The Stupidity Of The Gates Arrest

[Bfgrn]

Saturday, Jul. 25, 2009

Here is what the absurdist, typically stilted language of Sergeant James Crowley's report on the arrest of Harvard professor Henry Louis Gates Jr. really means:

Gates: You're not the boss of me!
Crowley: I am the boss of you.
Gates: You are not the boss of me!
Crowley: I'll show you. You're under arrest.

There is no crime described in Crowley's official version of the way Gates behaved. Crowley says explicitly that he arrested Gates for yelling. Nothing else, not a single threatening movement, just yelling. On the steps of his own home. Yelling is not a crime. Yelling does not meet the definition of disorderly conduct in Massachusetts. Not a single shouted word or action that Crowley has attributed to Gates amounts to disorderly conduct. That is why the charges had to be dropped. (Read "Gates' Disorderly Conduct: The Police's Judgment Call.")

In classically phony police talk, Crowley refers to "[Gates'] continued tumultuous behavior." When cops write that way, you know they have nothing. What is tumultuous behavior? Here's what it isn't: brandishing a knife in a threatening manner, punching and kicking, clenching a fist in a threatening manner, throwing a wrench or, in the Gates house, maybe a book. If the subject does any of those things, cops always write it out with precision. When they've got nothing, they use phrases that mean nothing. Phrases like tumultuous behavior.

Unless you confess to a crime or threaten to commit a crime, there is nothing you can say to a cop that makes it legal for him to arrest you. You can tell him he is stupid, you can tell him he is ugly, you can call him racist, you can say anything you might feel like saying about his mother. He has taken an oath to listen to all of that and ignore it. That is the real teachable moment here: cops are paid to be professionals, but even the best of them are human and can make stupid mistakes.

We have an uncomfortable choice with Sergeant Crowley. Either he didn't know what disorderly conduct is or he decided to show Gates who's boss the only way he knew how — by whipping out his handcuffs and abusing his power to arrest. Police make the latter choice in this country every day, knowing the charges are going to have to be dropped. (See TIME's 10 Questions for Henry Louis Gates Jr.)

We all know it happens. That's why so much of the commentary about this case is obsessed with exactly who said what to whom in the Gates home that day. Most white, and some black, TV talking heads obviously believe that Gates was stupid if he actually exercised his constitutional right to say anything he felt like saying to a cop. Because they know it is not terribly difficult to provoke U.S. police to violate their oaths and the law and arrest people for no legal reason.

The President was right when he called the arrest stupid. It doesn't mean Crowley is stupid. It means that, in that moment, he made a stupid choice. Barack Obama has made some stupid choices on occasion too. We all do. Everyone who is defending Crowley's arrest, including his union, needs to reread his report. There is a crime described in there. In fact, Crowley's report is a written confession of the crime of false arrest.
Lawrence O'Donnell Jr.

http://www.time.com/time/nation/article/0,8599,1912778,00.html?artId=1912778?contType=article?chn=us

 

[WillowTree]

Hey! it was a good thing,, he's paying his back taxes now ain't he??

 

[Ravi]

I read somewhere that Crowley taught sensitivity courses. It sounds to me that Crowley needs to take some sensitivity courses, or a least review his oath of office and learn to deal with the people he serves even if they look at him cross-eyed.

 

[Xenophon]

We certainly needed yet another Gates thread, thanks!

 

[Contessa_Sharra]

I have been reading at http://www.TheRoot.com and there is considerable dicussion that there is a larger than the grand canyon divide in experience of the police in this country.

Why Blacks and Whites View Police Authority Differently

Those who have never dealt with it will not get it easily.

All of us at all times must learn that just because we may have been fortunate as to have never had negative experiences in life does not mean that everyone else can look at everything through our personal point of view.

 

[editec]

Saturday, Jul. 25, 2009

Here is what the absurdist, typically stilted language of Sergeant James Crowley's report on the arrest of Harvard professor Henry Louis Gates Jr. really means:

Gates: You're not the boss of me!
Crowley: I am the boss of you.
Gates: You are not the boss of me!
Crowley: I'll show you. You're under arrest.

There is no crime described in Crowley's official version of the way Gates behaved. Crowley says explicitly that he arrested Gates for yelling. Nothing else, not a single threatening movement, just yelling. On the steps of his own home. Yelling is not a crime. Yelling does not meet the definition of disorderly conduct in Massachusetts. Not a single shouted word or action that Crowley has attributed to Gates amounts to disorderly conduct. That is why the charges had to be dropped. (Read "Gates' Disorderly Conduct: The Police's Judgment Call.")

