"'ll speak with your mama outside"

Discussion in 'Free Speech Alley' started by tirk, Jul 23, 2009.

  1. gumborue

    gumborue Throwin Ched

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    didnt hear that. then he should be arrested.

    if he wasnt answering their questions, then he should have been arrested. ive got no problem with that.

    my next question would be why were the charges dropped.
     
  2. OkieTigerTK

    OkieTigerTK Tornado Alley

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    Cambridge police: Race not mentioned in 911 call - Yahoo! News
     
  3. gumborue

    gumborue Throwin Ched

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    this says the law does not require gates to provide ID or answer questions.

    Henry Gates case raises the question: What is disorderly conduct? | A Conversation about Race | STLtoday

    "It asks: What exactly is disorderly conduct?

    The answer:

    Behavior that might cause a riot. Massachusetts courts have limited the definition of disorderly conduct to: fighting or threatening, violent or tumultuous behavior, or creating a hazardous or physically offensive condition for no legitimate purpose other than to cause public annoyance or alarm. (The statute, however, just says “idle and disorderly persons,” a formulation that is, on its own, patently unconstitutional.) Violators may be imprisoned for up to six months, fined a maximum of $200, or both.

    The stilted language in the Gates police report is intended to mirror the courts’ awkward phrasing, but the state could never make the charge stick. The law is aimed not at mere irascibility but rather at unruly behavior likely to set off wider unrest. Accordingly, the behavior must take place in public or on private property where people tend to gather. While the police allege that a crowd had formed outside Gates’ property, it is rare to see a disorderly conduct conviction for behavior on the suspect’s own front porch. In addition, political speech is excluded from the statute because of the First Amendment. Alleging racial bias, as Gates was doing, and protesting arrest both represent core political speech.

    The Explainer also tackles this question: Gates initially refused to emerge from his home and provide identification. Was he required to?

    The answer:

    No. There’s nothing to stop an officer from requesting your presence on the front porch or asking you questions, but he cannot force you to identify yourself or come out of your house without probable cause. (The rules are different for drivers and immigrants, who are required to provide identification upon request.) If you don’t feel like chatting, ask the officer whether you are free to go about your business. If he answers no, you are being detained, which means the officer must acknowledge and abide by your full menu of civil rights, including the famous Miranda warnings."
     
  4. BAY0U BENGAL

    BAY0U BENGAL I'm a Chinese Bandit

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    pretty sure investigating a possible burglary is PC enough...
     
  5. mobius481

    mobius481 Registered Member

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    Oh really? So I can break into a house and when a cop comes he has to ask me to come outside and provide ID and if I don't, there's nothing he can do about it? Why wouldn't every criminal just barricade himself into a house claiming it is his and watch TV and eat Cheetos until he has to come out?

    This viewpoint oversimplifies the situation by ignoring the fact that the man was breaking into his own home as was witnessed by a neighbor.
     
  6. LaSalleAve

    LaSalleAve when in doubt, mumble

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    a cop can arrest you for anything he or she wants to arrest you for, the laws are so vague that they can cite just about anything they want. There is always a pretty good chance that you will beat the rap, but you will take the ride.
     
  7. BAY0U BENGAL

    BAY0U BENGAL I'm a Chinese Bandit

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    I think it just boils down to a lack of respect for police. And there are so many stupid laws, you actually can be arrested for anything. But, it's a fun bandwagon to jump on :dis:
     
  8. martin

    martin Banned Forever

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    you really think blacks folks are idiots dont you? they need our compassion?

    compassion for what? some whiteys dont like them? boohoo.

    blacks have things worked out just fine without my stupid condescending "compassion".

    the more we pretend blacks need compassion or understanding, the weaker they appear.

    we live in maybe the least racist nation on earth. if you cant get along here, the problem is yours.
     
  9. red55

    red55 curmudgeon Staff Member

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    POLITICS for one.

    I don't know the law in Connecticut, but it has always been my understanding that a citizen must show ID to a policeman upon request. There was a reported break-in, so the police have probable cause to ask questions and determine if there is a crime scene here or not.
     
  10. gumborue

    gumborue Throwin Ched

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    so i can call the Calcasieu Parish Sherriff's Office at about 6:00 tonight and say i saw some guy with a LSU hat on breaking into your house. you get a knock on the door and you have to show ID? (im playing devil's advocate here. id show id, but i bet there are a lot of ruby ridge types that wouldnt). id think that if this were the case that there would be a lot of kids pulling this prank instead of rolling houses.

    the less than authoritative link i provided said the MA law says only while driving a car or noncitizens/visa holders.
     

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