From the "Black People Arrest Themselves" files

[Caliga]

In that case it still wouldn't have been 'released'.

[The Minsky Moment]

Not out in public within earshot of passersby.  Then that is a misdemeanor, and he was charged accordingly.

What JR is saying is that it is unprofessional to enforce some particular laws.  Some cops would agree.

Not exactly - I am saying that some laws would be unconstitutional if they were enforced in the way CDM suggests they be enforced, which is why every state has case law with respect to these kinds of statutes that strictly limit their application.

Of course, unprofessional officers can still use them as convenient excuses to harass or temporarily jail people they don't like.

[The Minsky Moment]

The cop first asked him to come outside, which would be to get Gates out of danger from anyone else inside. That makes sense given the cop is responding to a burglary call.  . . .Well, would a cop let an unknown person in what could be a dangerous situation, go into another room alone? To get a weapon or an accomplice?

How many B&Es are committed by 60 year men who need a cane to walk?  This is kind of hard to swallow. 

[The Minsky Moment]

He lied to you.  Every cop needs a "mopery" charge they can break the glass for in the event of an asshole emergency.

There is something to that.  But the key word here is "emergency".  Not "asshole"

[DontSayBanana]

The article does give Gate's account of things also.

The cop first asked him to come outside, which would be to get Gates out of danger from anyone else inside. That makes sense given the cop is responding to a burglary call. Also, Gates refuses to say if anyone else is inside; again, the cop is newly arrived and trying to get a handle on who might be around, and any danger. Gates just screwed up so bad in his handling of things, his mind so fixated on racism that the cop couldn't even do his job of protecting Gates if there was a burglar inside, who may have gotten there prior to Gates.

Gates complains the cop followed him when he went to get his ID. Well, would a cop let an unknown person in what could be a dangerous situation, go into another room alone? To get a weapon or an accomplice? Even if the cop figures that Gates is not a problem, the cop still has to make sure there's not a problem there, that maybe even Gates isn't aware of as yet.

That's my take, just hearing some cops on the news talk about these things. It remains to be seen if Officer Crowley was abusive or out of line in his dealings. But I feel Prof Gates at least erred in what could have been a dangerous situation that he should have let the cop get a handle on for all of their safety.

http://www.msnbc.msn.com/id/32122233/ns/today-today_people/

Officer rebuts Gates' account of arrest incident
Cop says he didn't want to take 'such drastic action,' but Gates 'provoked'

Only question is did Gates let him in? If he didn't, then he's absolutely right that the cop shouldn't have been in there without a warrant.

[The Minsky Moment]

I agree Berkut. We can't maintain a civilized society if men like Gates are allowed to behave so inappropriately. The negro needs to be kept in his place. Bravo, sergeant.

Oh.  Hooray.  reinforcements.

[Berkut]

The cop first asked him to come outside, which would be to get Gates out of danger from anyone else inside. That makes sense given the cop is responding to a burglary call.  . . .Well, would a cop let an unknown person in what could be a dangerous situation, go into another room alone? To get a weapon or an accomplice?

How many B&Es are committed by 60 year men who need a cane to walk?  This is kind of hard to swallow. 

I don't know - do you?

Did Crowley know what was going on? For all he knows the guy has an ccomplice inside - there were two suspects reported on the call. For all he knows there is someone else in the house, and the old crazy guy going off about racism has no idea.

Crowley doesn't know what is going on. What he does know is that Gates is uncooperative, and acting erratically. He isn't going to let him go wandering off out of site.

Crowley repeatedly tried to calm the situation down and restore some measure of control. Gates resisted that, and instead went off on his "black man in america/racism" tirade.

What I find hard to swallow is the idea that simply asking a black guy for ID is inherently racist.

[Berkut]

Only question is did Gates let him in? If he didn't, then he's absolutely right that the cop shouldn't have been in there without a warrant.

Are you sure about that?

[KRonn]

The cop first asked him to come outside, which would be to get Gates out of danger from anyone else inside. That makes sense given the cop is responding to a burglary call.  . . .Well, would a cop let an unknown person in what could be a dangerous situation, go into another room alone? To get a weapon or an accomplice?

How many B&Es are committed by 60 year men who need a cane to walk?  This is kind of hard to swallow.

As I said, regardless who the cop thinks Gates is, the cop doesn't know who else is inside, or if Gates or the cops may be in danger from those possibly inside. Cop is trying to get control of the situation, as makes sense, after receiving a burglary call.

[alfred russel]

Only question is did Gates let him in? If he didn't, then he's absolutely right that the cop shouldn't have been in there without a warrant.

Wait a second--if a neighbor reports people breaking into my house, a cop shows up and sees someone who might be a burglar there, I don't want the cop going to get a warrant because the potential burglar wouldn't let him in.

This story really should just go away. It is minor in the grand scheme of things and is now overshadowing health care reform.

[The Minsky Moment]

Only question is did Gates let him in? If he didn't, then he's absolutely right that the cop shouldn't have been in there without a warrant.

"exigent circumstances" - he has reason to believe a burglary may be in process.

[KRonn]

The article does give Gate's account of things also.

The cop first asked him to come outside, which would be to get Gates out of danger from anyone else inside. That makes sense given the cop is responding to a burglary call. Also, Gates refuses to say if anyone else is inside; again, the cop is newly arrived and trying to get a handle on who might be around, and any danger. Gates just screwed up so bad in his handling of things, his mind so fixated on racism that the cop couldn't even do his job of protecting Gates if there was a burglar inside, who may have gotten there prior to Gates.

Gates complains the cop followed him when he went to get his ID. Well, would a cop let an unknown person in what could be a dangerous situation, go into another room alone? To get a weapon or an accomplice? Even if the cop figures that Gates is not a problem, the cop still has to make sure there's not a problem there, that maybe even Gates isn't aware of as yet.

That's my take, just hearing some cops on the news talk about these things. It remains to be seen if Officer Crowley was abusive or out of line in his dealings. But I feel Prof Gates at least erred in what could have been a dangerous situation that he should have let the cop get a handle on for all of their safety.

http://www.msnbc.msn.com/id/32122233/ns/today-today_people/

Officer rebuts Gates' account of arrest incident
Cop says he didn't want to take 'such drastic action,' but Gates 'provoked'

Only question is did Gates let him in? If he didn't, then he's absolutely right that the cop shouldn't have been in there without a warrant.

Why would the cop need a warrant, responding to a burglary call and trying to assess the situation, and see to the safety of civilians and cops in the area?

[Malthus]

This story really should just go away. It is minor in the grand scheme of things and is now overshadowing health care reform.

It's been badly played by the President. He should never have publicly weighed in on a matter involving a personal friend of his. Doing that - and immediately backpedeling - has had the worst possible effect.

[The Minsky Moment]

Did Crowley know what was going on? For all he knows the guy has an ccomplice inside - there were two suspects reported on the call. For all he knows there is someone else in the house, and the old crazy guy going off about racism has no idea.

That an interesting theory -- except that the officer never bothered to look around to see if anyone else was present.  If there was sufficient exigent circumstances to enter in the first place, it would also be sufficient to do that.

[Valmy]

It's been badly played by the President. He should never have publicly weighed in on a matter involving a personal friend of his. Doing that - and immediately backpedeling - has had the worst possible effect.

Yep Obama has been pretty good at being careful with his public pronouncements.  Even if Gate's situation is exactly as he portrays it I think Obama's speaking out publicly was a mistake.