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ORIGINAL: tazzygirl

FR

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Emergency situations or conditions which the law recognizes as excusing compliance with some procedural requirement or recognition of another's property or other interests. Most commonly used to refer to the variety of contexts in which a valid search and seizure may be conducted without a warrant. If the police action must be taken on a "now or never" basis to preserve evidence, it may be reasonable to permit a seizure without obtaining prior judicial approval. 413 U.S. 496, 505. Exigent circumstances may be found when substantial risk of harm to others or the police would exist if police were to delay a search until a warrant could be obtained. 627 F. 2d 906, 909. The mobility of a motor vehicle has been held in itself to create an exigent circumstance. In every instance where a search or arrest warrant has been dispensed with on grounds of exigency, probable causemust be present to justify the intrusion.

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Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact. United States v. Anderson, 154 F. 3d 1225 (10th Cir, 1998) cert. denied 119 S. Ct. 2048 (1999) (citations omitted). There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.

http://www.answers.com/topic/exigent-circumstances

im not a cop, or a lawyer... but.. sounds like them going in could be argued as lawful.

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ORIGINAL: Lorr47

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The cop was screwed from the word go. Even before proving he was there legally, Gates threw down the race card. Before showing any ID, he was screaming about how this is how a black man in america is treated. Yes, Gates, it IS how a black man in america is treated... how ANY man in america is treated... any woman for that matter.

As i said earlier.. testosterone ruled. Neither knew when to back down. The cop left, Gates followed outside still running his mouth. Even the man who took the Picture for the papers of Gates being handcuffed said Gates was out of control.

Gates has a 1st Amendment right to call assholes, assholes.  Such is not always prudent but he has that right.

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ORIGINAL: tazzygirl
But, can yoiu imagine what Gates reaction would have been had someone actually broke into his house, the cops responded, took the man who entered at his word, that HE was Gates, then robbed Gates blind after the cops left?

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ORIGINAL: ColonelKurtz

As a mixed race Brit looking way across the pond at this, it is quite depressing. This guy is a professor and a very well known and respected one at that. Not an actor and not a stereotypical rapper, which although it would still be wrong would be a little more understandable. Now granted, the police weren't to know who he was until they arrived but as soon as it became clear that it was a mis-understanding apologies should have been made and that would have been the end of the matter. Or rather should of! Now the President WAS foolish to say what he said and get himself involved on a personal level I'll admit that but he has raised an important issue never the less.

If this can happen to a professor, I'd hate to think what would happen if Obama and the First Family if they locked themselves out of the White House!

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ORIGINAL: tazzygirl

Just because he is a professor doesnt mean he is well known.

At Harvard, Gates teaches undergraduate and graduate courses as the Alphonse Fletcher University Professor and as Professor of English. Additionally, he serves as the Director of the W. E. B. Du Bois Institute for African and African American Research.

http://en.wikipedia.org/wiki/Henry_Louis_Gates,_Jr.

Now, would you not think that a professor of his caliber would know what emotions his words would produce, what the reaction may bring, and that the words he spoke are slanderous and inviting a lawsuit?

I do hope the cop is speaking to a lawyer. For doing his job, he was called a racist. Crowley's past has certainly shown that is not the case. But, being labled a racist CAN affect Crowley's career.

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A white police sergeant who arrested renowned black scholar Henry Louis Gates Jr. was the campus police officer who tried to save the life of former Boston Celtics player Reggie Lewis.
Sgt. James Crowley was a campus police officer at Brandeis University when Lewis, who was black, collapsed and died during an off-season workout in July 1993. Crowley administered CPR, trying to resuscitate the dying Lewis.

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ORIGINAL: ColonelKurtz

Yes as I said, a well known professor. Or a prominent professor if we're going to nit pick on abreviations or his status. Now whether he's an educated scholar, a member of the government, a celebrity or even just an average Joe, he's still a human being with emotions. Not a robot as maybe some would have liked him to be. The man was arrested in his OWN home and had done nothing wrong. I'm sure any of us would have been angry under those circumstances. Apologies should have been made and understandings reached as soon as it was made clear that it was all a mistake. Do I think it was racially motivated? Hmm.. Maybe a little but not as much as people say or believe. I think it was more a case of the police generally puffing their chests out and and trying to save face after he was understandably verbally abusive.

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ORIGINAL: willbeurdaddy

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ORIGINAL: kittinSol

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ORIGINAL: slutslave4u
Black/white had nothing to do with it, the actions taken by the officers were warranted and just, gates did wrong and refuses still to own up to what he did and HE is the one that immediately brought up the race card

Of course he felt if was a racial thing he is black. I am trying to understand things from his point of view, which obviously you cannot do (all the less power to you). Because, by the time a man has reached his age, how many times do you think it is likely that he was harrassed by the police or others for absolutely no reasons at all other than his skin colour?

I say the likelyhood is immense.

Given his background id say the likelihood is small. further, given his background, Id say that the likelihood that he intentionally escalated things so he could play the race card is immense.

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Would that not also be constituted as slander under the legal definition?

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ORIGINAL: tazzygirl

Try being pulled over with your family, and having a cop ask you what you, a nice white girl, is doing with a bunch of dirty half-breeds. If you allow the past to color your view of the future, then racism is indeed in your mind, and will never be over come.

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ORIGINAL: tazzygirl

and i cant believe you honestly think only blacks have had this experience! some of us can think for ourselves and grow to understand as we mature that not everything is racially motivated

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ORIGINAL: Diiamond



Are you kidding me? You can't be serious? I am almost at a loss for words on how to respond to someone who could truly believe that this man could have made it through life without having experienced being harassment by the police. Do you really believe that affluence affords us protection? I can understand that these may be your thoughts if you don't know any black people. But if you do, then please start talking to them and asking them about their experiences. I mean, every black person that plays the race card isn't racist. Racism does exist. Shit does happen.