cicerone imposter
 
  1  
Sun 26 Jul, 2009 05:54 pm
@hawkeye10,
If I'm clueless, it only means you know very little of our country's laws.

No cop or president has a right to trample the Constitution.
0 Replies
 
hawkeye10
 
  1  
Sun 26 Jul, 2009 06:00 pm
@Diest TKO,
Quote:
What would have happened if the officers had attempted to leave?


nobody knows, but the cops should only have elected to make the arrest instead of continuing the attempt to leave if they felt that they could have put themselves into physical danger by continuing to try to leave. If it were to become clear that the cops did not precieve risk at continuing the attempt to leave without ending the confrontation first then I would need to change my position and agree with you that this was an abuse of police power.

The police were already attempting to leave, and Gates was not being cooperative in letting them leave. The situation at that point had become so charged that predicting future actions by gates and the crowd was dicey. I have no problems with cops erring on the side of staying safe in that situation.
cicerone imposter
 
  1  
Sun 26 Jul, 2009 06:05 pm
@hawkeye10,
Where are you getting all these threats to the cops from? Show us evidence from the police report that they were in danger of any kind.

You do know about the 5th Amendment to the Constitution don't you?
Quote:
Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


hawkeye10
 
  1  
Sun 26 Jul, 2009 06:10 pm
@cicerone imposter,
cops are citizens too, they did not forfeit their constitutional right to attempt to look out for their well being when they signed up to work for you and the rest of us.
0 Replies
 
maporsche
 
  1  
Sun 26 Jul, 2009 06:14 pm
Are driving licenses considered documents that are protected by the 4th amendment? Can't a officer sieze someone's DL? Isn't it a different class of document than others.
hawkeye10
 
  1  
Sun 26 Jul, 2009 06:21 pm
@maporsche,
drivers Licenses always belong to the state that issued them, you never have ownership and thus control of them. A university id belongs to the university. You have possession up until the time that a controlling legal authority removes these cards from your possession.
0 Replies
 
Diest TKO
 
  1  
Sun 26 Jul, 2009 06:29 pm
@hawkeye10,
hawkeye10 wrote:

Quote:
What would have happened if the officers had attempted to leave?


nobody knows, but the cops should only have elected to make the arrest instead of continuing the attempt to leave if they felt that they could have put themselves into physical danger by continuing to try to leave. If it were to become clear that the cops did not precieve risk at continuing the attempt to leave without ending the confrontation first then I would need to change my position and agree with you that this was an abuse of police power.

How would leaving put them in more danger than staying? You're being illogical.

You're talking yourself in circles here. If the police feared a riot because having conflict with Gates might flare up tension, then furthering that conflict would only serve to put them in MORE danger, not less. It makes no sense that the would be in more danger by leaving.

hawkeye10 wrote:

The police were already attempting to leave, and Gates was not being cooperative in letting them leave. The situation at that point had become so charged that predicting future actions by gates and the crowd was dicey. I have no problems with cops erring on the side of staying safe in that situation.

This is a blatant lie. How was Gates preventing them from leaving?

T
K
O
OCCOM BILL
 
  1  
Sun 26 Jul, 2009 06:38 pm
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
OCCOM BILL
 
  1  
Sun 26 Jul, 2009 06:42 pm
@hawkeye10,
hawkeye10 wrote:

Quote:
What would have happened if the officers had attempted to leave?


nobody knows, but the cops should only have elected to make the arrest instead of continuing the attempt to leave if they felt that they could have put themselves into physical danger by continuing to try to leave. If it were to become clear that the cops did not precieve risk at continuing the attempt to leave without ending the confrontation first then I would need to change my position and agree with you that this was an abuse of police power.

The police were already attempting to leave, and Gates was not being cooperative in letting them leave. The situation at that point had become so charged that predicting future actions by gates and the crowd was dicey. I have no problems with cops erring on the side of staying safe in that situation.
Shocked Read the ******* report you linked, moron. The cop in question INVITED Gates outside, AFTER he showed ID. How the **** was Gates hindering them from leaving? Time to change your position I guess. The report also makes no mention of the cop ever perceiving risk. Drunk
OCCOM BILL
 
  1  
Sun 26 Jul, 2009 06:44 pm
@maporsche,
maporsche wrote:

Are driving licenses considered documents that are protected by the 4th amendment? Can't a officer sieze someone's DL? Isn't it a different class of document than others.
They are, and they can, provided they have probable cause. Exactly as they would have been required to have here... and didn't.
0 Replies
 
hawkeye10
 
  1  
Sun 26 Jul, 2009 06:47 pm
@Diest TKO,
Quote:
You're talking yourself in circles here. If the police feared a riot because having conflict with Gates might flare up tension, then furthering that conflict would only serve to put them in MORE danger, not less. It makes no sense that the would be in more danger by leaving.


They could get into their cars, have them blockaded by bodies, then have the cars turned over and set on fire......as one example. By getting into their cars they lose most of their ability to defend themselves, so if they believe that they need to defend themselves they should not get into their cars.

