It's not a crime to insult a police officer. Gates' behavior may be rude and wrong, but it's not a criminal. That's why the charges were dropped.the arrest was for his conduct towards the officer, the fact he showed his ID and proved his residence does not excuse his behavior...
It's not a crime to insult a police officer. Gates' behavior may be rude and wrong, but it's not a criminal. That's why the charges were dropped.
But, if Gates was outside and was very loud, the police can make an arrest for disturbing the peace.
Jiro, get your J.D. off the back of a cereal box? Of course, if you're one of my colleagues, we can talk shop.
Please read post #66 and 67 on Supreme Court's specific ruling on 1st and 4th Amendment. (1)Please tell me if you understand what PROBABLE CAUSE means.
Of course, :roll:
I'm guessing you're a parrot in your past life?
I´m really feel sorry for you.
Liebling - you are not making sense at all about Crowling lying, fabricating, violating laws.
I find interesting that you ignore the fact that the 3 lies in Crowley´s report, which is not match 911 Caller´s statement and police´s audio radio.
If he is, then why isn't he suspended by Internal Affairs Department for fabricating/lying?
Very, very, very simple is:
They police community protect each other like what they did with many police brutality cases.
We learn that police officers are not always to be trusted.
Why Gates has not filed a complaint against Crowley?
Yes, they (Crowley and Gates) consider to file a lawsuit each other.
Crowley considering defamation lawsuit against Gates.
Report: Sgt. Crowley Considering Defamation Lawsuit in Gates Controversy JONATHAN TURLEY
I personally think Crowley´s chance against Gates is weak.
Should Henry Louis Gates Sip or Sue?
Should Henry Louis Gates Sip or Sue? - The Moral of the Story Blog - NYTimes.com
Gates has a good chance to file a lawsuit against Crowley under 1st and 4th Amendment rights but Obama urged him to calm down and invite him & Crowley to have a beer with him.
Please answer my 3 questions - I bold'ed the numbers for you.
I hope my answer to your 3 questions satisfy you.
There's no guarantee about totally freedom of speech under 1st Amendment, there's exception that does not cover the freedom of speech, if you decide to disorderly conduct against police then you will arrest because it's not right way to say like that. Only our judge will make decide about situation with 1st Amendment, there's some part does not cover it and you have going be careful about what are you saying to police.
I check with my American co-workers on this today. I will apology if I am wrong about 1st and 4th Amendment but they confirmed my statement is correction.
Accord the link, the citizens have a First Amendment right to criticize police Officers but not assault/threat/violence like what I tried to say in my previous posts.
Just say 'no' to police searches...
Just Say 'No' to Police Searches | FlexYourRights.org
At Your Door Scenario
At Your Door Scenario | FlexYourRights.org
I read from pos. 1 to pos. 6 at residence. It´s same rights here in Germany as well.
Anyway, you can click Just say 'no' to police searches...on the subway...., during a traffic stop....., during a street stop.... and at your residence...
I´ve read about traffic stop... Ouuccchh... no 1st Amendment rights but just 4th Amendment right.
Urban Dictionary: 1st Amendment
Urban Dictionary: 4th Amendment
It shows that Gates did not violate the law.
lets be even more pc and lets add another color to race group. The Olive-Americans. it will contain Italians and Portugese, yeah lets dived the even more color groups, let's....
nah stupid idea that is, just like it is a stupid idea the way we dived by colors now...
The question isn't whether she's white or olive-skinned. The question is whether a reasonable person would think she's white. Based on her picture, I'd have to say definitely. I probably would have thought she's white. My wife has about her same skin tone and most people think she's white. Her driver's license says white.
When investigating a break-in, her exact skin tone and heritage is probably the last thing on his mind. And there's no reason I can think of to lie about her general description. To accuse him of lying based on this is really grasping at the straws.
CSinned´s postpolice report are written after the event. Crowley wrote it down long after receiving the 911 call. human error doesn't make some one a racist or racial profiler.
she also said hispanic, and crowley dealt with gates at the house who was black. so since crowley wrote the report after the arrest and booking, human error made him think "black" while typing up the report
Liebling - just because you asked your American co-workers does not mean they know it very well. That's why we have lawyers. I find it funny that you trust your American co-workers over us (we are American citizens too and we live here). I gave you legal definition and academic source of Probable Cause. It supported Crowley's case.
You are not wrong about Amendment 1 and 4 but you are not understanding that it is actually much more complicated than that. You ignored our explanation of Amendment 4 and Probable Cause along with Supreme Court's ruling. You are misunderstanding the use of Amendment 1 in this case because it's not applicable.
Not that I don´t beleive you or not trust you but confusion because you, Koko, CSinned and Foxrac said that I am wrong.
Now you said for a first time that I am not wrong.
Liebling - just because you asked your American co-workers does not mean they know it very well. That's why we have lawyers. I find it funny that you trust your American co-workers over us (we are American citizens too and we live here). I gave you legal definition and academic source of Probable Cause. It supported Crowley's case.
