On 07/27/2009 09:34 AM, Ricardo Aráoz wrote: > Leland F. Jackson, CPA wrote: >> This may help a little, but it also raises more questions >> than it answers, as the article at the end of the link tries >> to present the events that took place from two very >> different perspectives with too many contradictions between >> the players. >> >> http://www.google.com/hostednews/ap/article/ALeqM5jHud4VBSlwHX-0MPU8m15Yh9lE8gD99MH3381 >> >> or >> >> http://tinyurl.com/lohx52 >> >> Regards, >> >> LelandJ >> >> > Thanks Leland, Bob does not seem to be in his best mood today. > A couple of questions come to mind. > > 1 - If an officer asks you to get outside your home, can you refuse and > ask for a judge's order to do so?
I'm not an attorney, and I don't have any background upon which to base an answer, so all I can say is: "I don't know", but I would suspect it to be stronely dependent on the customs and tradition within the local communities. For example, I will add from comments I've heard in the past, that nobody has more power to work their will in enforcing the law than a Mississippi sheriff and his supporting officers, particular when addressing black males. LOL In the USA south mothers of black male children teach their children around the age of 12, when presented with a situation of this sort, that it is best for the black male being questioned to not look at the law officer eye to eye, but rather to look down, remain silent, and submit to the law officers ever wish to avoid injury. > > 2 - "Gates leaves the front door to get his identification. Crowley > follows him inside." Does the officer have a right to enter Gates's home > without a warrant? And/or once identity is established, is he not > obliged to leave the house immediately before continuing any other inquiry? I don't know. > > 3 - "Crowley said in his report that he had already told Gates his name, > twice, but Gates was yelling too much to hear him" I find it > understandable that Gates was yelling, after all HE is not trained to > cope with these kind of situations. OTOH the officer IS trained and > should have tried to wait out Gates's outburst and then tranquilize him. That sound like a more reasonable approach than the confrontational approach actually used. > > 4 - All of this is happening INSIDE Gates's home, and it seems the > officer insists on getting Gates outside the house. Am I right in > stating that any yelling inside Gates's home could not be taken as > disorderly conduct as it is not happening in the public space? I don't know. Regards, LelandJ > > > [excessive quoting removed by server] _______________________________________________ Post Messages to: [email protected] Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech Searchable Archive: http://leafe.com/archives/search/profox This message: http://leafe.com/archives/byMID/profox/[email protected] ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
