Gates and the Police

Most of are now aware of the arrest of the African American Harvard Professor Henry Louis Gates Jr. in his own home recently. Even the President who calls Gates a friend has spoken publicly about this unfortunate but very common incident for many of us.

Why do Latinos and African Americans seem to be the ones in the news because they were arrested when they believe it was not warranted? Professor Gates was basically arrested in his own home for disorderly conduct. Was the actions of the professor illegal which warranted his arrest?

Most of us do not know all the details of this case, but we do know that all the charges were dropped quickly. It would assist everyone interested in this case if they knew exactly what was disorderly conduct in Cambridge, MA. According to an article written by Adam Winkler in the Huffingtonpost, there are clear decisions of the Massachusetts courts holding that a person who berates an officer, even during an arrest, is not guilty of disorderly conduct. And yet that is exactly what Gates was arrested for. Is this the main reason why the charges were dropped?

Unfortunately, many of us in this situation do not have our case dropped, and we have to go through the stressful, costly, and agonizing process of going to court along with being arrested, handcuffed, fingerprinted, and booked. If only we knew what the law and rules were when it comes to dealing with the police.

Some police have a zero tolerance policy when it comes to dealing with civilians. Other police officers almost expect a certain amount of back talk from civilians depending on the situation. Some of these officers believe that they need to have thick skin to be successful in their policing work. Other officers feel that different situations do not bring out the best attitude in civilians and understand to a certain extent when civilians are emotional, agitated, upset, nasty, stressed, or even lippy.

Since there is no hard rule to understand and follow, many of us find our self in a situation where the officer thinks that we have crossed the line and decides to arrest us. It would be very easy to say that whenever dealing with the police, it would be best to stay cool, answer all their questions, and do not ask questions. Although this approach may not have you cross the line with an officer, you certainly will feel as though you have no constitutional rights which you can exercise when dealing with the police.

We have to realize that whenever a police officer is left to decide based on his own personality, tolerance level, and perspective about a situation or person, we will never be quite sure where the line is drawn and how to walk up to it without crossing it if desired. Would a simple and standard warning from the police that is clear and everyone understands solve this problem?