Would a police officer arrest a white home owner in their own home when called to the scene of a burglary?
Do you believe the officer who arrested Gates was racist ?
If an officer is given identification & led to believe you're in your own house why would the officer not apologize for the misunderstanding and be on his way?
Would this have happen to a white person ?
-----POLICE REPORT-------
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 the behalf of Gates served no legitimate purpose and caused citizens passing by this location to stop and take notice while appearing surprised and alarmed.
...When I arrived at Ware Street I radioed ECC and asked that they have the caller meet me at the front door to this residence. I was told that the caller was already outside. As I was getting this information, I climbed the porch stairs toward the front door. As [reached the door, a female voice called out to me. I looked in the direction of the voice and observed a white female, later identified {} who was standing on the sidewalk in front of the residence, held a wireless telephone in her hand arid told me that it was she who called. She went on to tell me that she observed what appeared to be two black males with backpacks on the porch of• Ware Street. She told me that her suspicions were aroused when she observed one of the men wedging his shoulder into the door as if he was trying to force entry. Since I was the only police officer on location and had my back to the front door as I spoke with her, I asked that she wait for other responding officers while I investigated further.
As I turned and faced the door, I could see an older black male standing in the foyer of {} Ware Street. I made this observation through the glass paned front door. As I stood in plain view of this man, later identified as Gates, I asked if he would step out onto the porch and speak with me. He replied “no I will not”. He then demanded to know who I was. I told him that I was “Sgt. Crowley from the Cambridge Police” and that I was “investigating a report of a break in progress” at the residence. While I was making this statement, Gates opened the front door and exclaimed “why, because I’m a black man in America?”. I then asked Gates if there was anyone else in the residence. While yelling, he told me that it was none of my business and accused me of being a racist police officer. I assured Gates that I was responding to a citizen’s call to the Cambridge Police and that the caller was outside as we spoke. Gates seemed to ignore me and picked up a cordless telephone and dialed an unknown telephone number. As he did so, I radioed on channel I that I was off in the residence with someone who appeared to be a resident but very uncooperative. I then overheard Gates asking the person on the other end of his telephone call to “get the chief’ and “whats the chiefs name?’. Gates was telling the person on the other end of the call that he was dealing with a racist police officer in his home. Gates then turned to me and told me that I had no idea who I was “messing” with and that I had not heard the last of it. While I was led to believe that Gates was lawfully in the residence, I was quite surprised and confused with the behavior he exhibited toward me. I asked Gates to provide me with photo identification so that I could verify that he resided at Ware Street and so that I could radio my findings to ECC. Gates initially refused, demanding that I show him identification but then did supply me with a Harvard University identification card. Upon learning that Gates was affiliated with Harvard, I radioed and requested the presence of the Harvard University Police.
With the Harvard University identification in hand, I radioed my findings to ECC on channel two and prepared to leave. Gates again asked for my name which I began to provide. Gates began to yell over my spoken words by accusing me of being a racist police officer and leveling threats that he wasn’t someone to mess with. At some point during this exchange, I became aware that Off. Carlos Figueroa was standing behind me. When Gates asked a third time for my name, I explained to him that I had provided it at his request two separate times. Gates continued to yell at me. I told Gates that I was leaving his residence and that if he had any other questions regarding the matter, I would speak with him outside of the residence.
As I began walking through the foyer toward the front door, I could hear Gates agai,n demanding my name. I again told Gates that I would speak with him outside. My reason for wanting to leave the residence was that Gates was yelling very loud and the acoustics of the kitchen and foyer were making it difficult for me to transmit pertinent information to ECC or other responding units. His reply was “ya, I’ll speak with your mama outside”. When I left the residence, I noted that there were several Cambridge and Harvard University police officers assembled on the sidewalk in front of the residence. Additionally, the caller, md at least seven unidentified passers-by were looking in the direction of Gates, who had followed me outside of the residence.
