it's a gray area with 'disturbing the peace'.
cops have that discretion. I dont agree with it. I think it opens up abuses. But there is no clear law. There should be one.
I think that's the main issue. Was there an abuse of the authority Crowley had? Was this a dick swinging contest?
If so, Crowley is definitely in the wrong. HE is the officer with the authority to make arrests, as such, he must be held accountable for how he exercises that authority entrusted to him, and using it to settle petty grievances is abuse.
How loud was gates? if he was screaming at them, he opened up the door to 'disturbing the peace' charge.
Sounds like both the cop and Gates were a-holes to each other. "Sir, please step outside" was the request. His reponse was to decline, and insult the cop's mom. He was begging them to take action. None of us in our right mind would say that to a cop after we just climbed in a window at 3 am.
We might if we were in our own homes, and not breaking any laws.
Furthermore, ...this wasn't a guy crawling in through a window at 3 am.
This was a man who was approached in his own home, in broad daylight at 12:44pm in the afternoon.
I dont think race had ANYTHING to do with things. I think a guy refusing their request then insulting their mother is why he ended up in cuffs.
Is that disturbing the peace, or disorderly conduct?
Or is that being rude & arrogant? If rudeness & arrogance were arrestable offenses,
...95% of GetBig would be rotting behind bars, without any chance of ever seeing the light of day.
it's tricky. What happens to our society if everyone yells "F**k you and your mama" to the police when they show up to investiate police calls?
Gates didn't yell "F**k you and your momma", ...but even if he had, ...it was already establish he was in his own home. What happens to society when police use the authority they are entrusted with to settle petty grievances, or as a salve to hurt feelings. It would be worse than living in some 3rd world African country where the cops freely walk through communities simply taking what they want, ...whether it be your money, your property, ...or your wife.
With the authority, comes accountability for how it's wielded. That's part of what makes America so great...
the requirement that those entrusted with power & authority, be held accountable for how they wield it.