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[Second note: Unless Gates had given permission for Crowley to enter the premises, it was unlawful for him to do so.]
Figueroa continues, "As I stepped in, I heard Sgt. Crowley ask for the gentleman's information which he stated "NO I WILL NOT!" The gentleman was shouting out to the Sgt., that the Sgt. was a racist and yelled that "THIS IS WHAT HAPPENS TO BLACK MEN IN AMERICA!" As the Sgt. was trying to calm the gentleman, the gentleman shouted, "You don't know who your messing with!" He writes that he went back out to gather information from Ms Whalen and notes that there were seven people gathered outside the residence.
[Third note: It is not unlawful to be disrespectful to, or to berate, a police officer even though it may violate the norms of civil behavior.]
In regard to Crowley's claim that Gates was shouting, Gates says that he was physically unable to do so because he had gotten a bronchial infection in China and had been treated there for it.
Crowley writes in his report, "I asked Gates to provide me with photo identification so that I could verify that he resided at 17 Ware Street and so I could radio my findings to ECC. Gates initially refused, demanding that I show him identification . . ."
[Fourth note: Must Crowley comply? Yes. It is the law that an officer must show his identification card when asked for it, but Crowley doesn't.]
Crowley goes on " . . . but then [Gates}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."
At this point, Crowley should have left, but he doesn't. Instead, he tells Gates that he will speak with him outside in response to Gates demanding his identification. Once outside, Crowley arrests him for Disorderly Conduct, an arrest that he could not make while inside the house because disorderly conduct has to take place in public although a front porch hardly qualifies as a public place.
Crowley writes in his police report that Gates's actions "served no legitimate purpose and caused citizens passing by this location to stop and take notice while appearing surprised and alarmed." While this language adheres to the wording of the statute, according to the Explainer, who answered questions on the Slate web site (7/22/09), "the courts have ruled that disorderly conduct means fighting or tumultuous behavior or creating a hazardous or physically offensive condition that would cause public annoyance or alarm."
Who was being alarmed? The "several Cambridge and Harvard University police" that Crowley noted were "assembled on the sidewalk in front of the residence"?? With so many police present, did the seven citizens still feel threatened by this slender black man who needed a cane to get around??
From the very beginning of his arrest, the charges against Gates were slated to be dropped because prosecuting attorneys know they have no chance of a successful outcome.
The upshot is that a white cop arrested a black man on a trumped-up charge of disorderly conduct, handcuffed him, ran him into the station to be fingerprinted, stand for a mug shot, and sit in a cell for four hours just to show him who was boss.
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