As I descended the stairs to the sidewalk, Gates continued to yell at me, accusing me of racial bias and continued to tell me that I had not heard the last of him. Due to the tumultuous manner Gates had exhibited in his residence as well as his continued tumultuous behavior outside the residence, in view of the public, I warned Gates that he was becoming disorderly. Gates ignored my warning and continued to yell, which drew the attention of both the police officers and citizens, who appeared surprised and alarmed by Gates’s outburst. For a second time I warned Gates to calm down while I withdrew my department issued handcuffs from their carrying case. Gates again ignored my warning and continued to yell at me. It was at this time that I informed Gates that he was under arrest. I then stepped up the stairs, onto the porch and attempted to place handcuffs on Gates. Gates initially resisted my attempt to handcuff him, yelling that he was “disabled” and would fall without his cane. After the handcuffs were property applied, Gates complained that they were too tight. I ordered Off. Ivey, who was among the responding officers, to handcuff Gates with his arms in front of him for his comfort while I secured a cane for Gates from within the residence. I then asked Gates if he would like an officer to take possession of his house key and secure his front door, which he left wide open. Gates told me that the door was un securable due to a previous break attempt at the residence. Shortly thereafter, a Harvard University maintenance person arrived on scene and appeared familiar with Gates. I asked Gates if he was comfortable with this Harvard University maintenance person securing his residence. He told me that he was.
http://www.boston.com/news/local/breaking_news/2009/07/harvard.html
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M$10 Answers
http://www.theroot.com/views/skip-gates-speaks?page=0,2
Having read both accounts it seems that neither party had much empathy for the other. The cop could have remained more calm and dropped the issue, walked away and let the african american cop on the scene take over (i.e. prove there was no race involved).
Gates clearly got loud and offended and was berating and threatening the officer--perhaps because the cop came on too strong at the start.
None of us can know exactly went down, but clearly cooler heads did NOT prevail and they could have. Without taking any side here, I think Police officers need to be trained to defuse situations like these and be more Zen like in dealing with charged race issues.
In order to heal this situation I'd like to see the two of these men share dinner and a couple of drinks. Learn about each other's lives and tape the encounter and make it into a documentary. I'm sure neither one is as bad as they are being portrayed.
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M$Can you be charged disorderly conduct within your own house ?
Yes. Just because you're on private property doesn't mean that you can't be charged with something. Also, a police officer can charge you with anything at all - the charge may not stick and the officer may find themselves in review for their actions, but safety comes first for cops. If they're nervous, they'll take control of the situation. Sometimes that means arresting people for erroneous charges.
2)
Do you believe the officer who arrested Gates was racist ?
Based on his report, no. However, a report is only as accurate as the person providing the information. Often, the truth in a disagreement between two people and the answer lies in the middle of both arguments.
3)
If an officer is given identification & led to believe you're in your own house why would the officer not apologize for the misunderstanding and be on his way?
Gates produced an informal ID card. I don't think that any student cards list home addresses. This would be a security concern.
The officer was trying to verify that the person he was talking with lived in the house. It sounds like he wanted to verify that Gates was not the person who had broken into the home. It sounds like he assessed this information without proper ID and as a result, was left on edge about the situation. The woman on the road reported that she called the police. Gates could have easily been the assailant.
4)
Would this have happen to a white person ?
It's very difficult to run "what if" scenarios on events like this. The officer was alone and on edge. He is trained to consider his personal safety first.
I'd like to believe that police officers don't look at "what" a person is only "who" a person is and what that person is doing. While this is sometimes not the case, based solely on the officers report, yes, I do think that this would have happened to a white person.
"I told him that I was “Sgt. Crowley from the Cambridge Police” and that I was “investigating a report of a break in progress” at the residence. While I was making this statement, Gates opened the front door and exclaimed “why, because I’m a black man in America?”."
I think that there could easily be something missing from Sgt. Crowley's report here. For some reason, Gates reacted to the Sgt's request. This is likely where a formal investigation will focus. Exactly why was Gates agitated? Did Sgt. Crowley provoke him and not report it? Was Gates under the influence of drugs or alcohol? Did Gates experience a racist event in the past that caused this action? This is all well beyond the report and cause for further investigation.
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M$
@krusheasy
The truth lies somewhere in the middle. Both people have different views of the event. When I look at the shape of a tree from one perspective, it may look like a triangle. When I look at the same tree from another perspective, it may look like a sphere. If I want to understand what shape the tree actually is, I need to look at it from each angle.
