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Two Stories: Henry Louis Gates


There were a few diaries posted about the arrest of Henry Louis Gates, and while I'm not typically sympathetic towards cops (Digby's list of taser deaths, personal experience, renegade cops like in the Duke Lacross case, theTexas San Jacinto sheriff planting drugs on blacks, and numerous other reasons, I still think it's worthwhile getting the other side of the story. (I've been doing that a bit with Walpin as well), and noticed that no one seemed to quote the cop on the scene.

So here is the investigating officer's statement.

And here is Professor Gates' take.

Our task and difficulty as always is to figure out if the truth is with one, the other, between, or somewhere out there somewhere.

Read, comment, argue, vent.

Update: Here's a profile on Sergeant Crowley, to allow him to be a bit human.

And here's what Obama could have said instead of saying "the Cambridge police acted stupidly" even though "Gates is a friend, so I may be a little biased here. I don't know all the facts." while joking about the White House, "here I'd get shot". Aside from pissing off police nationwide and appearing a bit un-Presidential, it also had the effect of taking attention away from what was supposed to be a major health care push.

Update 2: Via the Harvard Crimson - "Damaris J. Taylor '12, alumni and public relations chair for the Harvard Black Students Association, said that based on police reports, he personally didn't think the arrest was racially motivated and that "the officer was just doing his job." But he also said that while the professor may have overreacted or even acted rudely, the police should not have issued an arrest." Hey, someone I agree with. Perhaps views across "the racial divide" don't have to be irreconcilable as is sometimes claimed.







236 Comments

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I didn't want to get into this but as President Obama (admittedly a friend of Skip Gates) just stated that the police acted stupidly and went on about racism in this country, I must say that there are a lot of people of all races that are ignorant of the experiences of the other. I think the police officer acted the same way police will always act towards anyone not complying and shouting abuse at them.

No one denies that everyone has their prejudices and there are hard-core racists even, if not more so among police. But the issue of race is only polarized when it is exaggerated in an incident like this. What about class prejudice that is rampant and unremarked in this country? If Skip Gates was not Prfessor Gates (regardless of his race) he'd probably still be in jail.How does this officer or his family feel when not only Professor Gates, but the press and even the POTUS is calling him racist who acted stupidly?

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The cop did act stupidly. This guy was in his own house. He has witnesses. He showed ID, once it was clear that he was talking to a police officer. He also has the driver that took him there, standing there in a tuxedo, helping him with the door. He has his suitcase and his cane (which he needs to walk with), and is 58 years old.

Sure, he's doing a B & E / robbing the house.

I'm sorry, the cop is an idiot. Did he have to go through the motions? Sure. Did he need to arrest this guy? Only if he's an idiot. Once the guy had provided ID and it had been checked, the officer is only being harassive to do anything to Gates, other than say, "Sorry, false alarm. Have a nice day.", and anybody who beleives differently hasn't put themselves in Gates' situation.

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The cop did act stupidly. This guy was in his own house. He has witnesses. He showed ID, once it was clear that he was talking to a police officer. He also has the driver that took him there, standing there in a tuxedo, helping him with the door. He has his suitcase and his cane (which he needs to walk with), and is 58 years old.

Not one of those statements purports with the facts in the police and news reports.

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I'm just jumping the thread to say thanks for digging up the police report, which isn't referenced in thousands of silly reactions all over the internet.

Even commenters who don't believe a word of that report should applaud Des for shedding more light on this incident than the sum total of so many other blogs and articles in the M$M.

Highly recommended!

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I do know this. Assume this was a white guy coming back from a fun-filled day at the shooting range with his .357 in hand who had had trouble with his lock and been mistaken for a robber by the neighbors. Assume and the cops had entered the house and demanded i.d. and then gotten pissed off and arrested him anyway, even after he showed it to them, because they didn't like him spouting NRA lines about "jack booted thugs."

Does anyone really doubt that all the white wingnut guys on TV who are busily making up facts that would justify the cops' actions would be going full monkey ballistic over this unwarranted (literally) invasion into this man's castle due merely to his exercising his constatootional right to bear arms? Does anyone doubt that Beck and his ilk would be hinting broadly that said white guy would have been within his rights to shoot the cops?

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I did not read the police report till its end, but it clearly states that Gates was found in his own home, and while being a bit of a testy asshole, produced an identification, picture ID of a Harvard faculty.

Then policeman rather than being sorry for misunderstanding called Harvard police to verify, which to me was just an annoying manouver. Sometimes when a policeman cannot pin anything on you then he tries to waste your time. So I did not read how the policeman managed to bring Gates out of the house to make his behavior a PUBLIC nuisance that "startled two pedestrians" (horror!) but it seems to me that both sides went out of their way to annoy the other.

In my opinion, the professional behavior on the side of police would be to finish the investigation as soon as it was clear that no burglary is in progress.

Nevertheless, it would help if Gates learned that white and Indian professors can get annoying treatment from police as well. (Hikers follow a fence with KEEP OUT sign, a policeman comes, informs that entire area near the fence is closed to public, takes drivers licenses and faculty IDs, and then vanishes for 30 minutes to "verify".)

My final conclusion: certain important people, and certain police officers, occasionally exhibit behavior "do you know that I can screw you?". And in the example at hand, Gates was an asshole as a private citizen (who happened to be sick, tied, and in his own "castle"), while the policeman was an asshole "under the color of authority".

In particular, I see no beneficial general purpose policy that would advocate the arrest.

Advantage: Gates.

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Crowley said once he saw the Harvard ID, he called the campus police (that is probably standard) and then he called the information in and began to leave.

You're probably right that the arrest was unnecessary but it is the usual outcome of challenging a cop like that and doesn't appear based on anything other than the fact that the Professor followed the officer outside with his racial tirade and epithets while a crowd was gathering. There is a photo of him being handcuffed on his porch and he appears to be still yelling (the other cops were black and Hispanic, I believe).

In most places, certainly where I live, if someone is standing outside, loudly cursing a cop and refusing to calm down, he'll be taken in. I know people who have been arrested for refusing to show ID for that matter. I don't know why, and I could be completely off-base, but I get the feeling Prof Gates was caught up in experiencing his own subject area. He is now reportedly talking of making a documentary about racial profiling. I hope he thinks better of it if this case is going to be the centerpiece.

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Saying that you are a professor at Harvard and showing a Harvard ID does not help prove that this address is your home. It's possible that Gates didn't/doesn't have a driver's license as a lot of people in the Boston area use public transportation.

I can understand Gates being peeved and provoked. It didn't make sense to arrest Gates at the point he was arrested as other police were on the scene at that time.

Ugly incident all around.

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Yes, the point was that the cop accepted that he lived there and was trying to leave. I don't think he should have been arrested either, but that doesn't mean it was racist or not the usual consequence of berating a police officer out on the street. Disorderly conduct arrests are pretty common.

