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Did the Cambridge police act stupidly?
July 23rd, 2009, 5:08 pm · 58 Comments · posted by by Alan Bock, Register editorial writer
President Obama has been criticized for saying that the Cambridge MA police “acted stupidly” in the case of Harvard Prof. Henry Louis Gates, who was arrested for disorderly conduct after jimmying the lock on his own rented house. Maybe it wasn’t appropriate for a president to say so in a press conference, but it looks to me (no, I wasn’t there either) as if the police might have overstepped a bit.
This “Explainer” feature from Slate magazine notes that, yes, in Massachusetts police are required by law to identify themselves and present a badge or ID number if asked. (It’s not required by law in many states, but many police departments have similar procedures.) An officer cannot require you to come out of your house to the front porch without probable cause or placing you under arrest. “Disorderly conduct,” the charge on which Gates was arrested, has been interpreted by courts to be akin to inciting a riot, and the charge was dropped, probably because prosecutors couldn’t have made it stick.
Gates himself was probably not wise to start shouting about racism as his first-reach reaction to the police (assuming that’s true). But such speech is FirstAmendment-protected, and even today many black people are familiar with the offense of “Driving While Black.” What Gates was likely “guilty” of was “contempt of cop,” in practice an offense few people, white or black, would be wise to express no matter how deeply they feel it.
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You forgot to mention the “do you know who I am” statement that Gates made. He might as well have said “I dare you to arrest me”. Professor Gates and President Obama are the ones that “acted stupidly”.
As President, Obama was out of line for delivering a public opinion on this matter. He should have kept his opinion to himself. Speaking out like he did in his position was stupid. Poor judgment.
On the other hand, based on what I read in the police report I feel the cop was out of line for arresting the guy. If a cop can’t take a few insults from an irate citizen he’s in the wrong business. I would understand if the guy took a swing at the cop. But not for mere words. This isn’t Red China. At least it’s not supposed to be.
I am absolutely disgusted with Barack Obama. He should have kept his mouth shut! Why would he comment on something he admits he has very little knowledge of and then make such an inflamatory statement, “acted stupidly”. All he did was encite even more racial division. Nowadays every time a “white” police officer encounters a “black” person they scream racial bias. What if the officer that responded had been black and Henry Gates Jr. had been white? No one would have cared what happened to him because the “whites” deserve it and you can bet Obama wouldn’t have put his two cents in. It’s sad to see the direction this country continues to spiral down, where law enforcement either doesn’t do enough or they’re accused of too much… Yes there are bad apples in every barrel but this was not the case. Let’s ask Henry Gates exactly what disrespectful and profane words he said to the responding officers, or will that be justified because he’s black too? I’m tired of the whining and entitlement people think they deserve when then feel they’ve been “wronged”; DEAL WITH IT!!!
So the cops must be swung at in order to arest someone? Nonsense. They have the right to arrest anyone who is Irrate.
I think that Gates should have been intelligent enough to realize that jimmying the lock, without any warning to anyone, might be deemed suspicious. He should be a bit glad that he lives in a neighborhood where people care enough to call the cops.
The cop should have behaved more professionally. If they can’t handle irate people asking for their name and badge number, then perhaps they lack the right stuff to be cops.
Obama should have kept his trap shut about the entire matter, until it was thoroughly investigated. His comments were unwarranted and did nothing to improve the situation.
All around, everyone acted badly.
when i was youger, i tussled with cops who were doing their jobs. name calling, beligerance, unco-operative. you name it, (short of fighting back physically. i wasnt THAT stupid).
maturity has taught me a better way to behave, and now things go much smoother.
evidently, professor gates hasn’t learned this yet.
You can call cops any name you want, you can give them a hard time, you can tell them they are stupid AND are GED morons-that does not give rise to a crime- or probable cause to arrest.
The bogus “disorderly conduct” accusation leveled here is similar to the infamous “obstruction of justice” charge used for harrassment- both just pretext for harrassment.
I wish it was me the cop arrested on this bogus charge-he would be paying me a few hundred grand in legal fees plus whatever I won at trial for false arrest.
Obama was right-the cops acted stupidly, in fact I would carry it one step further-the cops acted “felony stupid”.
