Quote:
Originally Posted by valo403
Well an unlawful arrest is a 4th Amendment violation, and the entry into the home could potentially be seen as such. I don't know that there was a really clear violation, but it could be argued.
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I can see the 4th amendment coming into play only if Gates was caught doing something illegal within the home when the officer's walked in. From my understanding his alleged crime was committed outside when the police were attempting to leave.
Again I ask: Why would a rational sober man attempt to kick his own door in if he locked himself out? Breaking a small window or calling a locksmith I can see but, not your own front door. Self control certainly isn't his fortia.