Valerie is right, when Crowley first got to the house of Gates, he asked him if he would step outside, and Gates said no, crowley proceeded to enter the home of mr gates, I believe because Mr Gates gave him permission to enter. Crowley KNEW within the first couple of minutes being there....or at least presumed within the first few minutes of being there, that Mr Gates was indeed the owner/renter of the home where the suspicious activity was reported. that was his police instinct judgment...probably because Gates immediately found the phone in the house and called someone...the head of the school he worked at if memory serves.
what quantum is speaking about, is when Crowley refused for the second time(might have been the third time) to give mr Gates his Police Id (massachusetts gives all police, a State Police ID to show when asked...this is not their Badge, it is a separate Police ID that they are suppose to carry with them), he told Mr Gates if he wanted the Police ID/ information from him then he would need to follow him out on to the porch for it.
(I still have huge problems with Crowley telling gates if he wanted his police id, he would have to step out on to the porch for it, especially if mr gates was tumultuous....because Crowley would have been inviting a bad situation to get worse not better.... the supposed tumultuous behavior could have cause harm to others, to innocent bystanders, IF IT REALLY WAS "tumultuous".)
Crowley had given mr gates verbally his name and number, but he had not given Gates his Police ID to look at, per massachusetts requirement....so Mr gates stepped outside as Crowley HAD ASKED HIM TO, so that he could get this police ID from Crowley.
Massachusetts supreme court had ruled on previous cases, that yelling and screaming at a cop is NOT DISORDERLY CONDUCT, because cops receive training on how to deal with these type of situations and are trained NOT TO over react to the screaming and yelling, and cursing and accusations and tizzy fits, moreso than an average citizen that could be enticed to start a fight.... there has to be a physical public involvement or a threat of physical harm to the Public.....none of which was the case.
I personally still believe Crowley made a mistake to invite mr gates to come out on to the porch, or it could be that he did do this intentionally as others have said, so that he could charge this man with something.
I find GREAT OFFENSE with the latter if true. It would be an abuse of power that Mr Gate's taxes is paying for....the cops salary....cops work for us and get paid by us and should give reverence to such when they can and NOT arrest us and charge us with crimes unnecessarily....that is NOT JUSTICE.
so, I hope it was just crowley being tired that lead him to inviting gates on to the porch and NOT the situation I stated above, where he INTENTIONALLY did such just because he wanted to have the sob arrested for being an idiot and calling him a racist....
regardless, if this case went to court, the State would have lost, from all the court cases I have been lead to read, about this and disorderly conduct imo.
there are many articles out there also, saying that cops use these laws such as disorderly conduct or disturbing the peace as their "tool" to break up a situation or because they are mad , but they rarely stand up in a court of law...they actually get the charges dropped a good deal of the time....and I am not certain I like that....it doesn't seem right to arrest someone that you KNOW did NOT break the law....just because of the first amendment free speech they are exercising.
another thing, by law and our constitution, we are not required to give id to a Policeman if he asks us for it...we do not have to have any id at all, to live in this country and it is NOT required to carry id with us at all times like in Nazi Germany, no one here can require our "Papers"....
we are only required to give the Policeman our name and perhaps our address and the Policeman can call that in to check on us via their computer files.