I’m not defending the police. I was stopped today in a “click-it or ticket check” line, which I believe is unwarranted search. Yesterday, my son and I happened to be in the worst part of town (populated by transients and drug abusers, mostly white and Hispanic) and after a couple of passes, a cop came up with a picture and asked my son to take off his hat for comparison. My son is white as snow and this security cam photo was obviously that of a Latino. He was then asked for ID, run and asked if he knew the guy in the pic (three cruisers pulled up by then). I really didn’t get what was going on, but I’m guessing they just wanted to check him out because of the way he dresses and where we were. A lot of different kinds of profiling goes on, including racial profiling, and I think the police usually go too far anyway.

But reading the news and police reports in this case, it sounds like Prof gates was doing the profiling by going off on this cop and assuming he was racist. The officer, according to the reports, was let into the house by Gates who was already railing at him. When he did show an ID, the officer was satisfied that this was his house and proceeded to leave.

It sounds like the officer remained calm and professional. Prof Gates would not stop and followed the cop outside screaming at him (and even vaguely threatening- ‘you don’t know who you’re messing with’). That sounds like someone just daring a cop to arrest him. They’ll usually oblige; black, white, brown or yellow. This cop and the witness who originally called in the report are being nationally crucified as racists when it appears otherwise.

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I know...I saw that part about the cop realizing that.

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Based on what? Gates never threatened the officers, nor was there any use of fighting words. Threatening a lawsuit or to talk to a cop's superiors is not a crime. Being an asshole is not a crime. Those with the power to lock people up are supposed to exercise it judiciously.

The officer's report (written well after this had shown up on the news), which no doubt places his actions in the best possible light, supports Gates' account. He's an idiot.

For example, Gates' statement is that the officer refused to give him his name and -badge number-. The officer's statement says only that he started to give Gates his name, and then that he told gates that he had already given his name to him twice. Nowhere does the statement say that he actually told Gates his badge number or that he would provide it. (Crowley is a fairly common name-Not O'Brien, mind, but common.) The two statements are quite consistent.

Once the ID came out, the cop should have just said "I'm sorry if I offended you; it's my job to be sure. Have a nice day." If he threatens to go to your bosses, then just tell him to "do what he has to" and then leave quietly. that's it. No media story, no backlash.

Cambridge is going to pay for this one.

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Disorderly conduct. You know the law better than me, Rumpole, but by all accounts, Gates followed Crowley outside continuing to yell at him. I’m not saying anyone should be arrested for that but it happens every day.

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This pretty much covers the legal argument. Pretty clear the officer had no grounds to arrest Gates on that particular charge. Is there a law against hurting a cop's feelings?

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Wrapping his report around the law shows malice in my mind.

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Nah, just basic human CYA and ego perhaps driven by a little too much testosterone and perceived power. If we accused every guy who was an asshole of malice, who would be left to sit on the jury?

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See also:
Commonwealth v. Mulvey
57 Mass. App. Ct. 579 (March 14, 2003)
Police presence in and of itself does not by itself turn an otherwise purely private outburst into disorderly conduct.

The defendant was charged with disorderly conduct for yelling and pacing on private property that was set back from the road in a secluded area. There was no one around at the time except police officers. While the statute requires that the disturbance be such that it had or was likely to have an impact upon people in an area accessible to the public, the presence of police officers alone will not suffice to prove the public element.

In reaching its decision, the Court noted that the rationale behind criminalizing disorderly conduct rests on the belief that a disorderly person can provoke violence in others. Given that an inherent part of police work involves being in the presence of distraught individuals, and given that police officers are trained to maintain order, the Court concluded that police should be the least likely to be provoked. Therefore, police presence alone does not satisfy the public element.

It's better to be polite--always. But these cops did not act appropriately, and they're going to pay for it if he sues. And frankly, he should.

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Thanks for the legal perspective

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I can't argue with that and I imagine Prof Gates would have a good chance in a public case such as this. But for someone so wise in the ways of racial profiling, he sure did push it until they took him in. I'm just saying that in less notable neighborhoods and with less notable people (I've seen people shot by the police for not a lot more antagonism than this) this is SOP for police, and I doubt most people could win a case against them for that (I realize every community has its own misdemeanor regulations and variations). At this point, I hope he does sue. At least the facts will come out and it will likely be deminished as a political issue.

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Gates is not going to sue. He doesn't have a case. Rumpole's example is ridiculous.

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Uh, the so-called ridiculous example is a summary of a reported Mass. S. Ct. decision. Feel free to read it.

So yes, he could, and if you want to look up qualified immunity, there are tons of places to check. Let me save you the headache--he ain't got it.

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Disadvantage: You

Next time read to the end. It wasn't that long.
Instead you're going with the presumptions from Gates' versions, which is exactly why I posted a link to the officer's version after several long post exchanges went on without noting them.

I said: read, comment, argue, vent.

My favorite was, "Gates told me the door was unsecurable due to a recent break attempt at his house."

Re: calling the local campus police, I believe police in campus towns often do this to keep college stuff low-key, letting students be students without escalating, etc.

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The days of taking a police officers word as truth are long behind us; we have police officers lying under oath to thank for that. You can give no more credibility to the officer's statements than Gates'. That leaves us with little to go on. Neither, in my view, exemplified a standard for either of their professions.

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Gotta go with Jonnie on this this one, though cops should be expected to have more restraint than civilians. They should have understood that the man would be a little pissed at being treated like a criminal in his own home and figured out a way to diffuse the situation through the threats at their employ while apologizing for any misunderstanding.

We are their bosses and should be treated accordingly once no criminal activity is detected. The police sound out of line but certainly not racist, though I don't think every complaints about their behavior should be classified as accusing them of that crime.

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Gates was in his home. He was Constitutionally protected. Gates says he has no problem with his neighbor calling police. Gates' problem is with the police. The officer states that Gates "appeared to be" the owner of the home. The maintenance crew ID'ed Gates. Gates was on the phone asking someone to get in touch with the chief of police. Gates knew from a legal standoint that once he crossed the threshold of his home, that there was a possiblity that he could be arrested as a trespassing suspect and taken to jail. The police would have needed a warrant to drag him out of his home. Despite having the proper ID, Gates wound up being arrested, not for trespassing, but for disorderly conduct.

The truth of the tale is that many Whites can step back and take a "clinical" look at the picture and say that Gates should have behaved better , been appreciative, and just shut up. This is understandable. I cannot fully comprehend how deeply some Jewsish people may have felt about the attack on DC Holocaust Museum. The sexism directed at Hillary Clinton had to be pointed out to me. Try as we might, it is difficult to really put ourselves in the other person's shoes.

