Sheesh:

Even before the charge were dropped Tuesday, I knew in my bones that this officer was wrong. I knew in my bones that this situation was about the level of deference from a black male that a white cop expects. I say this even though I did not see the events themselves unfold.

Like or Dislike: 0  0

And the charges were dropped which means the arrest didn’t have any merit.

Completely false. In my experience DA’s routinely drop cases if it isn’t a slam dunk win for them. A better win percentage gives them better odd’s of higher office ie. becoming a judge or moving on up to head DA. Believe me, it pisses many people off when you know someone is guilty but charges are never filed due to politics.

Whatever Napolitono believes is up to him. But the arrest is based on the Officer’s judgement at the time. If he believed Gates was impeding him in his duties then the arrest is lawful.

The only one who determines if there was legal probable cause is a judge. An officer acts in good faith based on the law enforcement realm he knows. The one arrested can contest that officer’s reasoning of probable cause in a courtroom. That’s the way the system works.

…Curt is entirely correct that this kind of behavior doesn’t exactly make an officer sure that there isn’t someone inside with sights trained on him in case he misspeaks. So the officer was, IMHO, correct to push the issue.

Bingo Mata!

These are the kind of issues that drive me crazy because you can bet your ass if that cop had just gone on his way without requesting ID and forcing the issue when Gates became belligerent AND there had been a legitimate burglary he would of been hung out to dry as a Racist…doesn’t care about the black man enough to do his job with due diligence.

Like or Dislike: 0  0

@ Ron H.

No charges = no crime

Hardly. DA’s dropped charges all the time, even knowing a crime has been committed.

Like or Dislike: 0  0

Charges being dropped are not clear cut evidence of “no crime”. There are many avenues where charges are “dropped”.

And the “over riding issue” of Gate’s arrest being warranted and legitimate is one for the courts to decide, not the public. But frankly, Gates holds no monopoly on arrest via charges he contests are unreasonable… and that includes people of ALL races. That a’hole can get in line to complain about false arrests. We’ve got bigger issues than Gate’s stirring up race riots for attention and fame.

Like or Dislike: 0  0

Mata
Good response and I certainly can’t argue with any of your points. I do believe the officer was acting in good faith and that Gates was being a dick. I guess my point is that if Gates was breaking the law, which usually results in an arrest, then why were the charges dropped? The obvious answer was that Gates wasn’t breaking the law, but rather acting like a giant racist jerk-off.

I think you guys are confusing the overriding issue here, and that is if Gates broke the law and deserved to be arrested then why were the charges dropped? Don’t you usually arrest someone only when a crime is committed?

No charges = no crime

That was my point.

Ron H.

Like or Dislike: 0  0

Not so cut and dried, Ron. Even under federal law, searches without warrants are legal with probable cause. In 2007, a federal Oregon District judge ruled that two provisions of the Patriot Act were “… unconstitutional because they allow search warrants to be issued without a showing of probable cause. This also happens daily all over the nation with traffic stops as well. Plus, if you invite them in, or give them permission, they may also search without a warrant.

The only one who determines if there was legal probable cause is a judge. An officer acts in good faith based on the law enforcement realm he knows. The one arrested can contest that officer’s reasoning of probable cause in a courtroom. That’s the way the system works.

Gates’ behavior was the cause of this. He did not cooperate to clear up who he was until late in the game, nor explain why he and his limo driver were forcing the entry door. Instead he threatened the officer (suspicious activity in itself, considering) and postured. Were someone holding a family member inside hostage, what better way to drive a cop away than by racial accusations and abuse?

Curt is entirely correct that this kind of behavior doesn’t exactly make an officer sure that there isn’t someone inside with sights trained on him in case he misspeaks. So the officer was, IMHO, correct to push the issue. As far as the arrest? The man impeded a police response… oddly enough meant to protect that a’hole’s property… and he should have been grateful that the officers checked on him and his property. He should have also wandered over and thanked the neighbors that called 911, as they also were trying to protect his property. But nooooooo….. this first class bigot wanted to make a scene. Frankly, arrest is too good for him as a person, if questionable under law.

I watched the video segment, but Napolitano missed two things… he said he read the police report but did not comment that the officer still had ample probable cause (which is allowed without a search warrant or permission or witnessing). And the second was a biggie since it relates to the first…. Napolitano also stated the officers didn’t know if they had the right house.

Apparently, Napolitano came up short on his homework before analyzing, because that’s not possible. As you can see with Curt’s link to the 911 call transcript two days ago, they had not only the address of the home – 17 Ware Street – but the color the home was painted. Therefore Napolitano was only slightly better than the Big Zero in giving his opinion without being in possession of the facts.

Like or Dislike: 0  0

Wordsmith:
Oh and just to clarify my position Wordsmith. I in no way think officer Crowley was making race an issue. I think Gates definitely was, and Gates also should have been more respectful to Officer Crowley. Obama should have just kept his big mouth shut. Having said all of that, I think Gates shouldn’t have been arrested because last time I checked, being a racist asshole isn’t a crime.

And the charges were dropped which means the arrest didn’t have any merit.

Just my two cents gents!

Ron H.

Like or Dislike: 0  0

Well darnit I think I provided a bad link. Let me try this again.

http://www.mofopolitics.com/2009/07/29/video-fox-news-judge-andrew-napolitano-gates-arrest-violated-the-federal-constitution/

Ron H.

Like or Dislike: 0  0

Here is a different perspective than what you are saying Curt. I’m not personally saying you are wrong, but Judge Andrew Napolitano on Fox news made the case that the arrest was improper.

http://216.87.173.33/media/2009/0907/fox_sb_napolitano_gates_090727a.flv

Hopefully the link works.

Ron H.

Like or Dislike: 0  0

@Missy: I did post the full police report. Funny how the racebaiters and lib apologists cannot be bothered to read it.

No one has challenged the corroborated facts, witnessed by multiple citizens, in that report.

Like or Dislike: 0  0