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Thread: Top scholar Gates arrested in Mass., claims racism

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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by PogueMoran View Post
    Thanks for posting this Catz. Yes this puts a totally new spin. The caller seemed to imply that the 2 might actually live there. She stated suitcases. So now this brings us back to the police report. The lady stated she didn't speak with the cop, the police report states she did and that she said there were two black men with backpacks. So now is the police report an error or did the cop who filed it make a false claim?

    Also on Fox News, Analyst Judge Andrew Napolitano had this to says that the law “allows an arrest for being disorderly if you are in public. … So if Professor Gates was arrested because of the words he used to police inside his house, on the front porch or on the front lawn, it was an improper arrest.”

    "The law says, unless [a police officer] witnesses a felony…or unless he has a piece of paper from a judge—a search warrant or an arrest warrant—saying “you can go in that house,” he can’t go in the house. So when Professor Gates said “no you can’t come in,” and the police went in anyway [the police] violated the federal Constitution."

    Raw Story Fox legal analyst: Gates arrest was improper

    There is plenty of precedent in the supreme court regarding the castle doctrine. Without the officer witnessing a crime the officer would have needed permission to enter Gates' house. Once again the arrest was unlawful and even this judge has stated so.

    Where are you getting this stuff from?

    The Constitution allows probable cause for action.

    A broken door alone is probable cause, not to mention the call from the citizen witnessing the breaking of the door. So the police had more than enough cause to enter the building to investigate.

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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by Scarecrow Akhbar View Post
    Where are you getting this stuff from?

    The Constitution allows probable cause for action.

    A broken door alone is probable cause, not to mention the call from the citizen witnessing the breaking of the door. So the police had more than enough cause to enter the building to investigate.
    I'm getting this from an actual judge who knows more about the law than either you or I. First off without him knowing all the details from the phone call the caller stated they had suitcases and could actually live there. The officer would have actually had to see the crime being committed to enter the house. In our country a person's home is on the highest pedestal in regards to searches. Once Gates was identified that should have been the end of it. Even a Fox Analyst sided with Gates. What's this world coming to?

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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by Scarecrow Akhbar View Post
    Where are you getting this stuff from?

    The Constitution allows probable cause for action.

    A broken door alone is probable cause, not to mention the call from the citizen witnessing the breaking of the door. So the police had more than enough cause to enter the building to investigate.
    I didn't see that post you quoted earlier

    But to that I have to wonder where their 'judge' got his legal training, and I have to be thankful that my already horrible judges aren't as bad as he is.

    Maybe oneday a group of thugs will break into his house, tie him up and gag him and the cops will see a broken open door and not hear anything and have to shrug and walk away since they have no document while he gets strangled to death quietly.

    I guess according to this judge we also aren't allowed to clear houses and businesses if we respond to a burglar alarm and observe a kicked in door, or other signs of forced entry. We shrug and say, "well, looks like someone really did break in, lets get out of here, go down and wake up a judge and come back in 5 hours with a warrant to go into the house."

    Utterly stupid, this fool doesn't know what he is talking about.
    Last edited by Caine; 07-30-09 at 04:58 PM.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by PogueMoran View Post
    I'm getting this from an actual judge who knows more about the law than either you or I.
    Looks like your judge needs to retire, since he's wrong.

    Quote Originally Posted by PogueMoran View Post
    First off without him knowing all the details from the phone call the caller stated they had suitcases and could actually live there.
    Cool. Next time I break into a strangers house to steal things, I'll bring suitcases so the cops can't bother me.

    Quote Originally Posted by PogueMoran View Post
    The officer would have actually had to see the crime being committed to enter the house.
    Not when he's got a witness calling the break-in to the po-leece.

    Quote Originally Posted by PogueMoran View Post
    In our country a person's home is on the highest pedestal in regards to searches.
    My home sits on a slab, is that different?

    Quote Originally Posted by PogueMoran View Post
    Once Gates was identified that should have been the end of it.
    Would have been, if Gates wasnt such a racist dick.

    Don't forget that part. The instigating person in all this circus was Gates, not the police officer.

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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by Caine View Post
    I didn't see that post you quoted earlier

    But to that I have to wonder where their 'judge' got his legal training, and I have to be thankful that my already horrible judges aren't as bad as he is.

    Maybe oneday a group of thugs will break into his house, tie him up and gag him and the cops will see a broken open door and not hear anything and have to shrug and walk away since they have no document while he gets strangled to death quietly.
    [ame=http://en.wikipedia.org/wiki/Andrew_Napolitano]Andrew Napolitano - Wikipedia, the free encyclopedia[/ame]

    You miss the point after that whole situation Gates still didn't warrant arrest as being on ones own property does not count as a public place and he caused no harm to those around him or himself. He was no threat.

