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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 Whip Comes Down View Post
    I'm friends with several dumb cops.
    Well alright.

    What did that have to do with the words of mine that you quoted?

    -NC

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

    Quote Originally Posted by Whip Comes Down View Post
    Crowley didn't have probable cause that Gates engaged in tumultuous behavior or that he caused public alarm. Read the case law, dude. It wasn't even close to disorderly conduct.
    So I assume you were present? Because the word tumultuous was specifically used in the report. I'd take the officer who was presents word over yours, someone who was not present.


    The false charge that Gates committed disorderly conduct by engaging in tumultuous behavior that cause public alarm.
    As you were not present, I think I'll take his word over yours.

    If the offense is a misdemeanor, the charging instrument is called an Information.
    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".
    "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 Whip Comes Down View Post
    It's case law.

    COMMONWEALTH vs. JOEL FEIGENBAUM.

    404 Mass. 471

    November 8, 1988 - April 4, 1989

    Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.

    http://www.debatepolitics.com/newrep...y&p=1058170979
    Jesus...

    Learn to know what case law means before you use it.

    It doesn't say that doing this is legal.

    The case states that the actions displayed did not fall under DISORDERLY CONDUCT, nowhere does it state that this is legal.

    "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 Whip Comes Down View Post
    If Crowley had been smart enough not to arrest a man without probable cause, this would have been no big deal. Crowley needs to learn the case law on disorderly conduct.
    .....Says the guy who runs around on the internet making up laws based on his lack of ability to understand court decisions (see above) and who also runs around calling cops dumb on the internetsss.

    There was probable cause. YOU need to learn the case law on disorderly conduct.
    "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
    So I assume you were present? Because the word tumultuous was specifically used in the report. I'd take the officer who was presents word over yours, someone who was not present.
    Gates' behavior, as described by Crowley in his report, didn't even come close to being tumultuous.

    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 09:34 AM.

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

    Quote Originally Posted by Whip Comes Down View Post
    Under Massachusetts law, protesters can block the exit road to a Air Force Base with their car and interfere repeatedly with tow trucks trying to move the cars and still not commit the offense of disorderly conduct.



    Really? You mean they can legally impede the progress of others?


    Seems like another poster who likes to make it up as he goes along.
    Let evil swiftly befall those who have wrongly condemned us

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

    Quote Originally Posted by Caine View Post
    I'll take his word over yours.
    Even if you take everything Crowley wrote in his report to be true, he still didn't have probable cause that Gates committed disorderly conduct by engaging in tumultuous behavior that caused public alarm.

    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.

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

    Quote Originally Posted by Caine View Post
    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".
    What state are you in?

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

    Quote Originally Posted by Reverend_Hellh0und View Post
    Really? You mean they can legally impede the progress of others? Seems like another poster who likes to make it up as he goes along.
    FEIGENBAUM, COMMONWEALTH vs., 404 Mass. 471

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

    Quote Originally Posted by Caine View Post
    .....Says the guy who runs around on the internet making up laws based on his lack of ability to understand court decisions (see above) and who also runs around calling cops dumb on the internetsss.

    There was probable cause. YOU need to learn the case law on disorderly conduct.
    Shine on, my friend, shine on.

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