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Fox legal analyst: Gates arrest improper


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Fox legal analyst: Gates arrest was improper

By David Edwards and Stephen Webster

Published: July 28, 2009

Updated 13 hours ago

Judge Andrew Napolitano, a Fox News judicial analyst, explained to Shepard Smith on Monday that under Massachusetts law, Cambridge Sergeant Jim Crowley did act improperly by arresting historian Henry Louis Gates.

His argument essentially boils down to the difference between public and private domain. As Crowley arrested Gates for causing a “public disturbance,” the action is improper on its face due to the fact that Gates was in his own home. Additionally, Napolitano said, it was illegal for the police to enter the house to begin with, as the source of the report did not pass legal muster to constitute probable cause.

Napolitano added that because of the violation of Gates’s constitutional rights, he would be eligible to pursue legal action against the police department.

In his police report, arresting officer Sergeant James Crowley wrote that woman who reported the suspected break-in “went on to tell me that she observed what appeared to be two black males with backpacks on the porch of Ware Street.”

Attorney Wendy Murphy, who represents the 911 caller Lucia Whalen, said her client never spoke with arresting officer Sgt. James Crowley at the scene.

“Whalen’s lawyer [...] said yesterday her client’s only contact with Crowley was fleeting, with Whalen saying ‘Excuse me, I’m the one who called,’ and the Cambridge cop replying, ‘Stay right there,’” reported The Boston Herald.

“I want to know that, in light of the fact that Mr. Gates 4th Amendment rights have been violated, will [the media] rush to his defense? Will they demand that the Cambridge Police apologize?” asked blogger George Cook at Lets Talk Honestly.

“Will those same talking heads question the fact that the words black and backpack appear in Sgt. Crowley’s police report although the 911 caller never mentions those words in her call?”

He concludes: “We all believe we know the answers to those questions. Let’s hope we are wrong.”

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Colin Powell said it best. It was wrong for the police to drag that man out of his own house and arrest him.

Now I hear the woman who called it in is getting ready to come out with her version of what she reported to the police. If I were her, I wouldn't. The media would have a field day with her.

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somebody is lying through their teeth about this. if it's the officer then he needs to be fired. we already know that the 911 call only reported that one appeared to be hispanic, so the only reference to two black men would have to have been when crowley arrived at the house. not sure how you could prove who said what, but there needs to be some consequences and repercussions over this.

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Thought Fox wasn't credible......

.....just saying.....

You just don't get it, do you?

It's not that they are credible, it's that they are most likely to portray Gates as bring in thew wrong and when they don't it makes it seem more plausible that he was not.

You spend more time talking 'party' and 'side' than anyone here. Please give it a rest.

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somebody is lying through their teeth about this. if it's the officer then he needs to be fired. we already know that the 911 call only reported that one appeared to be hispanic, so the only reference to two black men would have to have been when crowley arrived at the house. not sure how you could prove who said what, but there needs to be some consequences and repercussions over this.

I've been saying this since the 911 tapes were released. Somebody is lying..

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I've been saying this since the 911 tapes were released. Somebody is lying..

absolutely. in the case of gates versus crowley, it could be that both were lying--gates about offering his ID or about crowley refusing to give badge number/name and crowley about gates' being "uncooperative". but in the case of the 911 caller versus crowley, either she did mention two black men (making crowley the liar) or she did not (making her the liar).

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You just don't get it, do you?

It's not that they are credible, it's that they are most likely to portray Gates as bring in thew wrong and when they don't it makes it seem more plausible that he was not.

]You spend more time talking 'party' and 'side' than anyone here. Please give it a rest

If Dave was on a jury where a klansmen testified another white man killed a little black girl, he would dismiss the testimony as "wacko talk"...

smh

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Colin Powell said it best. It was wrong for the police to drag that man out of his own house and arrest him.

He also said:

"I think he should have reflected on whether or not this was the time to make that big a deal," he said.

"There is no African American in this country who has not been exposed to this kind of situation," Powell said.

But, he said, "when you are faced with an officer trying to do his job and get to the bottom of something, this is not the time to get in an argument with him. I was taught that as a child.

"You don't argue with a police officer," Powell said.

http://www.foxnews.com/story/0,2933,535223...test=latestnews

But, i'm sure that didnt' help your argument as much as the quote you picked out.

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You just don't get it, do you?

It's not that they are credible, it's that they are most likely to portray Gates as bring in thew wrong and when they don't it makes it seem more plausible that he was not.

You spend more time talking 'party' and 'side' than anyone here. Please give it a rest.

Did it occur to you that Napolitano might NOT be biased? That he might be a good commentator who calls it like he sees it?

Just wondering.

BTW, I didn't mention any party.

