Everyone has an opinion on Gates v. Cambridge Police. 99% of those opinions are based on what people perceive to be the law, not the law.
I am not going to get into was it a race-base arrest or not. The bottom line is that launching profanities at a cop, is not a crime in the state I reside in, Massachusetts. The cop did not know or ignored the law. Whether he would apply his ignorance to a white person or not, is something people can debate. However, he did not apply the law when placing Professor Gates under arrest.
In the Commonwealth v. Lopiano, a 2004 decision, an appeals court held it was not disorderly conduct for a person who angrily yelled at an officer that his civil rights were being violated. In Commonwealth v. Mallahan, a decision rendered last year, an appeals court held that a person who launched into an angry, profanity-laced tirade against a police officer in front of spectators could not be convicted of disorderly conduct.
Not a crime to insult them. Whether the law is right or wrong is not the point. The cop did not apply the law and that's why they dropped the charges. Period.
If you arrest someone for doing something that's not illegal, that's pretty stupid. The cambridge police acted stupidly.
Just because a cop says disorderly does not make it so. You can say anything you want about Gates: rude, huge ego, self centered, elitist, ... You can't say he broke the law.
In this country, you get arrested for breaking the law. So I thought.
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Comments: 21
Now we know that cursing them out is not even a crime! So what was the basis of this arrest?
My father in law was a cop for 40 years in PA he said the police acted stupid.
I've just read the first one. It's clear the cops don't know the law. I am sure if you went around and interview the cops 95% of them think they can arrest people for using the F word at them. At least in Massachusetts, the court was clear. Not a crime.
Many of them were screaming "why did they drop the charge?" Here is your answer folks. Not a crime. This amounts to nothing short of a false arrest.
People should not let this case go. This is not only about race, it's about the unlawfullness of the police. These thugs don't know the law. It seems that they get their education from "Law and Order." Who updates they people on court decision and re-test them on the law (assuming their training was not only about putting cuffs on and using tasers).
That's very interesting. I did not know this quite frankly. What is disorderly conduct? Something along making loud noise, but not vandalism?
these folks were stupid and they think we are.
With respect to who is right based on public opinion, everyone has their opinion on what stupidity is, who is nice, who is not. But the law is the law. Cursing at a cop is not a crime and I agree with Spinks. This should have moved to trial so we know what people can say to a cop without being arrested. The default "yes sir, yes ma'am" to cops is actually a courtesy. We don't have to say yes if we don't agree. Who are these people?
The only exception I can think of is if it's late at night and it is loud enough to wake your neighbors, which would just be a noise ordinance fine, not an arrest.
Now if you scream at 1 AM and or playing loud music that can be heard outside, they can arrest you.
Profanities in themselves, directed at the officer, and not disturbing people outside or in their home, is not a crime.
What's next, don't look at the officers in the eye, bow your head down?
I have not seen at what point Mr. Gates got arrested, prior to DL being supplied or after, but when you do not give sufficient ID and refuse to further assist officers and then start yelling at them is this considered disorderly conduct? Or should Sgt. Crowley left the house without verifing Mr. Gates ID fully?
While I don't agree with the arrest, I do not support Mr. Gates in the slightest. I feel he had a bad day from travelling, got home to a stuck lock, making it worse, and now cops on his door step questioning him about why he broke into his own home.
Sgt. Crowley, did the right thing in staying, and continuing the investigation. He did the wrong thing by arresting Mr. Gates... but I do not feel it was stupid, just a cop being pushed and using his authority inappropriately... should he get fired no, but he should get a stern reprimand!