You are not wrong about Amendment 1 and 4 but you are not understanding that it is actually much more complicated than that. You ignored our explanation of Amendment 4 and Probable Cause along with Supreme Court's ruling. You are misunderstanding the use of Amendment 1 in this case because it's not applicable.
I find it funny that you trust your American co-workers over us (we are American citizens too and we live here).
You are not wrong about Amendment 1 and 4
You are not wrong about Amendment 1 and 4 but you are not understanding that it is actually much more complicated than that. You ignored our explanation of Amendment 4 and Probable Cause along with Supreme Court's ruling. You are misunderstanding the use of Amendment 1 in this case because it's not applicable.
So between white, black, and Hispanic, it's a toss-up between white and Hispanic. Based on her appearance, it's reasonable to conclude she's white. It's also reasonable to conclude she's Hispanic, albeit a light-skinned one. It's fuzzy.No matter what, they do use different races, not just black and white.
Example: They use 3 different races in that link - White, Black & Hispance.
Project America: Crime: Prison Population: Prison Population by Race
And the 911 Operator also ASKED Lucia Whalen which races, White, Black or Hispance as well, not just white or black.
Here's the audio.The 3 or 4 lies in police report, not just "one human error".
Example: Officer lied about Gates´ yelled. Gates have doctor´s report that he can´t yelled or scream aloud. The audio radio prove it that Gates did not yell and also lied about Lucia described him "black men......" She never mentioned one word "black" to him and 911 Operator. Tapes prove it.
Do you still call it as "human error"? :roll:
no I'm say your interpretations of the amendments and some laws are flawed not what the 1st amendment is for
Check my response post #247 toward Foxrac including links.
name and badge number is displayed on the blues. Gates was only demanding the information to give him a hard time.
Gates has the right to ask Police Officer for his badge and ID. The Police officer must provide it, not try to arrest him.
A Henry Louis Gates Jr. Explainer roundup. - By Brian Palmer - Slate Magazine
It create problem for refuse to provide what Gates demand.
Gate's behavor lead to his arrest.
Yes, Gates may be overreacted but he did is not illegal.
If gates behaved in a differently none of this would have happened.
I see different.
Accord Gates´s statement:
Everything would be different if Police Officer treat Gates with respect... something like that.
Police Officer should answer Gates´s question "Officer, can I help you?". Hello, I am Police Officer Crowley and explain why............... in friendly way.
And ask Gates nicely for his ID. After prove him who he is, then Crowley should apologize and leave instead of further questions after check Gates´s ID.
Some people like Gates have ill-manner, just ignore and wish them nice day, and leave.
actually it happens all the time without the charges be dropped, if gates was not a public figure and didn't know "the chief" he would be sitting in a cell.
Accord the law, Gates did not commit illegal because Gates is not a suspect but homeowner.
again this entire ordeal would not have happened if gates behaved more appropriately. gate's did follow crowley out onto that porch. yet more stupidity on gate's
No, stupidty on Crowley´s action for ignore Gates´ repeatly demand for his ID and badge number.
once more. when crowly showed up. all gates had to do was be respectful, prove his residence, which is standard police procedure and they both would have walked away...
He proved Crowley who he was and this home is his. It doesn´t satisfy Crowley but make more questions after examined Gates´s ID. Why further questions for? Gates choose to not answer. It create more problem... lead Gates overreacted and misunderstood and then demand his ID and badge number.
Crowley could go in because of probable cause. the 911 call.
yes he can not arrest for disorderly conduct in a private residence. disorderly conduct involves the public. to be in violation of it. in this case, one must give the cop abuse in public.
No, Gates told Crowley on the porch who he is and it´s him who break in his home. Crowley KNEW now that Gates is homeowner, not suspect but Crowley still want to see Gates´s ID. Gates went to kitchen to get ID but Crowley went into his home without Gates´ permission.
Accord disorderly conduct A Henry Louis Gates Jr. Explainer roundup. - By Brian Palmer - Slate Magazine - Gates did is not disorderly conduct.
being abusive to a cop is not freedom of speech, it is not cover under the first amendment.
Yes, that´s right that abusive, assault, violience and threat toward police officer is not freedom of speech under 1st Amendment. Gates did none of all but accused Police Officer as a racist, that´s all. Accusation is not abusive, assault, violence and threat, Right?
Here's the audio.
YouTube - HQ - Henry Gates Police Dispatch Audio - Cambridge, Mass.
It's just police dispatches, so most of it is silence between dispatches. The quality isn't very good and certainly the background doesn't come through very well, especially over Crowley's voice while he's speaking directly into the microphone. I can hear Gates in the background during a few points. At 2:22, Gates is certainly yelling and it sounds like he's saying "I am outraged!" or something like that.
By the way, have you ever remembered a minor detail wrong after an event? If so, then LIAR!!!
(By the way, I'm not actually calling you a liar. Just making a point.)
Obama made this local news into a national news.
Obama was ASKED for his reaction on Gates´ case. He did not name Crowley to the public but said that The Police Officer acted stupid to arrest Gates after proved who he is and his home, that´s all.