Whites are unaware that deopending on the community, you may be stopped because the car you are driving is too nice. You may be followed in stores. Taxis may pass you by. As I'm watching CNN's Black in America 2, a Black psychiatrist is talking about the fact that for many White American successful Blacks are virtually invisible. Successful Blacks do not fit the stereotype. You run into Whites who are condescending in their interaction with you
despite being wealthier and better educated then they are. The CNN special also tells the story of a wealthy Black student who was called a n-----r by one of his teachers at Haverford College. Privilege is no barrier to racism.

If you have a series of events occur over time, you much reach a point where you are just sick and tired of being sick and tired. Gates' reaction may have been a reflection of such a series of events. Blacks can relate. Many whites do not.

Most Blacks get understand Gates was coming from in his interaction with the police officer. Gates is home and just wanted to be left alone. Some Whites will pacify themselves by telling themselves that the same thing would have happened to a boisterous White person. Blacks will reflect on shootings of unarmed Blacks by police deparments and tell themselves and be skeptical.

At the end of the day, most Blacks will side with Gates and say despite what Gates said, he was in his home and the police should have just left. The hancuffing was to put Gates in his place. Many Whites will continue to say that Gates should have just just cooperated.

At the end of the day, few minds will be changed.
Two views of the same events.

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From what I can glean from each version, neither man comprehended quickly enough where the other person was coming from.

The cop arrived to investigate a report of a potential crime taking place. If he had walked into a burglary in progress, he could be in danger (if the burglar was armed), right? He can't know that the man who claims he is Gates is in fact Gates. It's his job to cover all the bases and get the information he receives from Gates confirmed by a third party. What if Gates was a burglar posing as the homeowner? The cop can't know anything for sure until he double-checks everything he's being told. The cop doesn't get the necessary information to put the investigation to rest.

Meanwhile, Gates is scared shitless and panics. All he can think is why am I being harassed by the cops? Because I'm black. I didn't do anything wrong! This would never happen to a white man! Who knows what all is going through his head. Interestingly, he reveals that his autonomic nervous system is triggered (he feels the hairs on the back of his neck stand up): In other words, his fight-or-flight response is activated. Sounds like he chose to fight. Not just for himself but for all African Americans, something that would be completely lost on the cop.

Gates never realizes that the cop was there to help in the first place. From the start, Gates fears the cop. His reaction is not rational, although he tries to intellectualize his physiological response. Instead of identifying "fight-or-flight," Gates identifies "black man in America gets fucked by cops."

Cops want to be feared, and yet a fearful reaction is what gets lots of ordinary citizens Tasered.

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I think you've nailed it, RTBG. The problem is that after a truce was called and both parties admitted it was an 'unfortunate incident,' Gates then went out on a crusade against this "racial profiling." He is going to use it politically, otherwise it would have died the quick media death it deserved. Now he has the President of the U.S. implying the Cambridge Police are stupid and racist. The good Reverend Sharpton is coming out now. I don't know this cop, but labeling someone racist who is not that, somehow seems racist itself.

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Your commentary could be considered racist. You are definitely showing a bias against the blacks you mention. Are you a racist? I don't know.

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Your commentary could be considered racist.

No it couldn't.

You are definitely showing a bias against the blacks you mention.

Don Key qualified his statement perfectly with words like "somehow" and "seems" and admitting he wasn't able to come to a "definite" conclusion: I don't know this cop, but labeling someone racist who is not that, somehow seems racist itself.

Are you a racist? I don't know.

Are you an oaf? Because it seems subtlety is not your strong suit.

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"Gates then went out on a crusade against this "racial profiling." He is going to use it politically, otherwise it would have died the quick media death it deserved. Now he has the President of the U.S. implying the Cambridge Police are stupid and racist. The good Reverend Sharpton is coming out now."

This is inflammatory rhetoric. Is it race based or politically based? You tell me.

As far as me being an oaf, if my words are blunt that does not make me stupid, uncultured or a clumsy person. It only shows your lack of comprehension as to the words you choose.

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It's not inflammatory when you restore the part where Don Key says, The problem is that after a truce was called and both parties admitted it was an 'unfortunate incident'...

For some reason you left that part of his comment out. I guess because it's the part that modulates the tone.

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And I always thought it was totally useless to argue with an oaf like jonnienohands, but...

During this exchange I noticed that my moniker has the same consonants in the same order as readytoblowagasket!

Rutabaga...

readytoblowagasket...

Who knew?

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Nice to have a kind remark from TPM'S version of Rush Limbaugh.

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"...that does not make me stupid, uncultured or a clumsy person."

I agree that "oaf" isn't exactly the right epithet for jonnienohands. In my bar-crawling post-adoloescence, I drank beer and shot pool with all sorts of relatively oafish individuals, and a good time was had by all.

But when jonnienohands accuses a commenter like Don Key of racism, on the basis of nothing, "oaf" is too good a word, which gasket substituted for something more accurate, with her usual délicatesse.

jonnienohands is just a nasty little jerk.

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Why do you insist that his comments could not be considered racist. When quite obviously they could be. None of these little asides you've mentioned negate the impact of his questioning the motivations of three black men. Don is a big boy. He doesn't need your feeble excuses. If he has a problem with what I've written he can certainly respond to me.

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Am I going to respond to your question- am I a racist? Wouldn't you rather know when I last beat my wife? How about you? Are you disabled or an expert cyclist or is your moniker just a joke on disabled people?

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I was born with no hands. I don't see what relevance that has to this thread.

I merely suggested your words could be perceived as racist commentary. I also offered political bias as a reason for your vitriol.

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Well, I meant no offense (and actually thought it had something to do with cycling because I've seen that nickname before in that context). But the question was simply meant as an example of your question to me.
On the political side, I do have a political bias against Sharpton in these kinds of situations (though I liked him as a candidate). And I do have a problem (more an open question really) with one of Professor Gate's projects, though I think he's an established scholar. I think that, after the fact here, Prof Gates is making political hay out of this, but I don't see how any of that translates into questioning whether I'm racist.

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I did not question whether you were a racist. It may have appeared so, but it was not my intention. There is much irony in the fact that the comments based on this story, which is 1 part fact and 9 parts perception, has led to my having to defend a perceived bias. Gasket had part of it right, I'm not subtle in my approach. I used your comment because it exemplified the discussion, it could be read several ways.
I used your comment as a rhetorical device. If you were offended, you have my sincerest apologies.
I pride myself on helping others and strive to do no harm. Thank you for your considered response.

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Me too and thanks. I was clumsy in trying to say the same thing (that your questions could be read with different intents). Political correctness sometimes ends up causing more miscommunication and division than resolving it. I was questioning the political results more than the motivations of those three. Anyway, peace. We're probably closer in our thinking than it comes out.

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Didn't the president say "The Cambridge police acted stupidly?"

That's not implying that they are stupid. That's stating that the act was stupid. There is a difference, as any child psychologist will tell you.

