The elements of the crime that Gates was charged with were not met. The Massachusetts statute is quite clear that the offender has to have the purpose of alarming the public in order to be guilty of disorderly conduct (as it applies in this case based upon the officers report). That was not proven in this incident. The report was bush league. He tried to use a couple of catch phrases to satisfy the charge and it fell flat.
If there was more to this case then the officer should have done a better job of documenting it. If you are going to charge a guy with tumultuous behavior that alarmed a group of citizens you had better damn well get one of the citizens to say they were alarmed, otherwise....0.
I hope the day doesn't come where we actually start arresting people out of their homes for saying things we don't like.
The officer saying the onlookers "appeared alarmed" is not evidence that they were actually alarmed. No member of the public made an actual complaint. No victim, no crime.
The officer should know the elements of the crime if he's going to arrest somebody for committing that crime. Had someone come up to the cops and said "that guy is really creating a problem, can you please calm him down?" Then you have your crime. But that didn't happen.
It's very similar to a cop here or in many other states going by a house and hearing a loud stereo. That loud stereo could constitute a peace disturbance, but sans a complaint from a member of the public, the officer can't cite the offending party because a police officers peace cannot be disturbed while he is on duty. No victim, no crime.
On duty cops are in almost all cases not considered part of "the public."
Last edited by Lerxst; 07-24-09 at 01:15 AM.
Looks like Obama got separated from his teleprompter, which would have told him to make no comment, but as they were separated, O's old jerk of the knee reaction was to pull out the race card from the bottom of the deck once again.
It's plain to see you can take Obama away from Rev. Wright but you can't take Rev. Wright out of Obama.
I guess O believes the power of the presidency will protect him and make the common man crumble.
Foolish is as foolish does.
Hats off the the officer for holding his ground, and his colleagues that are setting the record straight about this man's character.
It's high time Obama admit HIS remarks were stupid, he was badly infomed and apologize profusely.
I AM DEPLORABLE.
NEVER CRIMINAL HILLARY (S-NY)
Why Obama keeps commenting on a case where he doesn't fully understand the facts is beyond me. I saw a small interview with the police officer who arrested Gates. He pointed out he didn't vote for Obama (which I thought was dumb and looked defensive on his part), but I liked it when he said the President was commenting on local issues not knowing all the facts. That is how I feel. Based on listening to Obama alone, he makes it seem as though Gates was arrested in relation to breaking into his own place. STFU, Obama.