Quote:
Originally Posted by Iowa_Flames_Fan
On his porch, you mean. He wasn't going to get too far off the porch without his cane.
Here's what I've found about probable cause as regards entering a home in the Commonwealth of Massachusetts. Nothing really conclusive, but I really do have to get back to work (emphasis added):
I bolded the second part because it corroborates part of Gates' story--that it was immediately upon stepping outside that he was arrested.
Furthermore:
It doesn't specify what is required, but my guess is that the standard in Massachusetts is a little higher than in Canada, based on the above. Note that probable cause alone is not sufficient grounds to begin a search of the home. Given that even probable cause is in doubt here, my suspicion (without having read the relevant statutes) is that the officer should not have entered the house without permission, and if he had arrested Gates inside the house would have been in even bigger doo-doo. Luckily, he didn't do that, but he may still have entered without proper cause in this case.
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I have to chuckle a bit. I know what the case law is. I also know there is nothing I can say to you that would make you believe that I have a bit more knowledge about this than you. But, lets wait and see the independent reports first.