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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by PogueMoran View Post
    Andrew Napolitano - Wikipedia, the free encyclopedia

    You miss the point after that whole situation Gates still didn't warrant arrest as being on ones own property does not count as a public place and he caused no harm to those around him or himself. He was no threat.
    I'll take note of that next time I feel like walking outside and swinging my dick around on my own porch, in plain view of everyone.


    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by Caine View Post
    I didn't see that post you quoted earlier

    But to that I have to wonder where their 'judge' got his legal training, and I have to be thankful that my already horrible judges aren't as bad as he is.

    Maybe oneday a group of thugs will break into his house, tie him up and gag him and the cops will see a broken open door and not hear anything and have to shrug and walk away since they have no document while he gets strangled to death quietly.
    Yeah, where's the sense in that? A broken door isn't probable cause to investigate? What planet is that guy from?

    The cop had EVERY reason to investigate a broken door, since that's evidence of a possible burglary, or worse, a possible violent assualt.

    Not only that, since he did have probable cause to enter on that alone, I believe that if he'd seen a bag of white powder on the counter, he'd have been authorized to seize that as possible drugs and arrest Gates for possession of a controlled substance.

    This isn't real complicated here. All that Gates had to do was be respectful to a man who was only doing his job of protecting Gates and his property.

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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by Scarecrow Akhbar View Post
    Looks like your judge needs to retire, since he's wrong.
    He's not my judge. He seems to know more about you than case law just because you say it doesn't make it so. I usually don't agree with Fox Analysts and its rare to see them side that way.


    Quote Originally Posted by Scarecrow Akhbar View Post
    Cool. Next time I break into a strangers house to steal things, I'll bring suitcases so the cops can't bother me.
    Other than the fact that the caller said they might even live there. The cop could have knocked on the door IDed himself had his gun ready any number of things other than coming in the house and following Gates around. There wasn't enough suspicion to know if a crime was committed.


    Quote Originally Posted by Scarecrow Akhbar View Post
    Not when he's got a witness calling the break-in to the po-leece.
    A concerned neighbor who isn't sure if its a break-in or not.

    Quote Originally Posted by Scarecrow Akhbar View Post
    My home sits on a slab, is that different?
    Your porch, your yard, your home is still private property.

    Quote Originally Posted by Scarecrow Akhbar View Post
    Would have been, if Gates wasnt such a racist dick.

    Don't forget that part. The instigating person in all this circus was Gates, not the police officer.
    It doesn't matter if he was a dick or called him a son of a bitch on private property without any threat to anyone is still not a crime. You can swear up a storm to a cop in your home as long as you don't assault the guy you're breaking no laws.

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    Re: Top scholar Gates arrested in Mass., claims racism

    Quote Originally Posted by PogueMoran View Post
    There's just a problem though Lerx the caller didn't mention to the dispatcher race she thought maybe hispanic. Somewhere between the dispatcher to Crowley to the report the information was inserted saying the caller spoke to Crowley on the scene and told Crowley two black men with backpacks were in the house. Whalen says she never spoke to Crowley. Crowley maintains that she did. Something is wrong here.
    Okay thank you for the clarification, I've not been keeping up with all the latest on this I guess. But, now who are we to believe? This is a seemingly minor discrepancy. One would have to find further import to race playing a role in the case for this to mean anything other than Crowley and the caller disagreeing on what was said.

    Had Crowley actually engaged in racist conduct, maybe this discrepancy would seem more salient. The bottom line is this, the incident was not racial at all. It was stupid in my opinion, but not at all racial.
    *insert profound statement here*

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    Re: Top scholar Gates arrested in Mass., claims racism

    Disorderly Conduct: Conversation About Gates Arrest Precedes Arrest
    "A lawyer who moments earlier had been complaining to friends about police overreaction in the arrest of Harvard Professor Henry Louis Gates Jr., got a taste of the Gates treatment himself after loudly chanting "I hate the police" near a traffic stop in Northwest Washington, D.C."






    Stupid is as stupid does.

    "D.C.'s disorderly conduct statute bars citizens from breaching the peace by doing anything "in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others" or by shouting or making noise "either outside or inside a building during the nighttime to the annoyance or disturbance of any considerable number of persons."


    He accomplished his dream of emulating Gates.

    Now was this arrest motivated by racial issues or was he just a jackass in public like the last guy?
    Thank you

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