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The computer ate my reply, Orlando, but suffice it to say that I should have said “acted stupidly.” And, in response to Jason, I think the President was implying that this was a case of racial profiling. I think the President’s comments are impolitic to say the least and are probably more divisive on the issue of race. He is standing by his remarks today and still doesn’t have the facts- "...to handcuff a guy, a middle-aged man who uses a cane, who's in his own home," Obama said.

Obama talked about racial profiling in the context of this case, implying that this officer who actually teaches anti-racial profiling classes to other police officers and tried to save a black basketball player’s life with mouth to mouth CPR, was racist here. Witness accounts say that the officer was calm but Prof Gates would not stop yelling. The PD says that the radio transmission was recorded and Gates yelling epithets is all that is heard. That the officer did not respond in kind when he is being called racist and his mother insulted, etc. would seem to show that he wasn’t acting out of anger or vengeance. I have a definition of disorderly conduct below and how it’s usually used (and I agree, often abused) by law enforcement but this case does not sound extraordinary in any way.

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Obama said the cops acted stupidly AND that racial profiling may in fact have occurred.

From the moment the officer was called to the scene with a black suspect in mind and found a black resident in the home, the idea that a mistake could be made is hardly controversial. That the president said the police officer acted stupidly is not a charge of racism but a statement of fact. The man did act stupidly and should have known the law better.

An allegation of implied meaning isn't the same thing as a confirmation of actual meaning.

I think it is safe to assume that unless Barack said, "Those cops are racists for harassing my black friend in his black home..." he probably doesn't think that is the case and wasn't implying anything of the sort. Obama has always seemed to seek a greater understanding on all of our parts with regards to matters of race as far as I can tell. He may have made some moves I disagree with, but this isn't one of them.

I saw him using this incident as another learning opportunity for all involved and not as a way to accuse either party of anything beyond being stupid. A charge that none of us can escape.

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Obama didn't call the cop a racist, though he did say he acted stupidly. I would tend to agree with that assessment. He then took up the charges his friend leveled about how racial profiling may have happened initially in this case and still happens every day in every city in America.

That still isn't calling anyone a racist and certainly could have been the case. We'll never know as no one would ever tell the truth.

I think that even if a "truce" was called, a police officer has the obligation to defuse situations like that without arresting people or getting hot under the collar. Disorderly conduct, absent some other mitigating factor like alcohol or drugs, should be a ticket with a hefty fine. Teach them a lesson about being a dick, but don't arrest them.

I think the guy over-reacted, which was stupid, which is what the president seemed to be commenting on.

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Meanwhile, Gates is scared shitless and panics. All he can think is why am I being harassed by the cops?

Bullshit. Gates wasn't scared or panicky. He was irritated by a cop who decided to "put him in his place" after the uppity black man asks him for his badge number. Your assumption that Gates was scared is based on your stereotypes and biases, not personal knowledge of Skip Gates.

I can't claim to know Gates, but I have met him on several occasions. He's a man firmly in control of himself and would not have "panicked" when confronted by an obnoxious cop. He wanted the badge number to file a complaint. When he followed the cop onto his porch, the cop slapped the cuffs on with a jacked up disorderly charge.

Gates never realizes that the cop was there to help in the first place. From the start, Gates fears the cop.

Bullshit again. Gates realized from the start why the cop was there. When he went to get his ID, the cop followed him into the house uninvited, which would piss off anyone. It was the cop's subsequent actions that exacerbated the situation, not Gates' understandable outrage.

You're giving the cop a pass for unprofessional and illegal behavior. Don't blame the outraged citizen. Blame the cop who was trying to cover his ass and avoid the complaint from the outraged citizen with a trumped up arrest that was bounced by his superiors when they got wind of the inevitable shitstorm.

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Still, the cop had a photo ID and lots of other reasons to assume this wasn't such a dangerous situation. A certain amount of caution going in is understood, but to continue to act as if something criminal is going on after confirmation there isn't was where the officer went wrong. At that point, Gates was a civilian in a nice house with Harvard ID.

A politically astute cop would have apologized for the inconvenience and left. He would have either ignored or simply used different tactics to defuse Gates misplaced anger and/or fear. He certainly wouldn't have made a bad situation worse by arresting a man for mouthing off.

That sounds like dick waving to me.

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Ha! Yes, it sounds like that to me too.

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Really? He can do anything he wants as long as he's on his property?

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First, I do not see much utility in calling Harvard police, even if this is a "standard procedure". Second, a cop could choose to be consiliatory or annoying, and according to his report, he was somewhat annoying, and very much so according to Gates.

Also, the fact that Gates did not calm down EVEN AFTER BEING HANDCUFFED does not strike me as strange. Points for the police: they did not slam his face on the pavement, or taze him, after all, Cambridge is a progressive community, much more so than, say, Austin, Texas.

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For those who didn't make it through the police report, the cop does seem to identify himself as "Sgt. Crowley from the Cambridge Police" and that he was "investigating a report of a break in progress". At that point it seems Gates had not handed over his ID and instead was calling the chief of police to complain. The officer recognized that Gates was likely a resident but did not understand Gates' attitude.

When Gates gave him his University ID, the cop called the Cambridge University police, probably to turn it over to them and the University likes to handle its own. Etc., etc.

Presumably police dispatch should have recordings of quite a lot of that.

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There are pretty big discrepancies in the two accounts (Gates says he gave his license for instance). Why is it that only the cop's narrative seems to count here. You put both statements up saying both should be given a fair hearing, but only treat one party as if they are honest. What basis do you have to imply the cop telling the truth, and not Gates?

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COPS DON'T LIE. LMAO

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Everyone ignored the cop's version in 2 or 3 posts here at TPM. I'm providing some balance. Sure, it could be the cop's completely lying, or both are a bit confused.

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I read the officer's report when this story first broke.

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KGB,
The discrepancies by and large don’t go to the issue of whether Gates followed the officer outside yelling at him causing a public disturbance. Gates has made conflicting statements about this (at one point, saying he could not yell at all because of a bronchial infection, whereas a witness who took the picture of him being arrested from across the street says Prof Gates was yelling and agitated but that the police seemed calm (the picture supports both of those contentions).

Gates and Crowley booth say that Crowley accepted that he was who he was whether he showed a DL or not, so it isn’t an issue. Again, I think the arrest was ill-advised though routine when a cop is challenged, but there is no evidence (other than Prof Gate’s screaming it) that this was racially motivated. BTW, Crowley happens to be the guy who rushed out and gave Reggie Lewis, the (AA) Boston Celtic basketball player, mouth to mouth resuscitation when he collapsed and died back in the ‘90s. Just sayin.

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If you read the police report, Crowley is clear Gates never left his own porch. If you read my comments, it's pretty clear I don't think it was racism. However, it was false arrest.

What Crowley attempted was an intentional set up that I have personally seen an officer (Fairfax County) train our security guards to emulate - including how to creatively write up the report to maximize the likelihood of conviction.

