Quote:
Originally Posted by Rerun
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.
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You can, but not willy-nilly. There are specific legal standards for that, just as there are with any crime. In practical terms, the statute Gates was accused of violating was not "disturbing the peace" but "disorderly conduct"--which sounds like a catch-all, but in practice it really isn't, which may have been Officer Crowley's grave error in this instance. Disorderly conduct is actually quite specific, and nothing Gates did rose to that level.