Obama: I telephoned Harvard professor's arresting officer

[clambake]

And actually wouldn't stealing drugs/drug money from a drug dealer be the an hesis of crime? I dunno, it's a grey area.

i like the premise. a lesser dirty, dirty act.

[Creepn]

If disorderly conduct was such a justified reason to arrest in this situation, then why did they drop the charges??

[Creepn]

Good point, but at least I didn't smoke it. And actually wouldn't stealing drugs/drug money from a drug dealer be the an hesis of crime? I dunno, it's a grey area. Just call me Omar.

Haha Omar. Man I'd give you major props if you actually did make a living like Omar.

[angrydude]

If disorderly conduct was such a justified reason to arrest in this situation, then why did they drop the charges??

Because the cops aren't the DA.

The cop didn't have to arrest him but was legally justified to do so even if it was unnecessary. But cops do that all the time, so, what else is new.

[LnGrrrR]

Disorderly Conduct

Disorderly conduct is one of the most common offenses in the United States, and is often the result of unreasonable police officers giving someone a hard time until they lose their cool.
Disorderly conduct generally includes most kinds of unruly or disturbing behaviors, which acts to provoke a disturbance.
Disorderly conduct laws exist in every state, and are often used as a “catch-all” charge for minor offenses. It is important to note that disorderly conduct is a prosecutable offense, which can lead to fines, jail time, and other punishments upon conviction.
Examples of Disorderly Conduct
Disorderly conduct offenses vary widely by state. Here are some of the most common acts that are considered disorderly conduct offenses:

• Public drunkenness
• Inciting a riot
• disturbance of the peace
• loitering in certain areas
• fighting / physical altercations
• obstructing traffic
• use of extremely obscene or abusive language
• loud or unreasonable noise

Given the wide range of behaviors that could cons ute disorderly conduct, a person may be arrested for this crime without proper cause. Virtually any socially offensive or disruptive conduct may be prosecuted as disorderly conduct.
Consequences of Disorderly Conduct
While disorderly conduct may seem like an insignificant charge at first, individuals with a disorderly conduct conviction on their record may have a difficult time pursuing educational, career, and other opportunities in the future. In addition, a disorderly conduct conviction may influence the outcome of any subsequent bout with the law.
Disorderly conduct charges might be dropped after an arrest or may be prosecuted as misdemeanors. In some more serious cases, disorderly conduct can be prosecuted as a felony, which may result in significant jail time.
A disorderly conduct conviction can bring significant punishment, including fines, community service, compulsory counseling, and jail time. A judge sentencing someone for disorderly conduct will often consider that person’s criminal history.
A first-time offender's disorderly conduct sentence is typically very light. This sentence may be even be suspended if certain conditions are met.





google is your friend, faildump

Wow. AMAZING Viva. You never fail to impress.

Of course, you made sure not to bold CERTAIN passages. I italicized and underlined them for you.

Way to read only what you wanted to read.

[LnGrrrR]

I agree that this guy was stupid and should've been more polite. I don't agree with the idea that he should have been arrested, necessarily, for disagreeing/being a with the officer.

I find it strange that the officer would say that if he had further questions, to step outside, without warning him that, hey, if you DO step outside and continue being loud, I can arrest you for disorderly conduct.

[Clandestino]

just read report.. that cop... he just got pissed off for being called out. he needs to be suspended without pay for a few months.

[ducks]

The cop acted stupidly.

the president with his degree from a the overrated colledge acted more stupidly

[ducks]

it was a very power trip move for the president to get involved in this
he had NO ING BUSINESS TO GET INVOLVED

[ChumpDumper]

Wow. AMAZING Viva. You never fail to impress.

Of course, you made sure not to bold CERTAIN passages. I italicized and underlined them for you.

Way to read only what you wanted to read.

Viva Las Esfailas didn't bother googling the actual Massachusetts statute and case law, otherwise he wold have found this. I posted this in the other thread, but if we are talking about actual matters of law here, it's worth repeating.

What is “disorderly conduct” anyway?

Here is the Massachusetts statute under which Gates was arrested, Mass. G. L. ch. 272, s. 53:

Common night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.