True enough. Gates is still a pompous jerk.
at the very least. LOL
During a legal career spanning some 25 years, including 12 years as a public defender in one of the most crime-ridden counties in the country. I have reviewed many hundreds of police reports, and have defended many cases of alleged disorderly conduct. I have taken the time to review the police report, the applicable law, and some of the case law defining the elements of the offense of Disorderly Conduct in Massachusetts.
It may come as a shock to some people, but there is no absolute right to shout insults at police officers and create public disturbances. The officer was lawfully engaged in investigating a report of a possible burglary. The report sets out events and conduct that clearly falls within the definition of “tumultuous conduct” which is one form of Disorderly Conduct under the law in Massachusetts. The report includes the statements of two officers who serve with different agencies. A number of presumably independent witnesses were present, and the initial report came from a citizen. These factors bolster the credibility of the report.
In my experience, falsified reports are most likely submitted by single officers where there are no witnesses other than the defendant, possibly the defendant’s associates or the alleged victim of an offense. The report is professionally done and in the totality of the circumstances is highly credible.
Based on the available evidence and a review of the law, my professional opinion is that Gates was properly arrested and charged, and would likely have been convicted at trial. For that matter, his conduct also arguably constituted resisting law enforcement. In my jurisdiction, he would almost certainly have been charged with that offense as well.
Obama’s remarks on the incident were misinformed and intemperate. Call them stupid.
The ill-informed opinions of the author of this piece are similarly stupid. Gates was not ordered out of the house, he followed the officer outside and continued to rage after being warned to stop creating a disturbance. The author would have done well to study the police report, the law, and consulted someone familiar with the criminal justice system before spouting a bunch of nonsense. Anyone who thinks the only reason, or even the most likely reason for the dismissal of charges is simply a fool and ignorant of how these things work. It has already been reported that Gates’ supporters were pulling political strings to get the charges dropped, and Harvard bigshots were at the police department “monitoring” events immediately. The prosecutor, a political creature of necessity, obviously saw no political good would come from pursuing the charges.
There are some bad apples in the law enforcement barrel, and I have been glad to deal with them appropriately myself on occasion. There are few things more gratifying to a defense attorney than breaking down a bad case made by a lying cop, not that the opportunity comes around that often. But I call them like I see them, and this isn’t one of those cases. Gates should have been gratified that his neighbors and the Cambridge were trying to protect his property, even his own personal safety as far as his neighbors and the police were aware. He should be ashamed of himself. So should be Obama for his foolish ans intemperate remarks. And so should be the author of this unprofessional tripe.
Your comment helps make sense of this “case”. I don’t think everybody realizes that: “It may come as a shock to some people, but there is no absolute right to shout insults at police officers and create public disturbances.” If the officer instigated and provoked the Professor for no reason then I would be on the side of the Professor, but it really looks like the Professor was just one heck of a jerk.
awesome posting.
more of this.
i want to add: a cop should have reasonable authority to request a citizen in a case such as this to step outside, or go back inside, or just plain shut up.
i’m not a pig lover, but i DO want them to do the job they were paid for, and have reasonable authority over situations on the fly in order to have occurances go smoothly.
if a beligerant citizen is allowed to berate a cop on the street, such as this, before witnesses, then respect for the badge breaks down within society.
and law enforcement IS a tool of that society to ensure public safety.
if you think its OK to behave as Gates did, then why have a police force worthy of respect in the first place?
Gates wasnt just dissing a cop. He was dissing a polite, well policed society as well.
Bock is completely off base on this. The Register’s editorial team’s we-officially-hate-cops attitude is coming to the front again. The cop did nothing wrong (from the information currently available.)
You break into a house, the police show up, you show them your ID! The instant he did not produce his ID he should have been read his rights, arrested, and taken down town. No discussion. This is brain dead simple.
The only racist here is Gates. His reaction clearly indicates that he believes because he is black, very special rules apply to him, by not bowing and scrapping to him the cops are to be punished.
Bock’s comment that ““Disorderly conduct,” the charge on which Gates was arrested, has been interpreted by courts to be akin to inciting a riot, and the charge was dropped, probably because prosecutors couldn’t have made it stick.” is entirely BS. Has been interpreted by some far out loony judge is more like it. Besides, going ballistic on the cops and yelling they are racists is inciting a riot. So he is wrong on both counts. Charges were not pressed because of political clout, the high and mighty get different justice than the rank and file of society. That the charges could not be proven is not even taken into consideration. That we don’t want to take the political heat is the reality. One would think that someone who believes in liberty and equality would stand up for equal justice, but WE HATE COPS take precedence.
