Harvard professor arrested

[Tormund Ukrainesbane]

He was arrested for creating a public disturbance.

I know. This is a catch-all that cops pull out when they can't think of anything else to arrest you for.

Assuming the report is actuate, he was screaming at a police officer in public who was quite willing to leave him alone.

No, he was screaming at a police officer on his own property who would not leave.

He was willfully continuing the interaction because he was angry and he wanted to scream at someone who was doing their job.

He gets to do this if he wants to. It is not illegal. I get screamed at all the time when I'm doing my job. I don't get to assault, kidnap, and imprison people for it, I just hang up the phone.

Your claims that the police officer was harassing them is false. The officer was attempting to leave.

Again, horseshit. If the officer was "attempting" to leave he would have been in his car and driving away. He would not have been walking up the stairs with handcuffs.

Your claims that this violates Constitutional Rights are false, as public disorderly conduct is not protected under current official interpretations of The Constitution.

But they weren't in public. They were at the guys house. The officer was free to get in his car and exit to "public" any time he wanted.

Assuming the report is accurate, the police officer was not the one who was continuing the incident. Gates was. Alls he had to do was not follow the police officer so he could scream threats and insults at them.

All the police had to do was GTFO the guys property. As the ones who were invading his space, the responsibility is on them to do so. Had he followed them down the street you might have a case, but you should notice that the only one here who finds your case even remotely plausible (including attorneys and former cops) is you.

[Mudguard]

I guess it depends on the attitude of the cops responding, and probably on your race and socioeconomic status.

I'm looking for the legal definition, so that I can evaluate whether the cop was within his rights for making the arrest.

[Lany Freelove Cassandra]

Thread title is pretty misleading. After reading the article and the police report, they all look like idiots to me.

So, what are the elements for creating a public disturbance? Can you really be arrested for shouting from your porch?

I was just looking this up as I wanted to know too. this is just general.

The following is an example of a local law dealing with public disturbances:

" A. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.

B. The following sounds are public disturbance noises:

The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property;

Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property;

The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably disturbs or interferes with the peace and comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings;

Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than fifty feet from the vehicle itself;

Sound from portable audio equipment such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet from the source, and if not operated upon the property of the operator;

Sound from outside public address systems, voice amplification and any other form of loud speaker operated at a volume audible beyond the boundaries of the property from which the sound originates. This provision shall not apply only to licensed community activities.

so if the neighbors file a complaint, it is a public disturbance, if not, it may not be. (again, this was general, not the Cambridge legal definition.)

[Eurytus]

Frankly you have to be an idiot to abuse a police officer under most circumstances, let alone one who was doing his job and indeed was looking to ensure YOUR property was safe.

[Shryke]

After he saw the ID, the cop should have thanked Gates and left. It did not matter what gates was saying, the cop should have let him yell.

Exactly.

If you can't take some yelling at, you really shouldn't be a cop. I had WAY worse shit then what is alleged yelled at me when I was just a fucking lifeguard. We all knew that the best reaction was to keep your cool and the vast majority of people did. I'd expect a cop licensed by the government to carry around a gun would have more self-restraint then a bunch of teenagers.

[TheKassi]

I know. This is a catch-all that cops pull out when they can't think of anything else to arrest you for.

No, he was screaming at a police officer on his own property who would not leave.

He gets to do this if he wants to. It is not illegal. I get screamed at all the time when I'm doing my job. I don't get to assault, kidnap, and imprison people for it, I just hang up the phone.

Again, horseshit. If the officer was "attempting" to leave he would have been in his car and driving away. He would not have been walking up the stairs with handcuffs.

But they weren't in public. They were at the guys house. The officer was free to get in his car and exit to "public" any time he wanted.

All the police had to do was GTFO the guys property. As the ones who were invading his space, the responsibility is on them to do so. Had he followed them down the street you might have a case, but you should notice that the only one here who finds your case even remotely plausible (including attorneys and former cops) is you.

Show me once in the report where Gates asked the officer to leave once it was established that he was a resident? It seems to me, at least assuming if the report is accurate, that Gates wished to continue the conversation, not end it. In order for the officer to refuse to leave, they would have to be asked to leave.

The facts, according to the report, are simple. The police officer attempted to end the conversation. Gates did not let them. All this 'refused to leave stuff' is just made up.

As for the rest, screaming insults and slurs and threats in view of the public is against the law. If that upsets you, I am sorry, but the constitutional arguments are wildly inaccurate.

[Mudguard]

I'd be willing to bet that the disturbing the peace charges are dropped. The officer showed really poor judgment in making the arrest, given the circumstances.

[Lany Freelove Cassandra]

As for the rest, screaming insults and slurs and threats in view of the public is against the law. If that upsets you, I am sorry, but the constitutional arguments are wildly inaccurate.

Show me the law. The general quotes I found says it has to interfere with a homeowners peace and comfort.

[Tormund Ukrainesbane]

In order for the officer to refuse to leave, they would have to be asked to leave.

No, they would just have had to stay. Their presence was the cause of the disturbance, the onus is on them to leave.

The facts, according to the report, are simple. The police officer attempted to end the conversation. Gates did not let them. All this 'refused to leave stuff' is just made up.

Didn't let them? Where is it that they were required to respond? They weren't welcome, yet they camped in the guys yard.

As for the rest, screaming insults and slurs and threats in view of the public is against the law.

I see we've come down to "in public" to "in view of the public". Whatever, its people like you that keep my county under the boot heel of the worst sheriff in the world. Fellate the cops all you want. I'm out for the night.

[Lord O' Bones]

Looks to me like Professor Jerkface wanted to get arrested and found some dumbass cop to oblige him.