Here is a recent gloss by a Massachusetts court (adopting Model Penal Code s. 250.2(a)):

A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (a) engages in fighting or threatening, or in violent or tumultuous behavior.... ‘Public’ means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

Massachusetts courts have rejected MPC s. 250.2(b) as a violation of free speech rights. So this provision is not part of Massachusetts law:

(b) makes unreasonable noise or offensively coarse utterance, gesture or display, or addresses abusive language to any person present.

And here are some squibs:

Arrest under Massachusetts “idle and disorderly person” statute was unlawful under Massachusetts law, where defendant was arrested for yelling, screaming, swearing and generally causing a disturbance but, though the yelling was undoubtedly loud enough to attract the attention of other guests in hotel, it did not rise to level of “riotous commotion” or “public nuisance.” U.S. v. Pasqualino, D.Mass.1991, 768 F.Supp. 13.

And –

Defendant who did not physically resist his arrest arising out of a domestic violence incident could not be convicted of disorderly conduct based solely on his loud and angry tirade, which included profanities, directed at police officers as he was being escorted to police cruiser, even if spectators gathered to watch defendant; defendant did not make any threats or engage in violence, and his speech did not cons ute fighting words. Com. v. Mallahan (2008) 72 Mass.App.Ct. 1103, 889 N.E.2d 77, 2008 WL 2404550.

And –

Defendant's conduct, namely, flailing his arms and shouting at police, victim of recent assault, or both, after being told to leave area by police, did not amount to “violent or tumultuous behavior” within scope of disorderly conduct statute, absent any claim that defendant's protestations cons uted threat of violence, or any evidence that defendant's flailing arms were anything but physical manifestation of his agitation or that noise and commotion caused by defendant's behavior was extreme. Com. v. Lopiano (2004) 805 N.E.2d 522, 60 Mass.App.Ct. 723.

Here is more from that case:

[Officer] Garrett asked the defendant to exit the vehicle. As the defendant was getting out of the car, he “kept saying no problem here, no problem here, everything is all set, no problem.” The police advised the defendant that he would be summonsed to court for assault and battery, that he was not to be arrested at Carins's [the alleged victim] request, and that he had to leave the motel parking lot. He began to walk away. [Officer] O’Connor testified: “He took a few steps from me, ten steps, turned around, began flailing his arms, yelling that I was violating his civil rights.” He was advised a second time to leave, and the defendant was “yelling at me, you're violating my civil rights, then he began yelling at Ms. Carins, why are you doing this to me, you'll never go through with this.” At that time, he was placed under arrest. It is not disputed that only the defendant's conduct after he left the car forms the basis of the disorderly conduct charge.

http://www.volokh.com/posts/1248465451.shtml

No wonder the charges were dropped.

[ChumpDumper]

the president with his degree from a the overrated colledge acted more stupidly

No, it was stupid the way he went about it, but not more stupid than an unnecessary arrest.

it was a very power trip move for the president to get involved in this
he had NO ING BUSINESS TO GET INVOLVED

What power trip? He didn't arrest anyone. There was no exercise of power on the president's part, only an expression of opinion. You have a poor definition of power trip. According to your definition, you are now on a power trip and you have no ing business being involved.

[DarrinS]

Two men with big egos acted stupidly, but which one of them stereotyped the other?

[ChumpDumper]

Which one of them put the other in jail?

No one here has defended Gates' characterization of Crowley.

[DarrinS]

Which one of them put the other in jail?

No one here has defended Gates' characterization of Crowley.

I suppose if I devoted 30+ years of my life studying and teaching Afro-American studies, I might act like Gates too. If my whole world revolved around racial injustice, I'd probably be hypersensitive to any perceived racial injustice too.


What's really troubling is that Obama is apparently good friends with the guy. Gates' philosophy is very Rev. Wright-esque.

[ChumpDumper]

I suppose if I devoted 30+ years of my life studying and teaching Afro-American studies, I might act like Gates too. If my whole world revolved around racial injustice, I'd probably be hypersensitive to any perceived racial injustice too.

So what? That's no reason to be thrown in jail.

What's really troubling is that Obama is apparently good friends with the guy. Gates' philosophy is very Rev. Wright-esque.

Troubling in what way? Be specific about your fears.