Viewpoint: The Stupidity of the Gates Arrest (O'Donnell in Time)

[lindisfarne]

There is no crime described in Crowley's official version of the way Gates behaved. Crowley says explicitly that he arrested Gates for yelling. Nothing else, not a single threatening movement, just yelling. On the steps of his own home. Yelling is not a crime. Yelling does not meet the definition of disorderly conduct in Massachusetts. Not a single shouted word or action that Crowley has attributed to Gates amounts to disorderly conduct. That is why the charges had to be dropped. (Read TIME's report: "Gates' Disorderly Conduct: The Police's Judgment Call")

In classically phony police talk, Crowley refers to " continued tumultuous behavior." When cops write that way, you know they have nothing. What is tumultuous behavior? Here's what it isn't: he brandished a knife in a threatening manner, he punched and kicked, he clenched his fist in a threatening manner, he threw a wrench or, in the Gates house, maybe a book. If the subject does any of those things, cops always write it out with precision. When they've got nothing, they use phrases that mean nothing. Phrases like tumultuous behavior.

Unless you confess to a crime,or threaten to commit a crime, there is nothing you can say to a cop that makes it legal for him to arrest you. You can tell him he is stupid, you can tell him he is ugly, you can call him racist, you can say anything you might feel like saying about his mother. He has taken an oath to listen to all of that and ignore it. That is the real teachable moment here — cops are paid to be professionals, but even the best of them are human and can make stupid mistakes.

We have an uncomfortable choice with Sergeant Crowley. Either he doesn't know what disorderly conduct is or Crowley simply decided to show Gates who's boss the only way he knew how at the time — by whipping out his handcuffs and abusing his power to arrest. Police make the latter choice in this country every day, knowing that the charges are going to have to be dropped. (See TIME's 10 Questions for Henry Louis Gates Jr.)

http://www.time.com/time/nation/article/0,8599,1912778,00.html?artId=1912778?contType=article?chn=us

[Ken Burch]

1. O'Donnell nailed it.

n/t.

[lexanman]

2. k and r

here is the definition of tumult


1 a: disorderly agitation or milling about of a crowd usually with uproar and confusion of voices : commotion b: a turbulent uprising : riot
2: hubbub, din
3 a: violent agitation of mind or feelings b: a violent outburst


was Gates tumultuous?

No.

He was quite orderly asking repeatedly for the officer badge number and name.

that is not diorderly agitation. turbulent uprising riot? uh No.

a violent agitation of mind or feelings? No. violent outburst? If asking repeatedly for ID is a violent outburst, Im a 10 foot tall green monster.

This was an unlawful arrest and Crowley knows it. It is precicely why the charges were dropped, and Gates has every right to take legal action.

[Jade Fox]

3. K & R

[callous taoboy]

4. Well said. K & R

[gopiscrap]

5. Excellent!!!!

[noiretextatique]

6. "written confession of a false arrest"

crowley acted stupidly twice: first, when he arrested gates without cause. second, when he wrote a police report that is a confession to false arrest.

[indepat]

8. But, but, but, isn't it reported a Michigan 'puke congressman is going to introduce a resolution

demanding the president apologize to Crowley? :P

[handmade34]

7. good article

[CLANG]

9. I'm sending this to some close, and loved, but mixed up relatives.

Thanks for posting this!