As you were not present, I think I'll take his word over yours.The false charge that Gates committed disorderly conduct by engaging in tumultuous behavior that cause public alarm.
Again, news to me. As a sworn officer myself Ive never heard this term mentioned, must be a yankee thing. Here we call it an "affidavit".If the offense is a misdemeanor, the charging instrument is called an Information.
There was probable cause. YOU need to learn the case law on disorderly conduct.
In the case of the Commonwealth vs. Lopiano (60 Mass. App. Ct. 723), the court ruled that it wasn't tumultuous behavior for a person to flail his arms, yell that a police officer was violating his civil rights and yell at a woman he was accused of assaulting.
The court wrote:
"To be disorderly, within the sense of the statute, 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)."
Last edited by Whip Comes Down; 08-03-09 at 07:34 AM.
Matthew 10:34Think not that I am come to send peace on earth: I came not to send peace, but a sword.
Crowley's report doesn't claim that that the loud accusations directed at him by Gates constituted a threat of violence.
Crowley's claim that some citizens appeared to be alarmed by Gates' behavior - without providing the identities or descriptions of the citizens and how they expressed alarm - was insufficient to establish probable cause that Gates caused public alarm and to justify the filing of an information.