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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You're confusing 2 different issues here, the ability to make an arrest inside a persons home and the ability to enter a home for the purpose of investigating the initial report of a crime.
Under the Constitution there is a protected right in the home, and an officer seeking to make an arrest in the home would require a warrant. The arrest here seems to have been made on the porch, not inside the home. It's a bit of a grey are as to what constitutes the protected area, but the porch is likely not an area that would require a warrant for an arrest to be made.
The other issue is the ability to enter the home as part of the investigation of the initial complaint. There is probable cause here, all that is required is particularized facts leading to reasonable suspicion. There is also likely an exception to the warrant requirement under exigent circumstances as pursuit of an individual matching the description of the alleged perpetrator. But, like I said before, once Gates was established as being the rightful owner that exception is no longer applicable and any entry into the home would have to be consensual.