Besides, arresting Gates put an end to the situation, attempting to leave and continuing the confrontation were two out of at least three choices, yet you act like they only had two choices.
OCCOM BILL
 
  1  
Sun 26 Jul, 2009 06:48 pm
@hawkeye10,
Laughing
0 Replies
 
maporsche
 
  1  
Sun 26 Jul, 2009 06:58 pm
@maporsche,
maporsche wrote:

I don't think the cop was justified in arresting him...I just don't see his fault as being any greater (or lesser) than Gates.

The cop is a blue collar run of the mill average joe. Gates is a 60 year old Harvard Professor.

Gates was, in my view, trying to incite a response from the officer AND/OR the crowd, there is no other justification for HIS actions (which had begun to occur before the officer had completed his duty). Anger is not justification to insult somebody the way he did to that officer, nor to insult his family. Gates was arrogant ("you don't know who you're messing with!"), disrespectful, and frankly, he behaved is a manner that wouldn't even live up to the expectations of the students he teaches at Harvard. That behavior wouldn't be tolerated in an Alabama grade school, much less one of the Nation's most prestigious universities.

The officer, as has been discussed, abused his power, and probably tried to get a response from Gates as well.

It turned into a pissing contest between a cop who should have known better and a well educated Harvard professor who should have known better.


I do find it interesting that the left-leaning among us view EVERY case where race is involved, on the side of the minority. It's almost like they think minorities can do no wrong, and that EVERYTHING is race related. And conservatives, the opposite. There are few among us who I believe are able to look at things objectively (not claiming that I do).


I'll just repost this as my last comments on this Gates matter.
OCCOM BILL
 
  2  
Sun 26 Jul, 2009 07:08 pm
@maporsche,
While it may well be true that both men made asses of themselves equally; only one of them broke the law. And that wasn't Gates. Yet he was the one humiliated by an arrest, booking, and having his perp pics publicly posted. He's got some dough coming if he wants it, and it would be a walk in the park to get it.
dyslexia
 
  1  
Sun 26 Jul, 2009 07:30 pm
@OCCOM BILL,
o'bill has pretty much summed up the facts.
0 Replies
 
hawkeye10
 
  1  
Sun 26 Jul, 2009 07:49 pm
@OCCOM BILL,
Quote:
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.


when a beat cop makes an arrest either his supervisor or the DA can drop the charges.

Quote:
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.


I with all candor could issue a statement that said “….the incident of July 16, 2009 was regrettable and unfortunate.” , and then nitwit Bill would think that I was apologizing....check. The chief of police was saying that his cop made a good bust, there is not way that this was an admission of wrong doing, it was not contrition.
hawkeye10
 
  1  
Sun 26 Jul, 2009 08:03 pm
@OCCOM BILL,
Quote:
The cop in question INVITED Gates outside, AFTER he showed ID. How the **** was Gates hindering them from leaving? Time to change your position I guess.


the invitation to go outside has nothing to do with the subject. Nice how you replace my term "not cooperating" with your word hindering, they don't mean the same thing. If gates wanted the cops to leave then why did he not act like it? why is he trying to keep their attention in a verbal assault? There is no rational explaination for a guy who claims that he is upset that the cops are bothering him to refuse to break off the confrontation when the cops announce that they want to break off and leave. Gates was clearly emotionally unhinged, and If I were a cop I would take no chances with a person who seemed not to be in control of themselves.

Quote:
The report also makes no mention of the cop ever perceiving risk
the police report functions primarily as a record of facts, the motivations for actions don't necessarily get written into the report. The cops motivation gets entered into evidence during the trial phase. How very disingenuous of you to make something out of perceived risk to the officers not being in the report....or more likely you don't know WTF you are talking about.....the nitwit bill norm.
cicerone imposter
 
  1  
Sun 26 Jul, 2009 08:07 pm
@hawkeye10,
What "motivation?" Cops should be not be making decisions on assumptions of what might happen. They'll guess wrong most of the time - especially if the cop had your brain. Cops can only act on criminal acts, not "I thought he was going to kill me."
OCCOM BILL
 
  1  
Sun 26 Jul, 2009 08:20 pm
@hawkeye10,
Shorteyes10 wrote:

Quote:
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.


when a beat cop makes an arrest either his supervisor or the DA can drop the charges.
Wrong again, fool. Once charges are filed, it will ALWAYS be an attorney who chooses whether or not to prosecute. Supervisors, or Mayors for that matter, may only give recommendations. “Beat cops” and their supervisors alike in most cases are profoundly unqualified for such decisions, as only a licensed attorney is qualified to make the call… and very few active cops have passed the bar. These charges were “dropped” 5 days after the incident. I assure you, it wasn’t his supervisor. Stop opining from ignorance.

Shorteyes10 wrote:

Quote:
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.


I with all candor could issue a statement that said “….the incident of July 16, 2009 was regrettable and unfortunate.” , and then nitwit Bill would think that I was apologizing....check. The chief of police was saying that his cop made a good bust, there is not way that this was an admission of wrong doing, it was not contrition.
If you were acting in your official capacity as the Mayor of Cambridge (as opposed to the demented misogynist pervert you are), I would.
0 Replies
 
cicerone imposter
 
  1  
Sun 26 Jul, 2009 09:18 pm
@hawkeye10,
The cops had the choice to stay or leave; nothing Professor Gates could have controlled. You ever try to control one cop? When and where? LOL
0 Replies
 
 

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