Having a clearer view of this topic now, I can say that I'm not particularly empathetic towards either person. The cop should have been nicer, the homeowner should have been respectful. The cop was on edge (concerned for his safety) and the homeowner felt that his rights were being violated.
I don't think either person is correct in this case. This is story does highlight one of the biggest problems with racism. The cop may not be a racist man. Gates may have been treated unfairly. Both people allowed their preconceptions of the other to escalate a simple issue into a large problem.
Perspective is sometimes a difficult thing for people in situations like these to maintain.
@spoon u say below "a persons attitude is certainly a viable reason for arrest." And you say above an officer "has to look out for their own safety and if that means arresting someone."
The officer could have also given him his name and diffused the situation. How is asking for an officers name somehow threatening the life of an officer ?
@robbrown I agree with you 100%
In the end the officer has to look out for their own safety and if that means arresting someone because they are acting out (whether that is physical or verbal) so be it :)
Since Gates produced an ID with his address on it, this does change things.
However, I'm still not convinced that the officer wasn't concerned for his safety. Cop's know that they get into big trouble (even fired) for doing things like "luring" people out of houses to trump up a charge.
Rodney King highlighted that there are cameras everywhere. This officer was in a crowd of other people. It doesn't make sense to me that if he is a racist or was otherwise going to abuse the law that he'd do it this way.
Regardless, it sounds like a mistake was made. There are major components of this story missing. Hopefully the legal system and internal affairs processes do their job to fill in the blanks for both Gates and Crowley.
Hmmmmm....
I may have wanted Gates outside too.
It's pretty easy to hide a gun under a window.
I have 0 police training but I have to think that there is some clear procedural training for situations like this.
In Gates version of the story he gave the officer not only his work ID but is Massachusetts driver license also. After looking at the ID Gates continued to ask the officer his name which is when the officer "tricked" him into coming outside. The officer said in his report, "the acoustics of the kitchen and foyer were making it difficult for me to transmit pertinent information." This sounds like a total fabrication. I believe the officer wanted to lure Gates outside the house where he would continue to not give him his name, as requested, which would in the officers mind give him authority to make an arrest for the disturbing the peace charge. However, Gates knew better than to leave his house. "Disorderly conduct is the unlawful interruption of the peace, quiet, or order of a community." I disagree that someone can be charge with disorderly conduct within their own home.
"you CAN be charged with a crime in your own home, on your own property" ... you're a little off base talking about a murder. I was asking about burglary/disturbing the peace and how that relates to the Gates issue.
@robbrown I agree
I like Jason's quote. "None of us can know exactly what went down, but clearly cooler heads did NOT prevail and they could have."
EXCELLENT reply Rob Brown. Especially dispelling the myth (that I tried to do) that you CAN be charged with a crime in your own home, on your own property. I knew it could happen, but until a few months ago, did not personally know anyone that it DID happen to. Share and Share... keep talking! It is very educational for all of us. thank you and God Bless... Peace and out, Krysstel
The officer was LEAVING when the when gates exited his home and continued to shout at the officer in full view of people outside. "Due to the tumultuous manner Gates had exhibited in his residence as well as his continued tumultuous behavior outside the residence, in view of the public, I warned Gates that he was becoming disorderly." He was warned to be calm or he would be arrested. I don't care who you are, if the cop is LEAVING let them go, then call and complain, call the aclu, call jesse jackson, make banners, whatever. BUT let the cop leave.
He was not arrested for burglary. He was arrested for mouthing off to the officer. He was warned multiple times to calm down, He did not and continued to cause a scene. This would/should happen in any city, any color, I don't care who you are. Chase a cop out of your house and yell at him on the sidewalk in full view of other people and see what happens then.
Based upon what I read above
1. Police officers need to be trained more in the act of report writing. This would have been a lot more clear cut if this guy could write reports better.
2. Gates was indignent from the first conversation with the police officer.
This situation would have been alot easier if Gates was respectful to the officer. "No officer, I saw no youths with backpacks, today, but I hope you catch them as they broke into my house previously. Thank you for checking on me".