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Did it occur to you that Napolitano might NOT be biased? That he might be a good commentator who calls it like he sees it?
Sure. I find the endless debate about bias ridiculous and tired.
BTW, I didn't mention any party.
You don't even have to at this point.
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-Gates then turned to me and told me that I had no idea who I was “messing” with and that I had not heard the last of it.

-Gates began to yell over my spoken words by accusing me of being a racist police officer and leveling threats that he wasn’t someone to mess with.

-As I descended the stairs to the sidewalk, Gates continued to yell at me, accusing me of racial bias and continued to tell me that I had not heard the last of him.

No less than 3 times did Sgt. Crowley document potential threats of retribution against a police officer.

-Due to the tumultuous manner Gates had exhibited in his residence as well as his continued tumultuous behavior outside the residence, in view of the public, I warned Gates that he was becoming disorderly.

-For a second time I warned Gates to calm down while I withdrew my department issued handcuffs from their carrying case.

Third time is a charm?

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As Crowley arrested Gates for causing a “public disturbance,” the action is improper on its face due to the fact that Gates was in his own home. Additionally, Napolitano said, it was illegal for the police to enter the house to begin with, as the source of the report did not pass legal muster to constitute probable cause.

I thought he was arrested for disorderly conduct that was substantiated by the threatening manner in which Gates addressed Crowley no less than 3 times??

I don't care if you're inside or outside your own house. You can't make threats against a police officer and not expect to get taken down.

Napolitano may be onto something with Crowley entering Gates' house, because I found the details of Crowley's report a little sketchy on how he actually arrived inside the residence. He doesn't explicitly say how or why or when he entered the residence. But I would assume that investigating a break-in and finding someone engaged in making threats of retribution against a police officer would be covered under probable cause.

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Bottom line is this self righteous prick got what any of the rest of us would've got.

THE TRUTH SHALL SET YOU FREE GATES!!!

"Oh hi officer, I just arrived from out of town and I couldn't get through my door. My neighbor was probably just looking out for my house. I had to crawl in through a window. Thanks for responding. It's nice to know my neighbors are looking after me when I'm out of town".

THAT'S ALL IT TAKES GATES. JUST A LITTLE BIT OF COURTESY FOR THE PEOPLE WHO ARE LOOKING AFTER YOUR SELF-RIGHTEOUS ARROGANT ***!!!

What a ******* *******. Got what he deserved NO DOUBT.

I guess he can't give any credit to his neighbors looking out for him because they were white. He probably accused them of being racists before too. I hope they called the cops on him just to punk him into getting arrested. lol

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Bottom line is this self righteous prick got what any of the rest of us would've got.

THE TRUTH SHALL SET YOU FREE GATES!!!

"Oh hi officer, I just arrived from out of town and I couldn't get through my door. My neighbor was probably just looking out for my house. I had to crawl in through a window. Thanks for responding. It's nice to know my neighbors are looking after me when I'm out of town".

THAT'S ALL IT TAKES GATES. JUST A LITTLE BIT OF COURTESY FOR THE PEOPLE WHO ARE LOOKING AFTER YOUR SELF-RIGHTEOUS ARROGANT ***!!!

What a ******* *******. Got what he deserved NO DOUBT.

I guess he can't give any credit to his neighbors looking out for him because they were white. He probably accused them of being racists before too. I hope they called the cops on him just to punk him into getting arrested. lol

He got a beer in the whitehouse and a hasty pat on the back from the president. Is that what I should expect if I tell off a cop who is not the same race as I am?

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This whole thing is so absurd.

Man flies a LONG way home and has to break into his house in order to get some rest. Cop gets called to house over non-break in.

Both men were probably in a crap mood and were being overtly rude to each other and it just escalated. Now we have some ridiculous national debate about two dudes who were just being obnoxious to each other. If you weren't there, you don't know how it went down. simple as that.

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Bottom line is this self righteous prick got what any of the rest of us would've got.

THE TRUTH SHALL SET YOU FREE GATES!!!

"Oh hi officer, I just arrived from out of town and I couldn't get through my door. My neighbor was probably just looking out for my house. I had to crawl in through a window. Thanks for responding. It's nice to know my neighbors are looking after me when I'm out of town".

THAT'S ALL IT TAKES GATES. JUST A LITTLE BIT OF COURTESY FOR THE PEOPLE WHO ARE LOOKING AFTER YOUR SELF-RIGHTEOUS ARROGANT ***!!!

What a ******* *******. Got what he deserved NO DOUBT.

I guess he can't give any credit to his neighbors looking out for him because they were white. He probably accused them of being racists before too. I hope they called the cops on him just to punk him into getting arrested. lol

Exactly. Everybody pointing at race needs to remember that Crowley was the one that tried to save Reggie Lewis' life--you know a black dude...

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