First Amendment rights are important, but you can’t stand up and yell fire in a crowded theater, either. If he had produced his ID and made a few snide comments, one expects the cop would have just left, maybe cursing under his breath. If not, then he would have had a case. Most of us have been there, done that, and not gotten pistol whipped. One of the things that make being a cop difficult is just that. Having to put up with the crap from people you are helping.
If a cop hassles you for no good reason, he should be fired. But someone who hassles a cop for investigating a reported burglary should be detained and has a personal problem that requires counseling.
Obama and Gates are both stupid and racist. Answer the cops questions and show ID. If you let a person treat a cop badly and get away with it, they will be worse the next time. Gates was looking for trouble. The cops were protecting themselves from future abuse. At 58, I had to learn some of this the hard way.
Any wonder why Obama’s choice for the S court is also racist?
As in the Busby/Barman arrest in SD, it’s really important to keep in mind that this was Gates’ house. It wasn’t a public place; it was his house. The law and common sense afford the homeowner certain rights with respect to the police.
This was monumentally dumb. If he’s hoping the department will launch some sort of time consuming investigation in order to sweep this under the rug, it isn’t going to happen. Since charges have been dropped (apparently before they were even filed) and it’s now a civil matter, Obama was not out of line commenting on it.
Chris says:
As in the Busby/Barman arrest in SD, it’s really important to keep in mind that this was Gates’ house. It wasn’t a public place; it was his house. The law and common sense afford the homeowner certain rights with respect to the police
================================
It was his home, and even if it was not there was still NO probable cause for an arrest-which is why the charges were DROPPED.
The DA saw the bogus charges and this is what went through his mind;
“Man, are we in big trouble if this guy sues us. We need to stop hiring GED cops with NO common sense. Time to drop the charges and hope Mr. Gates does not file a federal lawsuit on us”.
Gates is a big mouthed racist left winger employed at Harvard. The NEIGHBOR called the cops, suspecting a burglary, and apparently could not identify Gates as forcing his own front door open.
As it turns out the arresting officer TEACHES race and minority interactions for the department. So this is no rouge cop with a chip on his shoulder.
From the reports on the news tonight the arrest was done outside, on the porch with 6-8 witnesses. I think Gates went off on the cop and was lucky he didn’t get tazed and hooked up when he refused to show ID. What a stupid dick, and this guy teaches?
That’s real smart to mouth off to a cop, refuse their lawful order and then scream racist. Then the President backs the guy up in the same breath claiming he doesn’t know the facts. That is stupid as was him pulling the race card.
Some Jack in my home best show ID or I’d wonder why the cop didn’t cuff him or shoot him.
The neighbor must have been a full-blown idiot if she did not recognize Gates as the resident of the property. Doesn’t she know who lives next door for god sakes? And I’m certain there aren’t alot of black folk living in that particular neighborhood. Believe it or not people have 1st amendment rights even with cops. I agree that Obama was an idiot for even bringing the subject up. But this was a bad arrest. Otherwise the DA would have charged the man. He didn’t. He dropped the case. The cop’s ego got the best of him. He should have eaten his pride and walked away. Now we’re looking at a $2 million dollar federal lawsuit. Naturally the cop won’t get stuck with the bill. We the taxpayers will tho. They should give the cop a job checking meters so he can only cause minimal problems.
As opposed to your job of sitting on your ass all day on a newspaper website making comments and judgments about things you have no understanding of?
Gotcha.
We do not have to fear silly profs with chips on their shoulders, but we do have to fear a police state where cops arrest us for screaming in our own front yards.
Obama should have lectured on the constitution and abuse of authority, not racism in America.
I think I am permitted by law to go into my front yard and yell as long as I don’t represent a serious danger to others or myself. Gates was/is a fool, the cop was abusing his office.
Marc960 says:
Gates is a big mouthed racist left winger employed at Harvard. The NEIGHBOR called the cops, suspecting a burglary, and apparently could not identify Gates as forcing his own front door open.