However, seeing as how the news has ran with this, here's how this will play out: Gates will get a formal apology from the Police Department. The officer will get a note in his file and have to attend 'sensitivity training'. Gates will be a big hero to black America for a while as those who cannot read the the full report will assume the worst. Cops in America will get another mark againist them for 'racial profiling' and be less effective in doing their jobs as now they have a bunch more rules to follow instead of catching criminals.
On a different but similiar note, I dealt with a similiar issue a while back. I worked in retail and asked someone if I could help them. They screamed at me, called me a racist and stormed out. They later came back and complained to management (who unknown to both of us had witnessed the previous scene) he thanked her and told her it would be dealt with immediately. She left. He mentioned to me that she had a 'chip on her shoulder' and he didn't see me act any differently to her than I would have anyone else. He was not conceerned and it became a non issue quickly. The problem with all these things is if you are dealing with the public, people could still bring unknown issues to the table. She could have been confronted in the previous store, Gates could have been angry at something else and brought it into the conversation with the officer. In today's world, lots of people are angry to begin with and its easy to unleash on public officials or people in retail or whatever...
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M$
You admit it yourself. "He was arrested for mouthing off to the officer."
The officer did want to hear what he had to say so he arrested him. You notice at the end where he says the door was left wide open ... it's because Gates knew better than to step outside his house.
Sure, Gates acted a fool. He was being accused a criminal. This is the stereotype, in his view, of how alot of white people view blacks in America ...and it pissed him off. I think the majority of white America is either blind or lacks the empathy to comprehend the extent that this impacts the African American culture.
@krusheasy I think a persons attitude is certainly a viable reason for arrest. With the number of officers that are hurt in the line of duty they need to go into ALL situations being prepared for the worst and if someone gives an attitude the only way to control the problem is arrest so they understand that the office is the person of authority in the situation. Do I think some officers abuse that?? Of course... but I would rather have a few officers abuse the power instead of the officers not having the power/control to keep themselves and everyone around them safe.
Gates said this morning he was not upset with his neighbor and that he plans on buying them flowers. He said he hopes they continue to be vigilant watching his neighborhood as he spend alot of time on the road.
I find it amazing also how a persons attitude is grounds for being arrested.
After reading more of the story here: http://www.politico.com/news/stories/0709/25329.html
Including the back story (why the police were called and who called them, and even who the black males were 'breaking in' to the house)..
I would LOVE to have neighbors like the one who called the police. My neighbors all live in their houses with the blinds closed..
All Gates would have had to do is thank the officer and show him he lived there, he could have gone so far as to show him the jammed door.
Amazing how his attitude got him arrested.
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M$Yes.
2. Do you believe the officer who arrested Gates was racist ?
Probably. But I need more information to make a complete judgment. Reading the officer's report alone merely gives the officer's perspective, and usually people are not quick to admit that they did something stupid if they did it.
Full disclosure, I am black and have been in a racial profiling situation (long story, involved a Muslim friend) and have had family members and acquaintances who were racially profiled. It's pretty common.
If an officer is given identification & led to believe you're in your own house why would the officer not apologize for the misunderstanding and be on his way?
I feel like he arrested him more because of losing face than much disorderly conduct (loud parties and drunken neighbors seems much more disorderly to me than yelling). Additionally, this happened in the middle of the day, according to the Boston Globe, so I don't see what noise ordinance could have been broken. Also, Henry Louis Gates is not a big guy at all, he's an older man, and if you saw the last African American Lives, he did, at least then, did walk with a cane. And what's with the handcuffs? The man is not a violent criminal, and you would think, based on the non-severity of the conduct, if the officer wanted to punish Gates he could have given him a fine or some other disciplinary action. A person in handcuffs to me signals that that person is a threat, not upset.
4. Would this have happen to a white person ?
Anything is possible, but I think the situation in which this would likely happen to a white person would have to do with appearing to be "low class". I think class profiling happens to white people much more than racial profiling--a white man in a wife beater who looks unkempt could arouse suspicion--the idea of "white trash" and all that.
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M$With that said Policing is hard work, and police are human. I have heard how hard a police officers job can be if the person they are talking with is unhappy.
If i was being treated by a police office like Gates was i know i would be pissed off and would probably have been very rude to the police office. A good police office would try to calm me down and be somewhat understanding to the situation. A bad one would use the powers that he has to detain me. It looks like this one was a bad police office (at least in this case).