The whole point is to get an individual who is angry onto public property so you can take them down. If he had gotten Gates to come to the sidewalk, Gates would be screwed. He didn't. On the porch is still on private property - Crowley let anger get the better of him and screwed up. Without some sort of plausible indicator of violent intent, simply yelling from your own porch isn't a crime ... even yelling at a cop. A local jury might convict, but it would never withstand an appeal.

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Seems like you don't like to read anything but the police report (which couldn't possibly contain any mendacity, could it?): according to Gates, he was on the phone with the property manager when the cop showed up. This was confirmed by the property manager in other reports. If you were a burglar, would you be using the house phone when the cops show up? (of course, if you were a burglar, would you be 60 years old with a cane? Wait. Reverse that: if you were 60 years old with a cane recovering from hip replacement surgery, would you be a burglar?)

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Observation skills are not part of a police officers job. Those limping guys can run fast:)

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LOL

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Gates is a nightmare.

There are some people you never want to be in an emergency situation with. Henry Louis Gates is one of those people. Judging by the direct quotes the cop gives in his report, it appears Gates has not a shred of common sense, and that actually makes the cop's story more credible.

Here's a multiple-choice test for the academic crowd: If you know that black men are subjected to higher levels of arrest, harassment, and abuse by cops, what's the first thing you should do when confronted by the police?

A) Scream at a cop who has arrived to investigate a potential crime at your house.
B) Accuse a cop of racism.
C) Ask the cop why he wants you to come outside and speak with him, using the phrase, "Why? Because I'm a black man in America?"
D) Tell the cop he doesn't know who he's messing with as you speed-dial an assistant to get the chief of police (whose name escapes you) on the horn pronto!
E) All of the above.

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I suppose he should of just kow-towed and apologized for causing the police to come out there for nothing. Maybe offer them some lemonade.

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YASSA MASSA.

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F) The officer covered his ass in the report.

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Based on what? Gates never threatened the officers, nor was there any use of fighting words. Threatening a lawsuit or to talk to a cop's superiors is not a crime. Being an asshole is not a crime. Those with the power to lock people up are supposed to exercise it judiciously.

The officer's report (written well after this had shown up on the news), which no doubt places his actions in the best possible light, supports Gates' account. He's an idiot.

For example, Gates' statement is that the officer refused to give him his name and -badge number-. The officer's statement says only that he started to give Gates his name, and then that he told gates that he had already given his name to him twice. Nowhere does the statement say that he actually told Gates his badge number or that he would provide it. (Crowley is a fairly common name-Not O'Brien, mind, but common.) The two statements are quite consistent.

Once the ID came out, the cop should have just said "I'm sorry if I offended you; it's my job to be sure. Have a nice day." If he threatens to go to your bosses, then just tell him to "do what he has to" and then leave quietly. that's it. No media story, no backlash.

Cambridge is going to pay for this one.

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As Earl Ofari Hutchinson says, some will never admit there is such a thing as racial profiling.

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So, when a black man is reported breaking into a house, and the police arrive, they shouldn't question the black man standing inside?

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Not if it's Henry Louis Gates.

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Priceless!

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No, they should question him. But once its beyond dispute that he resides in the homse, they should get the hell outta there. No matter what anyone says about this case, he was arrested for causing a disturbance in a "public space", which is pretty tough to do from your own house.

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I do believe they were trying to leave here, but I agree that cops should be more tough-skinned and objective about those who berate or abuse them and consider the circumstance. But I will most certainly be arrested if I step out onto my porch naked, squawking and doing a chicken dance (whereas, I do that all the time inside my house).

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Yeah, at least put some pee-stained undies on if you're gonna do that in the yard.

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I have no reply to your rapier wit and considerable powers of debate, Dorn. Give me a call when you have something to say.

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Oh Ready, your analysis is a nightmare.

It was 12:30 in the afternoon...and Gates could have stood on his porch and sang f-the police naked {ok maybe not f-the police and maybe not naked} or whatever. He was not a threat to anyone. Nor was peace being disturbed. {I've lived in that area} No riots were gonna break out on Ware street.

The sergeant arrested him on his own porch. The sergeant effed-up. I mention Sergeant because it was his job to handle the situation. He failed. I don't know why...but he did.

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Do you know what Cambridge police protocol is for handling situations that get out of hand? I don't happen to know myself, but I do know there would be specific steps the officer would be required to take. What we don't yet know is whether the officer handled the situation properly or not, at least according to department procedure.

Therefore, we don't yet have enough information to come to your conclusion that the sergeant "effed-up."

Obviously, it was bad PR, but that's actually irrelevant.

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You would call an elderly gentleman standing on his own porch speaking their mind loudly, clearly with no intent of moving off their own property, a situation that was "out of hand"?

What would have the impact on society been if the officer had simply gotten in their squad car and driven away? Isn't it pretty likely that the guy would have stopped being "boisterous"?

Ever heard of the 1st Amendment? Americans used to fight to defend it.

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You would call an elderly gentleman standing on his own porch speaking their mind loudly, clearly with no intent of moving off their own property, a situation that was "out of hand"?

Both sides have admitted the situation was "out of hand," so I'm going by their own admissions. They actually both agree on that point.

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Out of hand from an interpersonal standpoint is significantly different than out of hand from a law enforcement standpoint.

The officer is required to make an assessment based on danger to the community and violation of law.

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Here you go: Obama is using the term "out of hand" too. I guess Obama is "following" me at TPM.

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Again, "Out of hand" means something different when you are talking about a law enforcement situation. Millions of people can discuss the interpersonal aspect of the confrontation - using whatever words they choose - and it doesn't change the officer's responsibility to define his actions based on danger to the community and violation of law.

So you never answered the question: What would have the impact on the community been if the officer had simply driven away? Is there even a remote chance that Gates would have broken any laws or placed himself or others in danger? If so, under what scenario?

If not, then from a law enforcement standpoint, the situation was simply not out of hand. There was no risk beyond the officer's feeling he had lost face in an interpersonal conflict; engaging in which is beneath a truly professional law enforcement officer.

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I didn't answer your question because I don't owe you an answer. I'm not interested in your hypothetical scenarios, I'm interested in what actually happened.

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Such a hypothetical scenario is the only one under which Crowley's actions would be legal.

It's OK ... I know you have a physical inability to admit when you are wrong. [pats horribly misinformed fellow commenter on shoulder]

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LOL! You have no idea what the hell you're talking about. If Crowley did something illegal, then Gates can file a lawsuit against him. That's what courts are for.

Until a lawsuit is filed or until Crowley is disciplined, your hypothetical is moot.

Here's a hypothetical for you: There won't be a lawsuit because Gates did not behave in a way that he will want rehashed and revealed in excruciating witness-stand detail in a courtroom. This is already abundantly clear, or else Gates would be threatening a lawsuit. That tells us Gates may have been even more abusive than Crowley in fact reported.

