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  1. #1
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    Apr 2009
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    Default Henry Louis Gates Arrested for Failure to Identify

    Henry Louis Gates, was confronted by an officer, who identified himself and asked for identificatin, Gates refused cooperation, Gates became hostile and was arrested.

    Can you be hostile, swear at a police officer and be arrested if:
    1 you are on your own property.....not public property
    2. Swear and use profianity on your own property.....not public property
    3. Can you be ordered out of your home to public property then arrested?

  2. #2
    Join Date
    Jan 2008
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    Default Re: Henry Louis Gates Arrested for Failure to Identify

    He was NOT arrested for failure to identify, he was arrested for disorderly conduct. I believe those charges have been dropped.
    The police can arrest you anywhere if necessary.

  3. #3
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    Toledo, OH
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    Default Re: Henry Louis Gates Arrested for Failure to Identify

    1. Yes
    2. Yes
    3. Yes
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  4. #4
    Join Date
    Sep 2005
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    California
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    20,391

    Default Re: Henry Louis Gates Arrested for Failure to Identify

    Here is the police report:

    http://www.policeone.com/policeone/d...ley_report.pdf

    Oh ... and the sergeant also happens to be a racial profiling instructor at the academy.

    I don't know ... If I had a neighbor outside saying a man just broke into a house and she did not recognize him, I'd contact the man and ask for ID, too. Why would I take his word for it that he lived there if the neighbor did not recognize him?

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
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    Default Re: Henry Louis Gates Arrested for Failure to Identify

    Great Point Carl!

  6. #6
    Join Date
    Aug 2007
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    3,835

    Default Re: Henry Louis Gates Arrested for Failure to Identify

    Quote Quoting Herb91T
    View Post
    Henry Louis Gates, was confronted by an officer, who identified himself and asked for identificatin, Gates refused cooperation, Gates became hostile and was arrested.

    Can you be hostile, swear at a police officer and be arrested if:
    1 you are on your own property.....not public property
    2. Swear and use profianity on your own property.....not public property
    3. Can you be ordered out of your home to public property then arrested?

    1. Maybe. Protected speech is not a crime, on or off private property.

    2. Maybe, see above.

    3. Ordered, legally, NO! If one complies they do so of thier own volition, whether they know the order is legal or not is not material.

    Once inside, legally, they can arrest for anything they could outside.

  7. #7
    Join Date
    Sep 2005
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    California
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    20,391

    Default Re: Henry Louis Gates Arrested for Failure to Identify

    Quote Quoting BOR
    View Post
    Once inside, legally, they can arrest for anything they could outside.
    Unless an element of a crime is that it be done in a public place.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Aug 2007
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    3,835

    Default Re: Henry Louis Gates Arrested for Failure to Identify

    Quote Quoting cdwjava
    View Post
    Unless an element of a crime is that it be done in a public place.

    - Carl

    Like what that would not apply in a home. I can think of a few rare examples.

  9. #9
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    Sep 2005
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    California
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    Default Re: Henry Louis Gates Arrested for Failure to Identify

    Quote Quoting BOR
    View Post
    Like what that would not apply in a home. I can think of a few rare examples.
    There are numerous crimes in CA that could not apply in one's own home ... displays of nudity, alcohol consumption - even by minors in many situations, fighting (unless a charge of battery is made), etc. Our Penal Code is full of violations that require the event occur in a public place. Granted, they are a minority of the offenses, but they are present.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Henry Louis Gates Arrested for Failure to Identify

    Quote Quoting cdwjava
    View Post
    There are numerous crimes in CA that could not apply in one's own home ... displays of nudity, alcohol consumption - even by minors in many situations, fighting (unless a charge of battery is made), etc. Our Penal Code is full of violations that require the event occur in a public place. Granted, they are a minority of the offenses, but they are present.

    - Carl


    I know there are exceptions, my post was not all inclusive, just a general statement, and if it is a minor in a home permitted to drink in the presence of parents, which is permitted in my state, but can't outside, as one example.

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