Not Crowley.
Are you sure? Something wrong with your head...
Barbaro, darkdog and you are the one who posted the link of Crowley´s report to here. Who post the police report to the internet/public? Are you saying that it´s Obama, not Crowley?
Obama misspoke and turned this news into a racial debate.
I do not see anything about racial about Obama.
Not Crowley.
Are you sure?
Crowley mentioned race in his report. Yes, he use those word "black........." in his report. If you can´t remember then go back and re-read Crowley´s police report to fresh your memory.
Please kindly point out where in Lucia's statement that Crowley's erroneous report ruined her life.
Are you just really stupid, or a troll?
Lucia´s name was mentioned in Crowley´s report. If you can´t remember then go back and re-read Crowley´s report. It hurts Lucia´s image because he claimed in his report that Lucia mentioend "black........" to him. Crowley´s report are everywhere to the public and internet, put Lucia in a bad situtation. Lucia CAN sue Crowley for defamatary
You know Obama made a serious mistake by commenting on it without knowing fact first and by targeting the blame to wrong party and worse of all - he made this a racial issue when it was not in the first place. because of that - Lucia's life was threatened by ignorant, angry people.
Obama acknowledge his error and accept his responsible for his word because he should pick those word differently. What Obama said about Police Officer is true but he should keep his opinion himself, not to the public and pick something differently.
I do not see anything about racial.
Lucia´s life was threatened by ignorants because of Crowley and his false report everywhere to the public/interent. Crowley claimed that Lucia told him that it´s 2 black........ Lucia spoke to clear her name that she never mentioned the word "2 black...." to Crowley and 911 Operator.
and now we move on.....
Yes
1st Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging ("to cut short") the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Liebling, 1st Amendment is all about Congress that cannot make a law that limits or prohibits freedom of speech, the press, limiting religion, the right to peaceably assemble and such. 1st Amendment isn't about free speech but about limiting Congress' power on to limit free spech.
You're in the wrong on this one.
I understand that. I'm just saying the audio is a poor guide to judge the extent of yelling, although it does indicate there was at least some yelling.Sorry I´m and can´t hear what the video says but my co-workers heard the video and told me yesterday that it doesn´t tell that Gates yell or scream very much.
there are other crimes that you can be charged with as a result of the insults..
urban dictionary is an impecible source for all legal referencesCheck my response post #247 toward Foxrac including links.
Gates has the right to ask Police Officer for his badge and ID. The Police officer must provide it, not try to arrest him.
A Henry Louis Gates Jr. Explainer roundup. - By Brian Palmer - Slate Magazine
It create problem for refuse to provide what Gates demand.
Yes, Gates may be overreacted but he did is not illegal.
they both should have been treating each other with respect.I see different.
Accord Gates´s statement:
Everything would be different if Police Officer treat Gates with respect... something like that.
Police Officer should answer Gates´s question "Officer, can I help you?". Hello, I am Police Officer Crowley and explain why............... in friendly way.
And ask Gates nicely for his ID. After prove him who he is, then Crowley should apologize and leave instead of further questions after check Gates´s ID.
Some people like Gates have ill-manner, just ignore and wish them nice day, and leave.
no he was a suspect until he proved his identity. then he was a home ownerAccord the law, Gates did not commit illegal because Gates is not a suspect but homeowner.
noNo, stupidty on Crowley´s action for ignore Gates´ repeatly demand for his ID and badge number.
nope
He proved Crowley who he was and this home is his. It doesn´t satisfy Crowley but make more questions after examined Gates´s ID. Why further questions for? Gates choose to not answer. It create more problem... lead Gates overreacted and misunderstood and then demand his ID and badge number.
he didn't know for sure, until the ID was provided.No, Gates told Crowley on the porch who he is and it´s him who break in his home. Crowley KNEW now that Gates is homeowner, not suspect but Crowley still want to see Gates´s ID. Gates went to kitchen to get ID but Crowley went into his home without Gates´ permission..
if gates was smart he would have known how to conduct himself and not have pissed off the copAccord disorderly conduct A Henry Louis Gates Jr. Explainer roundup. - By Brian Palmer - Slate Magazine - Gates did is not disorderly conduct.
which pissed off the cop that went on to arrest him, not the way to handle itYes, that´s right that abusive, assault, violience and threat toward police officer is not freedom of speech under 1st Amendment. Gates did none of all but accused Police Officer as a racist, that´s all. Accusation is not abusive, assault, violence and threat, Right?
some what. the bad cops abuse those laws. good cops don't really need to use them.Of course-- In the end the police always wins.
I've known someone who had her shared of run in with the police in the past, and how she was shouted at and had her vehicle searched through even through she did not objected nor she had gave consent to a search of her vehicle, she knew her rights that they cannot search the vehicle or home without a warrant. But, she was more afraid if she had objected then the officer would have arrested her. It's like every citizens have to drop to their knees while in the presence of a police officer. :roll: