Starchild may like some of this...
http://emptywheel.firedoglake.com/2009/07/23/henry-louis-gates-contempt-of-cop/
Indeed Phil, excellent blog comments, thanks for posting. If anyone's collecting bumper sticker ideas, add "'CONTEMPT OF COP' IS NOT A CRIME!"
Love & Liberty,
((( starchild )))
Starchild may like some of this...
http://emptywheel.firedoglake.com/2009/07/23/henry-louis-gates-contempt-of-cop/
Now, back to the merits of Professor Gates' claim; they are many and profound. From the New York Times:
But in the report, Sergeant Crowley said that as he told Professor Gates he was investigating a possible break-in, Professor Gates exclaimed, “Why, because I’m a black man in America?” and accused the sergeant of racism.
“While I was led to believe that Gates was lawfully in the residence,” Sergeant Crowley wrote in the report, “I was quite surprised and confused with the behavior he exhibited toward me.”
Professor Gates followed him outside, the report said, and yelled at him despite the sergeant’s warning “that he was becoming disorderly.” Sergeant Crowley then arrested and handcuffed him. Professor Gates was held at police headquarters for hours before being released on his recognizance.
There is a concept known as "driving while black" literally synonymous with unlawful racism and racial profiling in America. What appears to have occurred with Gates makes driving while black look like a legitimate and justified police practice in comparison. Professor Gates was in his own home and showed appropriate identification exhibiting the same. At that point the incident needs to end. Period. If Gates demands the responding officer's name, it is a reasonable request, the officer needs to say he is sorry, give Gates his name and badge number and leave. It is really the only reasonable action under the circumstances.
But that, of course, is not what occurred. Instead, the officer seems to have become angered and bellegerent that Gates would be so forward as to demand his identification. At this point, little old Professor Gates, who walks with a cane, was in what is known in the criminal justice field as "contempt of cop".
The salient problem for the Cambridge Police Department is contempt of cop is simply not a crime, even if profanity is directed at the officer, a situation escalator not even present in Gates' case. In fact, there is a case I have argued with success many times, Duran v. City of Douglas, 904 F.2d 1372 (9th Cir. 1990) which, in an opinion written by now 9th Circuit Chief Judge Alex Kosinski, provides:
Duran's conduct is not totally irrelevant, however, as it suggests a possible motive for his detention, one upon which law enforcement officers may not legitimately rely. The Durans contend, and the district court held, that Aguilar stopped their car at least partly in retaliation for the insult he received from Duran. If true, this would constitute a serious First Amendment violation. "[T]he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers." Hill, 482 U.S. at 461, 107 S.Ct. at 2509. The freedom of individuals to oppose or challenge police action verbally without thereby risking arrest is one important characteristic by which we distinguish ourselves from a police state. Id. at 462-63, 107 S.Ct. at 2510. Thus, while police, no less than anyone else, may resent having obscene words and gestures directed at them, they may not exercise the awesome power at their disposal to punish individuals for conduct that is not merely lawful, but protected by the First Amendment.
...
No less well established is the principle that government officials in general, and police officers in particular, may not exercise their authority for personal motives, particularly in response to real or perceived slights to their dignity. Surely anyone who takes an oath of office knows--or should know--that much. See Hill, 482 U.S. at 462, 107 S.Ct. at 2510. Whether or not officer Aguilar was aware of the fine points of First Amendment law, to the extent he is found to have detained Duran as punishment for the latter's insults, we hold that he ought to have known that he was exercising his authority in violation of well-established constitutional rights.
Sounds pretty much on point doesn't it? It is. The City of Cambridge, Sergeant Crowley, and the other individual officers actively participating in the wrongful arrest of Professor Henry Louis Gates are in a world of hurt legally. They may want to rethink the company line of no official apology.
UPDATE: Via Rayne's link to DKos in comments, and the Boston Globe, the Statement of Facts from the official police report in the Gates arrest:
On Thursday July 16, 2009, Henry Gates, Jr. ___ of ___ Ware Street, Cambridge, MA) was placed under arrest at __ Ware Street, after being observed exhibiting loud and tumultuous behavior, in a public place, directed at a uniformed police officer who was present investigating a report of a crime in progress. These actions on behalf of Gates served no legitimate purpose and caused citizens passing by this location to stop and take notice while appearing surprised and alarmed.
Signed: Sgt. James Crowley
And therein lies the problem for Sergeant Crowley and the Cambridge PD. It was a patently illegal and insufficient arrest from the start. Gates is arrested for disturbing the peace - of Sergeant Crowley. See the words "directed at a uniformed officer"? This is the epitome of contempt of cop, and that is an illegal and unconstitutional arrest. What is not contained in the statement of facts is any reference to anidentifiable citizen/member of the public being disturbed. None whatsoever. This is precisely the type of conduct castigated historically by courts as generally described in Duran v. City of Douglas.