==================================
I thought it was strange that the **neighbor*** would not recognize Gates as his own neighbor. I mean, I know everyone on my street, and would NOT call the PD if I saw them trying to get into their OWN home.
The cop was out of line-he had no business making a bogus arrest-and you know it was a bogus arrest because the DA refused to file charges and ther Mayor apologized to Gates.
I also find it ironic that the guys name is Gates-because I automatically think of Darryle Gates!
ocobserver says:
July 23, 2009 at 10:52 pmThe neighbor must have been a full-blown idiot if she did not recognize Gates as the resident of the property. Doesn’t she know who lives next door for god sakes?………………………………………Now we’re looking at a $2 million dollar federal lawsuit. Naturally the cop won’t get stuck with the bill. We the taxpayers will tho. They should give the cop a job checking meters so he can only cause minimal problems.
========================
See my above post on the idiot neighbor….and you’re correct about the liability, when a federal lawsuit results in liability against a cop, the muni always pays the liability.
Under current case law this can cause big problems because it is sheilding the wrong doer (bad cop) from THEIR liability and if the wrong doer gets into any future problems which results in a lawsuit this can be used as proof that the muni knew about the problem cop, refused to take action or discipline the problem cop, and by paying a prior liability judgment for the rpoblem cop they were/are giving approval to engage in such misconduct.
Result-an even BIGGER judgment next time because the muni was on notice and aware of the problem and not only refused to fix it-but allowed the problem to continue.
It is a big mistake to pay the cops liability.
Check this out!!!!
Bill Cosby wants the professor and the cop to kiss and make up!
I think the professor AND the president should kiss the cop’s butt!
http://www.myfoxboston.com/dpp/news/local/072309_Bill_Cosby_reacts_to_Gates_incident
Arrests like this one happen all the time to regular citizens with no connections to powerful politicians. The only difference is the regular citizens has no money, position of power , or connected friends to have charges dropped against them.
The Law Enforcement industrial complex has grown into a totalitarian force which pretty much does whatever it likes.
This case however seems small considering that Parker and Randel of the HBPD gunned down Ashley MacDonald in the middle of a park and the secret investigation concluded they did a good job.
Americans are becoming nothing more than chattel of the state.
Wow, here’s wackjob Donkey bringing up Ashley MacDonald again. Take your meds, moron.
Here’s the non racebaiting headline - Cambridge PD arrests another Harvard asshole - they can use it every weekend.
I wonder if we would have ever heard this staory if this guy was white?
For those referencing the “neighbor” as an idiot, blah, blah, blah, according to ABC news she too is a HARVARD professor, as are several others in the immediate neighborhod. As for knowing their neighbor, Mr. Gates, ABC and CNN reported yesterday Gate’s residence is a rental he rarely uses because of frequent travel. These same sources also reported this same house was broken into recently, again while he was away, and may account for the door being jammed/dameaged on his return this time. This “suspicious person, forcing entry” scenario plays out thousands of times per day across the country, in all sorts of neighborhoods, with all sorts of demographics, and is resolved positively because all parties are reasonable and the facts get sorted-out. The difference here: Gates was carrying around a load of crap he wanted to dump on someone, and Sgt. Crowley had the misfortune to respond to the neighbors legitimate concerns. If Mr. Gates had not been ranting and posturing , out of control, he may not have fallen for that tried and true police tactic, ” Sir, let’s step outside to dicuss this”. Its a test: he failed. In Calif. its ” resisting, interfering or obstructing a peace officer” in the officer’s judgement, or ” disturbing the peace”, which requires that a third party acknowledge being disturbed or annoyed by the public behavior. As for the charge against Mr. Gates being dropped, that’s pro forma. Not worth prosecuting without a more serious accompanying charge, but the arrest is legal and solves the immediate problem. Have a nice day, Mr. Gates.
As for the charge against Mr. Gates being dropped, that’s pro forma. Not worth prosecuting without a more serious accompanying charge, but the arrest is legal and solves the immediate problem.
===================================
The arrest is legal????? Great, now we have the resident GED cop playing Perry Mason.
Tell us Oldski-with your extensive legal training what makes you think the arrest was “legal”???
The only way to determine if the arrest was “legal” is to take it before a federal jury and let THEM decide-because the cop does not get to unilaterally determine whether ANY arrest is “legal”. They don’t have that legal authority Mr. Mason…….opsss. I mean Oldski.