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Abusive? Insulting perhaps, but far from abusive. Verbal abuse takes an extended period of time under very personal circumstances. As big of an asshole as Gates' apparently was in this situation, he was hardly being abusive.

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And BTW:

Prosecutors announced the decision to drop the charge on Tuesday, following a recommendation by police.

I'd say that's a pretty good indicator the charges were bogus. Seems pretty much all over but the cash settlement the good people of Cambridge will likely have to pay as a result of this poor excuse for an officer.

Hopefully Gates gives the money to an organization that pursues actions against bad cops.

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No, it's not an indicator that the charge is bogus. The Cambridge Police have a close relationship with Harvard and its community, and causing a big antagonistic stir with its pre-eminent black scholar is a PR headache and definitely not worth the trouble.

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So they would drop substantiated charges to mollify their relationship with campus police, that's laughable.

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Bullshit. Every community has people too big to bust on petty charges. Was Cynthia McKinney ever charged for hitting a cop? Does that prove she didn't do it?

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Well, at least you acknowledge the charges were petty.

But as I recall, Cynthia McKinney's case went to a grand jury. That means charges were referred. The grand jury decided there wasn't evidence to hand up an indictment.

In the case of Gates, the police and the DA declined to move the process forward - you do see the difference, right?

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So they make procedural exceptions based on status, if one's status is perceived to be high and would never make procedural make procedural exceptions if one's status were perceived to be low. That makes perfect sense; how about they just follow procedure?

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That's a nice dodge which leaves open the possibility Gates did something worth arresting him for. Sorry, try again.

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Dude, the charge was bogus.

1) They were not in a "public place." The porch, yard and other surrounding land, "curtilage" in legalese, are legally exactly the same as your house.

2) Under state law, "To be disorderly, within the sense of the statute [that Gates was charged with violating], the conduct must disturb through acts other than speech; neither a provocative nor a foul mouth transgresses the statute." Commonwealth v. LePore, 40 Mass. App. Ct. 543 , 546 (1996). Thus, in Commonwealth v. Lopiano, 60 Mass. App. 723, 805 N.E.2d 522, 525 (2004), the Massachusetts Court of Appeals found no "violent or tumultuous behavior," where the defendant, "flailed his arms and shouted at the police" about alleged violations of his civil rights upon being informed he was being summonsed to court (but not arrested) for assault and battery.

Is it too much to expect a cop to be aware of such fine points of the law? I think not when the law in question is "disturbance of the peace," the police officer's all purpose tool for running somebody in for pissing him off.

It's a bullshit arrest and the reports are transparent exercises in after-the-fact ass-coverage. I especially liked the part where both officer's versions aligned perfectly with each other.

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I would say that pretty much covers it from a legal standpoint. Now it's all a matter of who the biggest asshole was. I still pick the police officer who should have known the laws he is meant to enforce.

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Thanks for this, I had wondered how the word tumultuous ended up in a police report. He wrapped his report around the law. This places the officer in a not so innocent position.

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Steve, you can be charged with disorderly conduct in your home or at least that's the case in New York. If you are screaming on your front lawn or porch or blaring music and refuse to comply with an order to tone it down, you can get charged. Is it different in Boston or North Carolina?

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{{{{{crickets}}}}}

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In short, yes.

Via Slate:


Q: ... What, exactly, is disorderly conduct?
A: Behavior that might cause a riot. Massachusetts courts have limited the definition of disorderly conduct to: fighting or threatening, violent or tumultuous behavior, or creating a hazardous or physically offensive condition for no legitimate purpose other than to cause public annoyance or alarm.

This is quite obviously not meant to cover mere shouting.

Crowley chose the word "tumultuous" in his rather awkward phrasing in the report because it was the only one that could possibly pass muster -- in all likelihood, it is police fraternity internal knowledge as the "whatever you want it to mean" word. (Of course, a "tumult" actually means the agitation of a crowd.)

Gates' behaviour, while certainly disrespectful, loud, belligerent even (if we trust Crowley's statement, which I am inclined to do to a degree), does not fall under this criteria.

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You might have noticed that the guy handling that explainer was from the ACLU. Facts: there was a crowd outside the front door. Gates was repeatedly warned to calm down and stop being disorderly. The office gave a final warning and took handcuffs out. He finally arrested Gates.

There is a difference between could and should. To say the officer SHOULD not have arrested Gates says that he used poor discretion in making the decision to arrest. To say the officer COULD not have arrested Gates or the arrest was illegal is not justified by the known facts. People get arrested for much less than his behavior everyday. I think the arrest was a bad use of discretion because I am opposed to stupid quality of life crimes that don't endanger the public. But you are misinformed if you think anyone other than Prof. Gates would have the case dropped in these circumstances or people are allowed to behave the way he did with no repercussions. Different rules for different classes of people.

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The crowd outside the door has absolutely nothing to do with this, unless you are saying that Gates was successfully agitating the crowd to riot.

And, ACLU or not, they are talking about actual case law, not your extrapolations. Separate similar accounts of Massachusetts law were linked to by at least in two other occasions on the board (by JEM and I-forget-who), so I really do not think the interpretation is in any way questionable.
He fucked up, plain and simple. It is not an unforgivable offence, nor was it -- in my opinion -- racially charged. I could say many a thing about Gates' behaviour, for I have no problems believing he was belligerent in the end at least, but there is a huge difference between the responsibilities and duties of a private citizen and a police officer.

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If he COULD not have arrested Gates, then he wouldn't be receiving the backing of his Police Department and Gates would sue for wrongful arrest. But he won't because he has no case. Steve's a lawyer so he's going to cite (and interpret) case law to support his desired outcome. That's what lawyers do. If this case went to trial, a lawyer like Steve would make the argument to the court that Gates' actions didn't rise to the level of disorderly conduct.

No one in any position of authority in MA has even questioned whether the officer had legal authority to arrest for disorderly conduct given the circumstances. Period. Any definitive statements that the cop made an illegal arrest are ill-informed.

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(Not sure if "releasing Gates right away and dropping charges" qualifies as "support" by the P.D.)

I have been careful with my wording, I hope, and NCSteve undoubtedly has if you are referring to him.

I stated above that the arrest was unlawful, which is not the same as illegal. On the other hand, Gates did not do anything illegal, and should therefore not have been arrested.

Based on the available, conflicting stories, Gates should not try to press charges - I trust that you see I have not called for such - but his lawyer would not be doing his job if he failed to investigate whether there was wrongdoing. Private apologies are in order, and police departments all around should take note to bone up on conflict resolution and revisit their role as public trustees.

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If Cambridge police protocol is to arrest Gates in this instance then we know why the Sergeant effed-up. Because he was trained to by bad protocol.

It seems you cannot admit this was an Eff-up by the police.

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If Cambridge police protocol is to arrest Gates in this instance then we know why the Sergeant effed-up. Because he was trained to by bad protocol.

