[fatso]

This one could go either way imo. Really it just depends on matters that would have to be determined after-the-fact and by a judge (if it gets in front of one).

1. is it standard policy for police to ask for ID from persons inside the house when responding to a break-and-enter? (it may be, but I didn't see it in the link).

2. what was the actual exchange between Gates and the Sergeant? Kind of a he-said/he-said thing here, so it's tough to say. I didn't know you could get arrested for 'tumultuous conduct' though, especially in your own damned home.

In some respect I feel bad for the officer. Once that call goes in about a break-and-enter, he has to show up. If he's not thorough, he's gonna get dinged later. If he is thorough, and it's the homeowner who is doing the break-and-enter, he looks trigger-happy. Kind of a no-win.

Plus, having lived in Cambridge, I know it's by-and-large a pretty liberal community. Gates is a pretty snazzy dresser and the Harvard professors who live in Cambridge live in pretty fancy and set areas. I'd imagine most cops would know they're in an area where faculty and other rich people live, and that the faculty is pretty ethnically diverse. As such, I'm inclined to believe the cop didn't necessarily racially profile Gates and get all law-and-order on him, but was simply doing his job.

What I find odd is the nature of the phone call. Reports of a B&E? The neighbours don't know Gates live there? Or did they just see a black guy trying to get into a fancy house and assume the worse? If there is racial profiling in this scenario, it's probably there.