[TheKassi]

Show me the law. The general quotes I found says it has to interfere with a homeowners peace and comfort.

The best I can find online is a quote from a MA legal brief. The MA law site was tough to dig through.

“disorderly conduct†includes “tumultuousbehavior,†which is defined as “riotous commotionand excessively unreasonablenoise so as to constitute a public nuisanceâ€

I tried to type it accurately by my computer doesn't like PDFs. It is far easier to prove that it is illigal, as one can just do a search in yahoo, but digging up the actual word of the law online has proven a pain in the tail.

No, they would just have had to stay. Their presence was the cause of the disturbance, the onus is on them to leave.

Didn't let them? Where is it that they were required to respond? They weren't welcome, yet they camped in the guys yard.

Would you please just read the report? According to the report the police officer was on the sidewalk. There is nothing in the report that states the officer was even on Gate's property anymore while Gates was screaming at him.

As for the personal attacks, would you please go back and read my posts before you compare my stance to oral sex. I have stated time and time again that I assume the officer's report is not completely accurate, and that their behavior needs to be investigated.

On top of that, I have stated that any ill behavior should be brutally punished. That isn't exactly the position of a fascist. People in love with the cops and willing to forgive any behavior do not tend to advocate stiff penalties and avid investigations.

[Tyrellius]

Cop was a tool. Professor was worse.

Are the cops really so bad over there?! How can you guys be so harsh on people that only really want to protect you...(and punish nasty mofos)

[TrueMetis]

This was done in the middle of the day at around 12:44 pm I could see arresting him if it was night time but during the day? How loud do you have to be to be considered disturbing the peace during the day?

[Dinsdale!]

People shouldn't get arrested, for what is in essence, a noise complaint.

The Police report makes it sound like Gates was waiting for an opportunity to shout:

"Come see the violence inherent in the system! Help, Help, I'm being repressed!"

I wonder what Gates' report and the report of witnesses will be like... I'm sure we'll find out.

[Lany Freelove Cassandra]

Cop was a tool. Professor was worse.

Are the cops really so bad over there?! How can you guys be so harsh on people that only really want to protect you...(and punish nasty mofos)

Not all cops are bad, but there are certainly enough that were the high school bullies that are even bigger jerks with badges and guns. It is sad really. Yes, the cop started off right, but he didn't control or defuse the situation. Was he racisst? I don't know, but I do think the arrest was a bad call. I also think he made the situation worse by not leaving as soon as he was aware that the Professor was the home owner.

I like cops, generally, and do give them the benefit of the doubt (except in a personal case) but I have met my share of them that simply never should have been given a badge (that includes many MPs I had the pleasure to "work" with).

Writing this makes me sad actually. I was with you 100% for a very long time.

[Black Dow]

I am not really sure if the 'high school bully becomes a cop' is an accurate stereotype. I'd say that most high school bullies end up becoming the criminal, instead. Perhaps the hall monitor is more likely to become the cop?

[Ocean of Notions]

I am not really sure if the 'high school bully becomes a cop' is an accurate stereotype. I'd say that most high school bullies end up becoming the criminal, instead. Perhaps the hall monitor is more likely to become the cop?

I can see it. Bullies like to be in a position of power and authority.

[TheKassi]

Not all cops are bad, but there are certainly enough that were the high school bullies that are even bigger jerks with badges and guns. It is sad really. Yes, the cop started off right, but he didn't control or defuse the situation. Was he racisst? I don't know, but I do think the arrest was a bad call. I also think he made the situation worse by not leaving as soon as he was aware that the Professor was the home owner.

I like cops, generally, and do give them the benefit of the doubt (except in a personal case) but I have met my share of them that simply never should have been given a badge (that includes many MPs I had the pleasure to "work" with).

Writing this makes me sad actually. I was with you 100% for a very long time.

How do you know that this was even an option for the officer?

I am not up on official Cambridge police procedure, but I suspect that there is at least a high probability that there are several duties a police officer must discharge before they leave the scene.

Such as having a talk with the lady standing on the side walk who reported incident.

In every contact I have had with the police, they have stuck around to answer questions and make sure everyone is okay and provide information and settle worries when possible. Perhaps this is a courtesy, but it is also quite possible it is a duty.

Heck, when my car caught fire they went around to all the buildings near by and informed everyone that there was nothing to worry about.

Not saying anything as fact, but 'just getting in their car and driving off while Gates screamed at them.' isn't necessarily an option even if it sounds logical. Leaving before you defuse a situation or settle a disturbance could be against regulations.

I would be kind of surprised if it wasn't. Can cops just say 'screw it' and leave while people are screaming at them and demanding information like their name and such?

Interesting new information:

http://www.wickedlocal.com/cambridge/news/...nry-Louis-Gates

I really hope the local police have the same recording devices we give traffic cops, because if Gate's statement has any truth at all to it the officer needs some prison time.

[LCOTNW]

How do you know that this was even an option for the officer?

I am not up on official Cambridge police procedure, but I suspect that there is at least a high probability that there are several duties a police officer must discharge before they leave the scene.

Such as having a talk with the lady standing on the side walk who reported incident.

The other cop that showed up took care of that already.

Confidential to Henry Gates:

SPOILER: Good Advice

Move to a neighborhood where your neighbors recognize you.

Also what happened to the alleged 2nd black man with a backpack? Did he wander off somewhere?

ETA: New article says it was the cab driver.

[ljkeane]

I guess it depends on the attitude of the cops responding, and probably on your race and socioeconomic status.

I've seen plenty of white people arrested for screaming at the police (admittadly in the UK). Seriously though if you're going to shout abuse at the police what do you expect is going to happen?