Obama '08?

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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.

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.

Is your porch a public place when it is clearly located on your property? Do you really think you can convince a jury of 12 citizens that it is a public place? If it is NOT a public place then the arrest was not valid under the statute.

You need to learn how to discern what is right or wrong even in situations where cops get involved. You do remember Rodney King, don't you?

So let me get this straight.

If I stand on my porch, wearing full Nazi regalia, flying a flag with a swastika on it, yelling at the top of my lungs about how the Nazi's were right and that everybody I considered "inferior" should be killed, you say thats OK.

And that I would not be guilty of any crime, no matter what happened, as long as I stayed on my porch?

Quote:

Is your porch a public place when it is clearly located on your property? Do you really think you can convince a jury of 12 citizens that it is a public place? If it is NOT a public place then the arrest was not valid under the statute.

So let me get this straight.

If I stand on my porch, wearing full Nazi regalia, flying a flag with a swastika on it, yelling at the top of my lungs about how the Nazi's were right and that everybody I considered "inferior" should be killed, you say thats OK.

And that I would not be guilty of any crime, no matter what happened, as long as I stayed on my porch?

If an individual voluntarily consents (agrees to) a search, no warrant is needed. The key question in this kind of search is what counts as a voluntary agreement? In order for a consent search to be legal, the individual must be in control of the area to be searched and cannot have been pressured or tricked into agreeing to the search.

A police officer that spots something in plain view does not need a search warrant to seize the object. In order for a plain view search to be legal, the officer must be in a place he has the right to be in and the object he seizes must be plainly visible in this location.

If a suspect has been legally arrested, the police may search the defendant and the area within the defendant's immediate control. In a search incident to arrest no warrant is necessary as long as a spatial relationship exists between the defendant and the object.

Following an arrest, the police may make a protective sweep search if they reasonably believe that a dangerous accomplice may be hiding in an area near where the defendant was arrested. To do so, police are allowed to walk through a residence and complete a "cursory visual inspection" without a warrant. If evidence of or related to a criminal activity is in plain view during the search, the evidence may be legally seized.

If the police stop a car based on probable cause, they can search for objects related to the reason for the stop without obtaining a warrant. During a car search, the police are also allowed to frisk the subject for weapons, even without a warrant if they have reasonable suspicion that the suspects may be involved in illegal activities.
http://www.landmarkcases.org/mapp/when.html

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.

. Cops can only act on criminal acts, not "I thought he was going to kill me."

Cops can only act on criminal acts, not "I thought he was going to kill me.

26% Say Obama Response Good or Excellent on Cambridge Cop Question
Sunday, July 26, 2009

Twenty-six percent (26%) of voters nationwide say President Obama did a good or excellent job answering a press conference question about an incident involving a white Cambridge, Massachusetts policeman and a black Harvard professor. The latest Rasmussen Reports national telephone survey finds that 46% rate the president’s response as poor.

But Americans are evenly divided as to whether or not the question - asked by Lynn Sweet of the Chicago Sun-Times - was appropriate to ask at a presidential press conference. Forty-one percent (41%) say it was appropriate while 43% disagree.

The president was asked about the arrest of a prominent African-America professor at Harvard and the professor's subsequent complaint of racial profiling. While admitting he did not know all the details and acknowledging that the professor was a personal friend, the president said the police acted "stupidly" when they arrested Henry Louis Gates.

Beneath the top line numbers is a huge gap between the way that white and black Americans view the situation.

(Want a free daily e-mail update? If it's in the news, it's in our polls). Rasmussen Reports updates are also available on Twitter.

Seventy-one percent (71%) of African-Americans say the president’s response was good or excellent, a view shared by just 22% of white Americans.

At the other extreme, 53% of white voters gave the president’s response a poor grade. Only five percent (5%) of black Americans offered such a negative response.

African-Americans, by a two-to-one margin, say the question was inappropriate. Whites are fairly evenly divided on the appropriateness of the question.

Seventy-three percent (73%) of African-American voters believe that most blacks receive unfair treatment from the police. Just 21% of white voters share that view (Premium Members can see full demographic crosstabs).

Thirty-two percent (32%) of black voters say that most policemen are racist, but 52% disagree.

Among white voters, just seven percent (7%) believe that most policemen are racist and 71% say they are not.

On a partisan basis, 50% of Democrats say the president’s response was good or excellent. White Democrats are less supportive than black Democrats. The president’s response earned a poor rating from 77% of Republicans and 52% of those not affiliated with either major party.

Liberals, by a two-to-one margin believe that most African-Americans are treated unfairly by the police. A solid plurality of unaffiliateds and a majority of Republicans disagree.

About the only area of common ground is that people of all parties, ideologies and races have been following the news story about Gates and the Cambridge policeman. Overall, 75% say they’re paying attention, including 51% who say they’re following it very closely.

The survey was conducted on Friday and Saturday, following significant efforts by the White House to move beyond this issue. The president called both the police officer and the professor with the suggestion that the three of them share a beer at the White House.

The president’s Wednesday night press conference where he was asked about the Gates incident was intended to help promote his health care reform plan. Opposition has been growing to his plan. On the eve of the press conference, 53% of voters were opposed to the proposal.
http://www.rasmussenreports.com/public_content/politics/obama_administration/july_2009/26_say_obama_response_good_or_excellent_on_cambridge_cop_question

Thirty-two percent (32%) of black voters say that most policemen are racist, but 52% disagree.