Oldski, I have a suggesttion for you-stop getting your “legal” training from watching Law and Order episodes.
I am impressed by your extensive legal knowledge. Like your quote above about how this was obviously a bad arrest because the charges were dropped. Here’s a clue, Matlock. Charges are dropped every day for various reasons that have nothing to do with whether the arrest was bad or not.
Didn’t they teach you that at De Vry lawschool?
Sludge-I have a college degree and I do not get MY training from LA Law like you/the basic GED cop does.
So put down the X-box, lay off the Coco Puffs, and get out of your Batmna jammies, come out of your moms basment and go do something productive-OK junior.
Which college taught you that when criminal cases are dropped, it’s because the arrest was bad?
Of three people now involved in this contoversy, Gates, Crowley and Obama, let’s assume two acted stupidly. Pick the two.
Or it’s possible all three of them are correct.
Gates is the one who acted stupidly.
Look for him filing a lawsuit and walking away with at lest a quarter mil.
When is Obama going to publicly aplogize the Cambridge policeman who he called stupid and demand the same from his black militant, race baiting pal, Professor Gates? By jumping at the chance to grandstand and take racial sides in this issue without consideration of any facts other than black vs. white, he has showed us his true allegiance. He has forever lost any trust that I may have had in him or his policies now that I see who he favors.
Del,
Do you know for an absolute fact that race was not a part of the officer’s decision?
The man was using a cane for crying out loud. How much of a threat could he have been?
A cane can be used as weapon as well.
The day I can’t walk away from a man using a walker is the day they put a tag on my toe.
This situation could have been handled much better by all sides.
Ethnic individuals wouldn’t be able to throw down the race card if police hadn’t been used (and enthusiastically obliged) to abuse the civil rights of minorities.
Johnny Vegas: Mouth off the cops next time your dealing with the police, see how that works for you! It sounds like you’ve already had negative dealings with the police, perhaps because you have a criminal record? To me, it sounds like you don’t know what your talking about. …or maybe your a GED lawyer?
I side with the police.
Johnny is a resident cop-hating retard who would never puff his non-existant chest out at any officer standing next to him. Nor would he ever utter his lone zinger of an insult, the dreaded GED accusation in the presence of any cop.
He’s just another petty, anonymous internet tough guy.
sludge says:
July 24, 2009 at 4:25 pmJohnny is a resident cop-hating retard who would never puff his non-existant chest out at any officer standing next to him. Nor would he ever utter his lone zinger of an insult, the dreaded GED accusation in the presence of any cop.
He’s just another petty, anonymous internet tough guy.
======================
Anytime, anywhere tough guy.
Bla…blah…blah…. I will mouht off to you and any other GED cop I want to………… and YOU take it!
Rick says:
…or maybe your a GED lawyer?
==============================
Hmmmmmmmm………Let me see;
“your” possession.
“you’re” contraction of “you are”.
Hey GED Boy, go back to the police station and take a few more bong hits-maybe then you will understand the English language.
Johnny Vegas says, “I will mouht off” “and YOU take it” Talk about the pot calling the kettle black! Learn how to spell and compose proper sentences. Johnny boy, you are the typical anonymous blogger who lives an imaginary life on his computer. You do not know the law, so stick with your economic failure bloggings that don’t really matter to anyone.
Wow…”ocsays” must be one of the resident GED cops gimmick accounts…LOL!
This is hilarious! Johnny outs himself as a deadbeat welfare recipient over at ” Obama doesn’t make the sale..” now he is disconbobulated and threatening to open a can of whoopass on any and all cops. Careful, Johnny, these posts can be reproduced in court as evidence of criminal intent and premeditation. I could get you off your porch, guaraaaanteeed ! But now that you’ve revealed yourself its a sure thing you would escape unscathed from any confrontation. Why? Because you would start whimpering the moment any officer took a step toward your porch. The only thing you’d say is, ” Yes Sir, Yes Sir, three bags full”. You have what we call back in the day, ” Grizzly Bear Mouth, Hummingbird Sphyncter” ! Ha, Ha, I’m still laughing from your comment you paid for my medical coverage .
Oldski the GED cop is now telling me what can be reproduced in COURT!!!!