It seems you cannot admit this was an Eff-up by the police.

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Ahh thats his spokesperson spinning it palatable for those who can't handle that the police effed-up. Here's the man himself:

http://tpmdc.talkingpointsmemo.com/2009/07/obama-i-am-surprise-by-the-controversy-over-my-comments-on-gates-arrest.php

"I have to say I am surprised by the controversy surrounding my statement because I think it was a pretty straight forward commentary that you probably don't need to handcuff a guy, a middle-aged man who uses a cane, who's in his own home," Obama said.

...

"I think that I have extraordinary respect for the difficulties of the job that police officers do," the president told Moran. "And my suspicion is that words were exchanged between the police officer and Mr. Gates and that everybody should have just settled down and cooler heads should have prevailed. That's my suspicion."

The president said he understands the sergeant who arrested Gates is an "outstanding police officer." But he added that with all that's going on in the country with health care and the economy and the wars abroad, "it doesn't make sense to arrest a guy in his own home if he's not causing a serious disturbance."

But I don't care what the president's views are as far as my own assessment goes;
Gates should not have been arrested.

If you think he should have been arrested or that maybe he should have been arrested, fine. I hope you have no decision making power in these matters because I question your judgement.

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Here's my take on the officer's report:

The officer makes a factual misrepresentation in the first sentence. The incident happened in Gates' home and the arrest occurred on Gates' porch. There are pictures of him being taken off his porch in handcuffs. The officer represents that this happened in a public place, a requisite for an arrest on the trumped-up charge he decided to use as justification. Being in the view or within earshot of the public does not make private property public. The officer had to return to the citizen's land, and climb their stairs to make the arrest.

It's simple. An American on their own property can be boisterous, angry, insulting, demeaning, and insistent that another person leave or that they provide a badge number if they have physically entered a private home without a warrant. Once it was settled that this was the lawful resident of the private property and that the original call had been a misunderstanding and no crime had been committed, there was no longer probable cause. The only legal course of action would be for the officer to fully identify themselves by providing their state-issued officer ID number, ignore what he felt to be insults and leave the private property. By his own account, the officer never provided his state-issued ID number.

There was also no imperative to have an in-depth radio conversation with dispatch at that point. A simple "This situation is 10-22, in contact with resident. Will advise." would have been appropriate. It would be interesting to hear the dispatch tapes to see what exactly the officer felt was so important. Considering it was not possible for the events as described to unfold with the officer actually making radio calls, this is likely false reporting.

Any time I've asked for a badge number, the officer responded that if I wanted to make things difficult, I'd learn just how difficult they could really be. The badge # is a power trip. Usually the officer makes some bluster, takes the hint that you know your rights and backs off - but don't give the number (longhairs also get the business occasionally). While the officer uses the word "name" in the report, there were enough witnesses that I'd imagine Gates' assertion that he was demanding a badge number would be borne out - which would be another incident of questionable, if not flat out false, reporting.

So, according to his own account, the officer told an upset man demanding his badge number that he would speak to him outside; insisted that if Gates wanted further information that he must follow. The officer led Gates to a location where he felt he could take the upper hand, and told him to get back in his place. When Gates didn't, as would be predictable, the officer showed him his place - under arrest (ha! placed under arrest ... get it? oh, never mind).

What the officer did was conduct an ego-based false arrest (based on the smooth setup, unlikely his first). A security guard with 2 days training knows this. A cop simply doesn't care because there is rarely, if ever, repercussion for their actions. No matter how far outside their mandate they go, there is always some bonehead eager to lend a ready excuse in the victim's tone of voice, lack of deference, or "aggressive" demeanor. This time, there were repercussions.

Obama was right, the officer's decision to pick this fight was stupid; he already lost when Gates didn't take his "step out on the sidewalk" bait. Officers like this should be removed from the force. They place law abiding citizens at risk and cost the taxpayers lots of money.

The question if gates is a total schmuck or not (my take is yeah, he's a prick) is irrelevant. A professional officer would not have allowed the situation to escalate to an arrest. A professional would have provided a badge number and walked away to diffuse the situation; allowing a different officer to handle calming the upset citizen down if necessary. This arrest occurred because the officer wanted to punish someone who wouldn't shut up when told, not because of a legitimate crime.

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So did you catch the picture that definitively showed Obama checking out a girl's ass?

The officer stated that they got Gates' cane for him and they discussed who will secure his house in his absence and they switched the handcuffs from behind his back to in front when they were too tight/inconvenient for his limp. Did Gates go back in the house during this? Possibly, we don't know. There were presumably lots of officers and other observers at that point, and the difference between his being on his porch and near the sidewalk would be pretty easy to confirm.

Sgt. Crowley states that he gave his name several times, and finally got tired of trying to speak over Gates. True? I have no idea. I have 2 versions, Gates' & Crowley's. Presumably there are some dispatch recordings to confirm or refute Crowley, and possibly Gates' when he tried to call the Chief of Police.

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Did you even read the Crowley's police report? It clearly states, and I quote:

I then stepped up the stairs, onto the porch, and attempted to place handcuffs on Gates.

You are debating a point even the officer doesn't question. He tried to draw Gates out on to the sidewalk, when Gates didn't follow and kept making loud demands ... the officer returned to the property to make an arrest. Gates never left his own porch according to the officer's report.

You are bending over backwards to try and create ambiguity where little exists.

Having a bit more experience with incident reports than you seem to, I see cause for concern in Crowley's report. It would appear that both Crowley's superiors and the DA agree with me because they dropped all charges.

Now, as a result of this guy's ego - the city finds themselves in a very actionable position ... having to pay lawyers to prep a defense for the inevitable civil case and likely a settlement. As I said, his actions put law abiding citizens at risk (Gates IS a law abiding citizen, despite becoming irate) and will cost the taxpayers tons of money.

His actions are not a credit to the force.

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I've read both accounts and remain confused about the circumstances of the officer entering the home--that is, crossing the threshold. In the officer's statement, he does say he notified his dispatch that he was "off in the residence" and this apparently occurred (according to the Prof) when the Prof closed the front door and went into the kitchen to get his ID.

Was an invitation extended to this officer? If the officer entered uninvited, I can certainly imagine the resident getting very annoyed.

This really looks like the crux of the whole incident. I'm very suspicious of the officer's statement because this has been left very unclear. Advantage: Gates.

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Great analysis. After reading many of the posts, it's apparent that most of those commenting haven't taken the time to read both parties accounts of what happened and then provide objective commentary. That why I appreciate your comments. The officer should have walked away. That would have been the professional thing to do, leaving professor Gates to contemplate his own overreaction. I also believe that the President was correct in calling the Cambridge Police Department stupid for allowing this to happen. Of all the officers that converged on the home of Dr. Gates, not one step forward and said to Sgt. Crowley at the time of the arrest that it was a bad idea to escalate the situation further. I'm always amazed at how unprofesional or bad behavior usually goes unchallenged by ones peers during situations like this or like in the case of Rodney King being beat. Why is this? I'm sure the officer regrets his actions now, despite refusing to apologize(which is further stupidity).

