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...porch on July 16 after yelling at the officer who responded to a report of a possible break-in at the Harvard scholar's home in Cambridge, Mass. Gates, who is black, accused Sergeant James Crowley, who is white, of being a racist and also cast aspersions about the cop's "mama." "Mr. Gates was given plenty of opportunities to stop what he was doing. He didn't. He acted very irrational. He controlled the outcome of that event," Crowley told WBZ Radio in Boston on July 23. (See TIME's photos of a wildlife forensics...

Author: /time Magazine | Title: The Gates Case: When Disorderly Conduct Is a Cop's Judgment Call | 7/25/2009 | See Source »

...Shane, who spent 17 years as a police officer in hardscrabble Newark, N.J., said that had he been the cop called to Gates' house, he would have left Gates and his huffy comments alone once he was sure Gates was the homeowner. He admits he may well have been offended by the professor's alleged bluster, but that's just part of the job, so much so that there's a term in police vernacular devoted to situations like this: contempt of cop...

Author: /time Magazine | Title: The Gates Case: When Disorderly Conduct Is a Cop's Judgment Call | 7/25/2009 | See Source »

...contempt of court, you get loud and abusive in a courtroom, and it's against the law," says Shane, now a professor of criminal justice at John Jay who specializes in police policy and practice. "With contempt of cop, you get loud and nasty and show scorn for a law-enforcement officer, but a police officer can't go out and lock you up for disorderly conduct because you were disrespectful toward them." The First Amendment allows you to say pretty much anything to the police. "You could tell them to go f___ themselves," says Shane, "and that's fine...

Author: /time Magazine | Title: The Gates Case: When Disorderly Conduct Is a Cop's Judgment Call | 7/25/2009 | See Source »

...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...

Author: /time Magazine | Title: Viewpoint: The Stupidity of the Gates Arrest | 7/25/2009 | See Source »

...commentary about this case is obsessed with exactly who said what to whom in the Gates home that day. Most white, and some black, TV talking heads obviously believe that Gates was stupid if he actually exercised his constitutional right to say anything he felt like saying to a cop. Because they know it is not terribly difficult to provoke U.S. police to violate their oaths and the law and arrest people for no legal reason...

Author: /time Magazine | Title: Viewpoint: The Stupidity of the Gates Arrest | 7/25/2009 | See Source »

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