Classic.
Hey Oldski, this just in, Columbus discovered America.
BTW- my offer is open to you too-if your skinny butt every came across me you would tuck that tail between your skinny legs and run so fast there would be vapor trails.
Isn’t he just adorable? He’s just like that little chicken hawk in the old Foghorn Leghorn cartoons. Get over yourself little wussy boy.
Hey, Johnny, ever been to court? No, not as defendant, as a professional participant in legal proceedings. Oh, that’s right, you saw all those Billy Jack movies, probably while working at home for yourself. Still laughing, thanks for bringing the sunshine into my life.
BTW, how did you know about my skinny butt and legs? Have you been peeking through people’s windows? Again? Just kidding, Johnny, it’s only the internet. Peace Out, mi hermano.
Sorry, JV, one last bit of info for tonight: courts seldom allow anything to be, as you say, “reproduced in court”. It’s called the “Best evidence Rule” in CA., and probably elsewhere. Courts demand original documents and first-hand testimony. So the proper term would be “produced in court”. But then, you knew that. Right, genious?
Oldski/Perry Mason Jr, the “Best Evidence Rule” in CA allows for copies, or reproductions per CA’s “secondary evidence rule”. That would be codified under CA Evidence Code sections 1520-23 Einstein.
I guess they forgot to teach you that in your 2 hour evidence class at GED Cop School.
BOOM!………this is like taking candy from a baby.
Yes, the secondary evidence rule”, which I explained as the requirement of testimony to ALLOW a secondary source. Can’t you read ? Or just too lazy? Is this all you got? Then you must agree with the rest of my post as you don’t refute it, you ignore it. So far, in the past 24 hours we’ve established you have never had health insurance because, as you claim, you can’t qualify for a job with benefits or sufficient pay, despite a college degree and despite being so all-knowing. As your little buddy would say, “This doesn’t add up”. We’ve also established, by your own admission, that although you love to call others “welfare queens”, GED cops/firefighters, leeeches, losers and thieves, YOU are the one who gets free WELFARE surgery. And you use that as your bona fide as expert on healthcare and tax issues? Go ahead, call me a CHIMP or whatever. Gawd knows I’ve been called much worse by people whose opinion mattered. Finally, after months of your bilious crap you’ve exposed yourself for the fake you are. I love the wordcraft you use: I WORK FOR MYSELF. People who are self-employed and own their own business say so. I think you’ve made it clear you sit at home on the OCR blogs from 6am to midnite. If there is any work being done it surely isn’t on the books and your not paying taxes, so no credibility for you. Adios, my work here is done.
And yes, I mispoke and said “reproduced” as well. These posts, the original electronic transmission, would have to be “produced”, or the closest thing to it with testimony explaining the abscense of the original. I Am a Loser? Gawd, still laughing. Thank you. Hey, what about that degree you claim to have ? What college, what field? And you couldn’t qualify for a job with benefits, or enough pay to buy your own insurance? Was it your attitude? Geez, this is priceless after listening to your crap and name-calling for a year. I have a new appreciation for your point of view. You don’t hate cops and firefighters, you hate and resent anyone who ever held a real job, public, private or self-employed, paid taxes and actually made a contribution to society. Anyone who succeeded in life. We are losers? Yeah, sure, whatever lets you sleep at the keyboard, JV. Maybe by tomorrow you’ll get hold of yourself and actually be able to read a post and answer a question intelligently. You’re right (contraction), I can’t let go of this. Too Much Fun ! ! !
See my above post Perry Mason.
And stop getting your criminal law from “Law amd Order”……..oh wait, you’re watching your Spiderman cartoons now….my bad.
Man, it must be hard for you Oldski-going through like with the brain power of a circus chimp.
What would MLK say? What was the content of Gates’ character? Poor baby, he needs a nap. Obama now has his Dallas. Boston!
yes it seems 20 year in a racist church has produced a racist president that comes out now and then. look at Eric Holder, professor Gates, Eric Holder was right we are a nation of cowards, We fail to call a spade a spade, racism is racism and it will never end as long as blacks pull out the race card when things don’t go the way they want it to. If professor Gates is an example of the professors at Harvard then this country is in more trouble than we know. This is Elite Racism, these goverment officals think they are better than the average American and want to make decisions for the world.