is also no report of any apology. You are making facts up again aren't you.....
No it couldn’t, moron. Cops don't press charges; prosecutors do. Hence, once written, it wouldn't be a cop who drops them. You are as ignorant as your positions are disgusting.
The Mayor acting in her official capacity said ,"I am very pleased that the charges of disorderly conduct levied against Harvard University Professor Henry Louis Gates Jr. have been dropped. The City of Cambridge, the Cambridge Police Department, and Professor Gates have released a joint statement that acknowledges “….the incident of July 16, 2009 was
regrettable and unfortunate.” Why would a mayor or police department regret a righteous bust, let alone publicly state as much? That reads like an apology in my book… and the result remains the same.
Source