We really can't say from this one situation anything of this police office other then it looks like he made a mistake. I would give the benefit of the doubt to him and say he was just trying to do his best.
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Do you believe the officer who arrested Gates was racist? No. Why? Because he taught a race relations class and instructed new officers on how to avoid racial profiling and singling people out. This was his area of expertise - to not do the exact thing he has been accused of. In addition, he has the support of the officers of his district - both blacks and white commend him.
As to the main question, would this happen if they were both white? If the homeowner was acting out like Gates, I should certainly hope so. I know I've been hassled by white cops before, and I'm white. I don't think race was the issue here (except maybe on Gates' part) - I think actions and attitude were the driving force resulting in the arrest.
Oh, and one final thing? The second officer's report corroborates the end of the story. That is missing from your question, but is included as page three on the link below.
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M$
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M$You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
Asking the officer for his name is acting uncontrollable ?
He gave the officer his identification & proved he was lawfully in the residence. For the officer to say a man who requires the assistance of a cane to walk is somehow a "threat" is just ridicules. The fact that the charges were dropped proves my point; the officer abused his authority.
Yes, the officer saw the ID bu the man wouldn't let it go. The officer did nothing incorrect, the man was out of control and it is the officer's duty to see that the behavior ceased before anything more came of it. He is a PEACE officer, and it's his duty to maintain the peace. They were drawing quite a crowd and the man was not being co-operative, The officer warned him, but the man persisted. We see drunks arrested for exactly the same behavior here in our town. They can't shut up for some reason. The man was out of control and so he was put under arrest, and order was restored.
Just because a man uses a cane is no excuse for the behavior he exhibited. This is just one of those situations that people use to argue something else entirely. It had nothing to do with race, and everything to do with belligerent, abusive, loud-mouthed behavior.
The charges were dropped as they often are once a person gets control of themselves. The man could have avoided all this trouble just by keeping his mouth shut and co-operating with the police. Like a sane person.
Yes you can be charged with attempted murder in your own home, protecting yourself, your mother, your brother and your sisters.
This is what I know: It happened to a "white guy" in his own house. He was 25, just out of the army. Living with his Mother and siblings.
At midnight, there was a noise. He wasn't sure if it was a sibling, or one of their friends. He had to follow (while hiding) this intruder around the family home for about an hour. The intruder was looking through drawers and prowling through the basement.
Finally, this intruder went to the top floor, where his mother and one sister were sleeping. He then saw the intruder's face. It was no one he knew.
Then, he confronted him and told him to leave. The intruder pulled a knife and lunged toward him. The young man (with a concealed weapons permit and trained in the army) shot him in the leg, when the intruder refused to leave. The young man then helped stop the leg bleeding. The intruder attempted to jump him again, and the young man shot him again.
The young man (who lived in the home) was arrested for attempted murder because the intruder (who was a 2 time convicted burglar) got a lawyer who pressed the case. The young man's mother's house insurance had to pay the burglar's medical bills.
The charges were dropped against the young man (who lived in the home) (as he was innocent), but never did get returned several boxes of personal articles, nor $100 that was stolen from his room. He also had over $14,000 of legal defense bills that his Mother had to bear. very sad hmmm?...
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M$
did you read the question ?
@krusheasy why don't you say WHY you are confused with her answer? I believe @krysstel did read the question and is simply giving you an example on what/why someone can be arrested in their own home even though it is private property and how race can be involved with that decision.
what are you talking about ?
It does not relate to any of the following: When called to the scene of a burglary - i didn't ask about a murder. Disorderly conduct within your own house. The professor Gates topic.
hi, that I believe that is IS possible for a person to be arrested in their own home. the person arrested for attempted murder in his own home (above that I wrote, was white). The intruder was African American. So, the reverse can happen. I do believe the incident you posted is possibly racist. yes.
Amazing how different the Gates' version is from the officer's version, as if Professor gates were perfectly calm and said nothing but "here's my id, officer, what is your name & badge number?"
I don't believe either of them have fairly portrayed the events of that evening, so we'll never know what really happened or why.