Quote:
Originally Posted by Iowa_Flames_Fan
For you and me, this situation may not be about race. For Gates, it most certainly was. Don't forget that it is Gates' contention that he produced ID as quickly as he could, and that he was arrested immediately upon stepping onto the porch, with no explanation. It's one of the key differences between the police report and Gates' testimony. So--for Gates it's about race. Doesn't mean it has to be for us, but looking at the context it's easy to see how Gates felt that it was.
However, there is a pretty clear issue of due process and civil rights here. Gates is within his rights in not wanting to step outside his house to have a conversation with an officer. He can easily have the conversation through his door. He is also within his rights to demand ID, and the officer must comply. Officer Crowley, according to both Gates and his own statement, did not.
Lastly, there is the right to speak freely and express your opinion, even to an officer of the law. We may or may not feel that Gates' accusation was justified. However, you must agree that he has the right to make the accusation, whether or not it is true. This has an important implication. Free speech doesn't mean "they can arrest you on trumped up charges, but they have to let you go later. Free speech means the freedom to speak your mind without fear of molestation or harassment from the authorities.
Let me put this another way: Gates may well have been wrong. He may well have been a jerk. He may even have been a racist--I wasn't there. But what he was not is a criminal. You can't arrest people without probable cause to believe that they have committed or will commit a crime. It's kind of an important plank in building a free society--it's one very important thing that differentiates us from a police state.
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Can you not arrest someone for disturbing the peace? I think the officer was within his rights to do so.
Do I think he should have done it? No. But he did have the right to, based on Gate's actions in public (outside his house on his porch) and his refusal to calm down.