A former Superior Court Judge, constitutional law professor
and the Senior Judicial Analyst for the Fox News Channel
since 1998 says based on Sgt. Crowley's police report that
the arrest of Professor Gates was legally improper.
Slogan/motto:
Never be haughty to the humble; never be humble to the haughty.
Reputation:
July 29th, 2009, 09:07 AM
OK, so the officer technically made a mistake. But I think he could make a case that there was probable cause to go into the house, since someone reported a break-in there.
Given that the arrest was for behavior on public property, it was improper. Gates wasn't on public property, he was in his own home, or on his own front yard. No doubt, that's why his supervisors overruled Crowley and dropped the charges. But since Gates isn't pushing the point, who cares?
A former Superior Court Judge, constitutional law professor
and the Senior Judicial Analyst for the Fox News Channel
since 1998 says based on Sgt. Crowley's police report that
the arrest of Professor Gates was legally improper.
OK, so the officer technically made a mistake. But I think he could make a case that there was probable cause to go into the house, since someone reported a break-in there.
Given that the arrest was for behavior on public property, it was improper. Gates wasn't on public property, he was in his own home, or on his own front yard. No doubt, that's why his supervisors overruled Crowley and dropped the charges. But since Gates isn't pushing the point, who cares?
Although the president has slightly backed away from use of the word - "stupidly". From a legal viewpoint if not a political viewpoint, the word was accurate.
we all should try to make the most of this "teachable moment".
Slogan/motto:
Never be haughty to the humble; never be humble to the haughty.
Reputation:
July 29th, 2009, 09:51 AM
Looking at the background of the arresting officer, it's pretty hard to paint him as a racist. He made some incorrect assumptions, and he let an angry citizen goad him into an arrest that was probably not a good one.
We expect police officers to make difficult Constitutional and enforcement decisions on the spur of the moment. And we expect perfection; they are supposed to get it right, every time.
I'm inclined to give them some slack if they mess up every now and then, unless it can be shown to be ill-intentioned.
Slogan/motto:
Ps82 KJV You will die like mere men, you will fall like one of the princes, but who is it that is not a man that dies like a man?
Reputation:
July 29th, 2009, 10:09 AM
I've heard lawyers and judges on Fox News say just the opposite of your original comment.
I think the Prez. and his buddy should apologize to the policeman, and remember what it actually means to be law abiding and to up-hold the laws of our nation... instead of jumping to conclusions and mouthing off.
But then again, our government doesn't even respect our constitution any more ... so why why should I expect any respect of law enforcement officers.
Slogan/motto:
Never be haughty to the humble; never be humble to the haughty.
Reputation:
July 29th, 2009, 10:26 AM
Quote:
I've heard lawyers and judges on Fox News say just the opposite of your original comment.
Gee, that's a surprise. You can find a lawyer to assume any position for a price.
But since the people involved seemed to be reconciled, and the police unions were pleased at the outcome, it's going to be hard to stir up racial conflict on this one.
Slogan/motto:
Treat others the way you want to be treated.
Reputation:
July 29th, 2009, 10:53 AM
Quote:
Originally Posted by The Barbarian
OK, so the officer technically made a mistake. But I think he could make a case that there was probable cause to go into the house, since someone reported a break-in there.
Given that the arrest was for behavior on public property, it was improper. Gates wasn't on public property, he was in his own home, or on his own front yard. No doubt, that's why his supervisors overruled Crowley and dropped the charges. But since Gates isn't pushing the point, who cares?
Quote:
Originally Posted by The Barbarian
No doubt, that's why his supervisors overruled Crowley and dropped the charges. But since Gates isn't pushing the point, who cares?
Quote:
Originally Posted by The Barbarian
But since Gates isn't pushing the point, who cares?
Slogan/motto:
Don't look back; something may be gaining on you.
Reputation:
July 29th, 2009, 10:58 AM
Quote:
Originally Posted by Green Goblin
Now, let this issue DIE.
Now what fun would there be in that?
Destroy another fetus now, we don't like children anyhow, I've seen the future baby......... It is Murder.
~Leonard Cohen
To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic.
~Ted Nugent
Slogan/motto:
It is a good time to be a jester when the world is a joke.
Reputation:
July 29th, 2009, 11:11 AM
Quote:
Originally Posted by The Barbarian
Looking at the background of the arresting officer, it's pretty hard to paint him as a racist. He made some incorrect assumptions, and he let an angry citizen goad him into an arrest that was probably not a good one.
We expect police officers to make difficult Constitutional and enforcement decisions on the spur of the moment. And we expect perfection; they are supposed to get it right, every time.
I'm inclined to give them some slack if they mess up every now and then, unless it can be shown to be ill-intentioned.
Unfortunately for cops, there's a nationwide dearth of self-control among law enforcement agents (Sean Bell, Oscar Grant, etc.). They're running out of reasons (if they haven't run out altogether already) for people to trust them. If I found a cop in my home uninvited I'd probably be pretty anxious to have him leave as well. Goodness knows what those nuts are going to do next.
The most important thing anyone can learn from 1st century greco-roman mystery cults is that complex religious systems can arise and develop without an historical founder.
Slogan/motto:
Ps82 KJV You will die like mere men, you will fall like one of the princes, but who is it that is not a man that dies like a man?
Reputation:
July 29th, 2009, 11:42 AM
Quote:
Originally Posted by The Barbarian
Gee, that's a surprise. You can find a lawyer to assume any position for a price.
But since the people involved seemed to be reconciled, and the police unions were pleased at the outcome, it's going to be hard to stir up racial conflict on this one.
Looking at the background of the arresting officer, it's pretty hard to paint him as a racist.
i never called the police a racist but i agree that his decision to arrest Gates was a mistake and that's why i believe the charges were dropped after cooler heads later prevailed.
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