In classically phony police talk, Crowley refers to "[Gates'] continued tumultuous behavior." When cops write that way, you know they have nothing. What is tumultuous behavior? Here's what it isn't: brandishing a knife in a threatening manner, punching and kicking, clenching a fist in a threatening manner, throwing a wrench or, in the Gates house, maybe a book. If the subject does any of those things, cops always write it out with precision. When they've got nothing, they use phrases that mean nothing. Phrases like tumultuous behavior.

Unless you confess to a crime or threaten to commit a crime, there is nothing you can say to a cop that makes it legal for him to arrest you. You can tell him he is stupid, you can tell him he is ugly, you can call him racist, you can say anything you might feel like saying about his mother. He has taken an oath to listen to all of that and ignore it. That is the real teachable moment here: cops are paid to be professionals, but even the best of them are human and can make stupid mistakes.

We have an uncomfortable choice with Sergeant Crowley. Either he didn't know what disorderly conduct is or he decided to show Gates who's boss the only way he knew how — by whipping out his handcuffs and abusing his power to arrest. Police make the latter choice in this country every day, knowing the charges are going to have to be dropped. (See TIME's 10 Questions for Henry Louis Gates Jr.)

We all know it happens. That's why so much of the commentary about this case is obsessed with exactly who said what to whom in the Gates home that day. Most white, and some black, TV talking heads obviously believe that Gates was stupid if he actually exercised his constitutional right to say anything he felt like saying to a cop. Because they know it is not terribly difficult to provoke U.S. police to violate their oaths and the law and arrest people for no legal reason.

The President was right when he called the arrest stupid. It doesn't mean Crowley is stupid. It means that, in that moment, he made a stupid choice. Barack Obama has made some stupid choices on occasion too. We all do. Everyone who is defending Crowley's arrest, including his union, needs to reread his report. There is a crime described in there. In fact, Crowley's report is a written confession of the crime of false arrest.
Lawrence O'Donnell Jr.

http://www.time.com/time/nation/article/0,8599,1912778,00.html?artId=1912778?contType=article?chn=us

Cops are taught to lie for the record.

Had this guy not been who he was he'd likely have been found guilty of some specious crime or the other, too.

And it would NOT have mattered what race he was, either.

 

[Midnight Marauder]

Also by the report, the officer was leaving. Gates continued shouting racial slurs and family ad-homs at the top of his lungs. He had every chance to cease the disruptive behavior and chose to continue. In fact, was TOLD that if he continued he would be arrested. His response? "Arrest me."

Ever try telling a cop that? They WILL oblige you.

THAT was the stupidity.

 

[manifold]

Yelling is not a crime. Yelling does not meet the definition of disorderly conduct in Massachusetts. Not a single shouted word or action that Crowley has attributed to Gates amounts to disorderly conduct.

Is this a fact?

My understanding has always been that verbally assaulting a police officer can be deemed disorderly conduct. If my understanding on this is wrong, I would change my opinion about Crowley's actions. But I would need to validate the veracity of the above quote.

However, it would still do nothing to change my opinion that Gates is a douchebag asshole for berating an officer for doing his job.

 

[concept]

I'm glad this stupid racist got taken in.

Maybe he'll shut his mouth and engage his brain next time.

ANd that goes for Obama too.

 

[Anguille]

Is this a fact?

My understanding has always been that verbally assaulting a police officer can be deemed disorderly conduct. If my understanding on this is wrong, I would change my opinion about Crowley's actions. But I would need to validate the veracity of the above quote.

However, it would still do nothing to change my opinion that Gates is a douchebag asshole for berating an officer for doing his job.

Not sure I sure share this info with a hothead, but ...


But one thing is clear: Gates did not violate any law. Under Massachusetts law, which the police officer was supposedly enforcing, yelling at a police officer is not illegal.
There are clear decisions of the Massachusetts courts holding that a person who berates an officer, even during an arrest, is not guilty of disorderly conduct. And yet that is exactly what Gates was arrested for.
The Massachusetts statute defining "disorderly conduct" used to have a provision that made it illegal to make "unreasonable noise or offensively coarse utterance, gesture or display," or to address "abusive language to any person present." Yet the courts have interpreted that provision to violate the Massachusetts Constitution's guarantee of freedom of speech. So police cannot lawfully arrest a person for hurling abusive language at an officer.
In several cases, the courts in Massachusetts have considered whether a person is guilty of disorderly conduct for verbally abusing a police officer. In Commonwealth v. Lopiano, a 2004 decision, an appeals court held it was not disorderly conduct for a person who angrily yelled at an officer that his civil rights were being violated. In Commonwealth v. Mallahan, a decision rendered last year, an appeals court held that a person who launched into an angry, profanity-laced tirade against a police officer in front of spectators could not be convicted of disorderly conduct.
So Massachusetts law clearly provides that Gates did not commit disorderly conduct.




Adam Winkler: Obama Was Right About the Gates Arrest

 

[oreo]

The only person who has shown utter ignorance & racial bias in this entire issue is none other than the President of the United States--(Barack Obama).

Admitting he knew nothing of the case in the 1st sentence & then stating that the Cambridge police department acted stupidly.

Obama just accidentially disclosed to the American public why he sat in Pastor Wright's church for 20 long years.

Obama believes & agrees with every racial comment that came out of Pastor Wright's mouth during his 20 year attendance. He has disclosed who he really is over this Gates/Crowley incident.


Now what I am waiting for:

Is another HISTORIC racial speech from the President that sends tingley feelings up everyone's legs on how to not turn up the volumn.

 

[manifold]

Is this a fact?

My understanding has always been that verbally assaulting a police officer can be deemed disorderly conduct. If my understanding on this is wrong, I would change my opinion about Crowley's actions. But I would need to validate the veracity of the above quote.

However, it would still do nothing to change my opinion that Gates is a douchebag asshole for berating an officer for doing his job.

Not sure I sure share this info with a hothead, but ...


But one thing is clear: Gates did not violate any law. Under Massachusetts law, which the police officer was supposedly enforcing, yelling at a police officer is not illegal.
There are clear decisions of the Massachusetts courts holding that a person who berates an officer, even during an arrest, is not guilty of disorderly conduct. And yet that is exactly what Gates was arrested for.
The Massachusetts statute defining "disorderly conduct" used to have a provision that made it illegal to make "unreasonable noise or offensively coarse utterance, gesture or display," or to address "abusive language to any person present." Yet the courts have interpreted that provision to violate the Massachusetts Constitution's guarantee of freedom of speech. So police cannot lawfully arrest a person for hurling abusive language at an officer.
In several cases, the courts in Massachusetts have considered whether a person is guilty of disorderly conduct for verbally abusing a police officer. In Commonwealth v. Lopiano, a 2004 decision, an appeals court held it was not disorderly conduct for a person who angrily yelled at an officer that his civil rights were being violated. In Commonwealth v. Mallahan, a decision rendered last year, an appeals court held that a person who launched into an angry, profanity-laced tirade against a police officer in front of spectators could not be convicted of disorderly conduct.
So Massachusetts law clearly provides that Gates did not commit disorderly conduct.




Adam Winkler: Obama Was Right About the Gates Arrest

Ok then, it appears that I was wrong and Crowley did indeed abuse his position of authority. Fuckin pigs!

Thank you for your help and perserverance in dragging me into the light.

Although I still think that as a matter of pragmatic prudence, I'll continue to refrain from verbally assaulting police officers even though it may be by legal right to do so.

 

[Big Black Dog]

For such a highly educated black man teaching at a high profile college, Gates sure is a dumb ass. I think it's pretty funny myself. He played the race card and the "I'm somebody important" card and it blew up in his face. Rightfully so. He's a complete moron and typical of the liberal dummies we have teaching our kids in college these days. Obama proved to us all that he's a racist too by piling on without even knowing the facts. Now, tell me, how many times in American history has a President on TV, during a Nationally televised press conference made such a stupid, nonPresidential statement as Obama did? To make light of the issue, and in an effort to sweep this mess under the table, he has invited them both to the White House for a beer? That too, is pretty foolish. I can't wait to hear the bullshit after this dog and pony show. If I was Crowley, I'd be a little more picky about who I drank with.

 

[editec]

Also by the report, the officer was leaving. Gates continued shouting racial slurs and family ad-homs at the top of his lungs. He had every chance to cease the disruptive behavior and chose to continue. In fact, was TOLD that if he continued he would be arrested. His response? "Arrest me."

Ever try telling a cop that? They WILL oblige you.

THAT was the stupidity.

Obviously Gates over-reacted.

As did the cop.

NBD

 

[oreo]

Crowley showed up at Gates residence--due to a call from a caring neighbor--thinking that Professor Gates home may have been broken into.

1. Crowley was 1/2 block away & responded to the call. He walked up to Professor Gates who was viewing him from his front door. Crowley explained the situation & the reason he was there--Gates refused to open the door to show his I.D. (What an attitude from a home-owner!!!)

2. Eventually Gates opens the door after making several racial remarks toward Crowley & shows his Identification. NOW GET THIS.

Officer Crowley walks out the door--he is leaving--& Gates pursues him out of the front door yelling & screaming more racial remarks at him. Officer Crowley states--You need to step back inside your house. Gates continues with his racial remarks & then starts making remarks about Crowley's mother. Gates is warned at least 4 times to go back inside his home. He doesn't--he continues with the yelling & making obscene remarks about Crowley's mother. Gates get arrested for disorderly conduct, & after several warnings.

Here we have a very ANGRY RADICAL black Professor--who thinks he is above the law--& instead of Thanking the police officer for responding to a neighbor's call of suspicious activity at his home--is enraged over it. UNBELIEVABLE>

There is absolutely NO DEFENSE for Professor Gate's response--NONE WHAT-SO-EVER.

The irony here: If there were an actual break-in at Professor Gates residence--he would be screaming that the police did not respond to the call because he is black.

 

[Missourian]

Crowley showed up at Gates residence--due to a call from a caring neighbor--thinking that Crowley's house may have been broken into.

1. Crowley was 1/2 block away & responded to the call. He walked up to Professor Gates who was viewing him from his front door. Crowley explained the situation & the reason he was there--Gates refused to open the door to show his I.D. (What an attitude from a home-owner!!!)

2. Eventually Gates opens the door after making several racial remarks toward Crowley & shows his Identification. NOW GET THIS.

Officer Crowley walks out the door--he is leaving--& Gates pursues him out of the front door yelling & screaming more racial remarks at him. Officer Crowley states--You need to step back inside your house. Gates continues with his racial remarks & then starts making remarks about Crowley's mother. Gates is warned at least 4 times to go back inside his home. He doesn't--he continues with the yelling & making obscene remarks about Crowley's mother. Gates get arrested for disorderly conduct, & after several warnings.

Here we have a very ANGRY RADICAL black Professor--who thinks he is above the law--& instead of Thanking the police officer for responding to a neighbor's call of suspicious activity at his home--is enraged over it. UNBELIEVABLE>

There is absolutely NO DEFENSE for Professor Gate's response--NONE WHAT-SO-EVER.

The irony here: If there were an actual break-in at Professor Gates residence--he would be screaming that the police did not respond to the call because he is black.

This thread proves to what depths the leftists are willing to stoop...defending the idiot Gates....to protect their great and glorious leader.

 

[oreo]

Crowley showed up at Gates residence--due to a call from a caring neighbor--thinking that Crowley's house may have been broken into.

1. Crowley was 1/2 block away & responded to the call. He walked up to Professor Gates who was viewing him from his front door. Crowley explained the situation & the reason he was there--Gates refused to open the door to show his I.D. (What an attitude from a home-owner!!!)

2. Eventually Gates opens the door after making several racial remarks toward Crowley & shows his Identification. NOW GET THIS.

Officer Crowley walks out the door--he is leaving--& Gates pursues him out of the front door yelling & screaming more racial remarks at him. Officer Crowley states--You need to step back inside your house. Gates continues with his racial remarks & then starts making remarks about Crowley's mother. Gates is warned at least 4 times to go back inside his home. He doesn't--he continues with the yelling & making obscene remarks about Crowley's mother. Gates get arrested for disorderly conduct, & after several warnings.

Here we have a very ANGRY RADICAL black Professor--who thinks he is above the law--& instead of Thanking the police officer for responding to a neighbor's call of suspicious activity at his home--is enraged over it. UNBELIEVABLE>

There is absolutely NO DEFENSE for Professor Gate's response--NONE WHAT-SO-EVER.

The irony here: If there were an actual break-in at Professor Gates residence--he would be screaming that the police did not respond to the call because he is black.

This thread proves to what depths the leftists are willing to stoop...defending the idiot Gates....to protect their great and glorious leader.

DITTO: Upps--I forgot to mention that our great leader Barack Obama & Professor Gates are buddies. I think we can start connecting dots--from Barack Obama to Pastor Wright & now to Professor Gates to get an actual view of who Barack Obama really is.

 

[Dr.House]

One thing I'm not surprised about is that Barry would call Gates a friend...

He seems to have a fondness for radical racist assholes...

 

[Bfgrn]

Also by the report, the officer was leaving. Gates continued shouting racial slurs and family ad-homs at the top of his lungs. He had every chance to cease the disruptive behavior and chose to continue. In fact, was TOLD that if he continued he would be arrested. His response? "Arrest me."

Ever try telling a cop that? They WILL oblige you.

THAT was the stupidity.

The right wing pea brains just can't distinguish the difference between bad behavior and breaking the law...Conformity may be a right wing law, it's just not the law of the land...

No one is saying Gates handled this well, BUT Sargent Crowley issued a false arrest based on EMOTION...

Unprofessional and stupid...

 

[Xenophon]

Wrong again dipshit:

Video - Breaking News Videos from CNN.com

Gee, his fellow black officers say he handled it right.