slutslave4u -> RE: The arrest of Henry Louis Gates: How far have we really come? (7/24/2009 5:55:56 AM)
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ORIGINAL: OrionTheWolf 1) In Mass, Police Officers are required to show identification when asked. 2) The Prof was in his own home, and did not have to exit his residence. 3) Only if you are detained are you required to give your name 4) If detained you have full rights, including Miranda 5) It requires probable cause or a warrant to enter a residence 6) In most states, you do not have to prove you are the owner or legal resident of a dwelling to exert your rights against illegal search. Didn't look like racism to me. Look like two asses coming together to cause drama. Yes he was in his own home, however, until the police during their investigation of the possible crime to which they were called there for is concluded that is irrelivent, even at the time of arriving on the scene they were not aware of that fact until it was determined later. Asking him to exit was appropriate so as to determine IF their were a possibility of others being inside the home, additional possible burglars. They were in their right in asking him to exit. Not to mention that I would suspect while asking him to exite they did so for his safety once they were aware he was the resident so they could "clear" the residence and ensure no one else was hiding inside. As for stating ONLY if you are detained are you required to give your name, WRONG, anytime in the course of investigating a possible crime in action, resident or not, if asked to give your name and show proof of ID by any law enforcement officer you are required to do so. Miranda would be required yes if they are going to question him, and I'm sure they most likely did do so. They had probable cause to enter the residence, investigation of a possible burglary in progress, that gives them right to be there. What caused the arrest was not the officers being there investigating a possible burglary in progress, that was why they were there, however Gates actions AFTER they got there is what caused the arrest to take place. There was no illegal search of the residence, again, it was a call to investigate a possible burglary in progress. That gives them the right to be there, and yes to search the home to ensure there are no criminals inside, they do not and did not need a warrant to do so......the issue was and is that Gates was wrong in HIS actions that led to his arrest, PERIOD.....backyard lawyers only add fuel to an already heated issue that need not be.
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