This story is growing daily and Dr. Gates is considering legal action. Regardless of what he decides to do, I think this is a great teaching moment for everyone in America. Civility and respect should be emphasized more among the nations police departments. Rather than sitting in the squad car for an entire shift waiting for something to jump off, get out and engage the community. Get to know the people.

With that said this could've easily gone as follows:

As Dr. Gates turns around to face the front door after being on the phone, he sees Sgt. Crowley walking up and he greets him at the door saying "hey Jim is that you? What's happening?" And Sgt. Crowley responds, "We got a call about a someone breaking into your home. Is everything ok?" "Yep. It is now. I had problems getting my front door open. That must've prompted the call to you guys. Thanks for showing up so quickly", Gates replies. "No problem says Sgt Crowley. "It's good to see that everything is okay. Take care Skip." "You to Jim" replies Skip Gates as Sgt. Crowley returns to his car and drives off. - The End

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KGB999 writes - "It's simple. An American on their own property can be boisterous, angry, insulting, demeaning, and insistent that another person leave or that they provide a badge number if they have physically entered a private home without a warrant."

Really? If on your own property you can do anything you want? Think again.

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No, they can be "an be boisterous, angry, insulting, demeaning, and insistent...."

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Glad you are here, my shoulder was getting sore from all the typing.

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Just keeping it real, but my shoulders are taking a beating as well. :O)

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You can get arrested for things even when done within the bounds of your own private property

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You can't get arrested for being "boisterous, angry, insulting, demeaning, and insistent" though.

As far as I can tell from the laws on the books, that such behavior is still legal absent other circumstances. The cop was wrong and I am surprised to find someone who seems be mostly old school conservative justifying such an abuse of authority because the professor hurt his feelings.

We need to stop this sort of shit before it gets even more out of hand than it already is.

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I think we have established you certainly can get arrested for it :)

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True, but not legally.

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Would you care to share with us what the actual law says that makes you think it wasn't right for him to be arrested?

My understanding is that the law itself is intentionally very vague as most laws are. It cites actions including "disturbers of the peace" and "keepers of noisy and disorderly houses" that are crimes punishable by fines and/or jail time

http://www.mass.gov/legis/laws/mgl/272-53.htm


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At least one actual ruling by the Massachusetts's court was cited here. Even the definition you provided doesn't seem to fit this particular situation when judged against the applicable case law.

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I don't think it's that clear cut. The section of the law I provided seems to provide enough latitude with respect to disturbance of the peace.

I don't think that one single case you cite can be used as the basis for all other instances. Is not clear that the actions performed by the defendants in the other case were the same as what Gates was doing.

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Laws are interpreted via precedent set by the state courts. Those rulings, typically single rulings, are what eventually make it to the supreme court and set the laws of the nation.

The original law was written with a certain latitude that have been circumscribed by the courts as provided by the cited case law. We don't want police officers deciding on their own how to interpret the laws they are sworn to uphold.

We have the judicial system to further refine our understanding of laws passed by the legislative branches of government, both at the state and federal levels.

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Did you bother to check to see if there are any other precedent cases that might have supported the police officer's actions?

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There were presumably lots of officers and other observers at that point, and the difference between his being on his porch and near the sidewalk would be pretty easy to confirm.
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From Crowley's police report, "I then stepped up the stairs, onto the porch and attempted to put handcuffs on Gates."

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Good point, that whole sequence confirms that Gates was on the porch during the arrest. Again, I don't contend the officer was clever or necessarily warranted in arresting Gates, and I think they could have all slipped off with Gates screaming, "Come back here, I'll bite your legs off". Perhaps Monty Python and the Holy Grail should be required viewing for police conflict avoidance techniques.

But Mr. Gates might need a training film on "when the police have a right and duty to carry out their jobs, and when citizens have the duty to cooperate and not impede an investigation".

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You cherry picked the Crimson article from the Crimson:
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Students interviewed were wary of passing judgment on police or the professor without more definitive information, but several said that the professor had been treated unfairly. Kyle A. Martin '11, a proctor at Harvard for the summer, said "it certainly would appear to me to be some sort of racial bias against Professor Gates exhibited by the police officer." And Amaka C. Uzoh '11, an intern at the Harvard Foundation for Intercultural and Race Relations, said that she sympathized with Gates and that he did not deserve to face charges from police.

"Those actions definitely have a racial precedent," Uzoh said. "It's not uncommon, it has even happened to me in California." She added that in the past, she and her parents have been pulled over while driving for police questioning about how they obtained their vehicle. "Black men especially are sometimes questioned by police unnecessarily," Uzoh said.

Faculty in the department of African and African American Studies interviewed Tuesday commented more explicitly about the persistence of racial profiling in American society, noting that the police actions were indicative of a lapse of communication and racial understanding plaguing much of the country.

"This is not all that surprising that this would happen to an African American man, and even to somebody of Skip Gates' stature," said James H. Sidanius, a psychology and African American studies professor whose area of study includes institutional discrimination and group conflict. "These things happen all too often, where African Americans are disproportionally stopped by police more than others, disproportionally detained for arrest, and disproportionately found guilty and sentenced to prison."

Sidanius said he believes the incident should have stopped when Gates provided the officer with his Harvard identification and driver's license as proof that he lived in the home, and "the fact it went beyond that is unsettling."

Walter Johnson, another African American studies professor, wrote in an e-mailed statement that the charge of disorderly conduct in one's own home was absurd and that "the structure of ideas and institutions which render such action commonsensical in this society are appalling." And Michèle Lamont, a sociology and African American studies professor who specializes in American race relations, called the arrest "egregious" and said that the incident helped expose the need for broader racial dialogue not only within the Harvard community but also in the broader Cambridge area.

Lamont noted that "Boston is not reputed to have perfectly warm interracial relationships."
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You tend to take the position of the police officer. I tend to believe the almost 60 year old
guy with the limp. Police need more training to help them realize the history of Black-police interactions . Even "privileged" Blacks have issues with police.

As I said, at the end of the day Black-White perceptions on this issue will remain unchanged. Nothing will be accomplished as a result of this incident. Even the President's initial reaction sides with Gates. Tom Joyner, DL Hughley and most others interview in the run-up to the CNN Black in America 2 documentary sided with Gates. Feel free to isolate on the Black who hold to your position. But think about it, you are in effect dismissing the continuing racial divide. It is uncomfortable for me to read how harsh some Whites appear to be on Gates' reaction here, but I am not dismissing their responses. You cherry-pick an answer from one African-American, to minimize the response from a larger group of people. You change Obama's words to fit your liking without blinking. The divide has to be addressed. When are we going to tackle this huge issue?