Thread: Who was right?
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Old 07-29-2009, 12:39 AM
Honus Honus is offline
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Join Date: Feb 2002
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Quote:
Originally Posted by MTUpower View Post
If I was out walking with my young boys and stumbled on this my boys would surely be disturbed by a man screaming at a LEO, screaming about the LEO's mother, and the carrying on Gates is admitting to. I and my boys certainly could not play catch, have a conversation, or do anything but shield ourselves from this confrontation. Young children seeing this would be unequivocally be negatively effected by Gates behavior. This is clearly disturbing the peace.
"Disturbing the peace"? He wasn't charged with that, but if he had been, what are the elements of that charge?

For the reasons cited a few posts back, it is clear to me that Gates did not violate the Massachusetts disorderly conduct statute. The City of Cambridge Code, however, does have an offense entitled "Disorderly Conduct" and it also looks as if Crowley might have had reason to believe that Gates violated it.

Here is that ordinance:
Quote:
.08.010 Disorderly conduct--Profanity and insulting language.
No person shall behave himself in a rude or disorderly manner, or use any indecent, profane or insulting language in any street or public place. No person shall make or cause to be made, any unnecessary noise or noises in any public street, private way or park, so as to cause any inconvenience or discomfort for the inhabitants of the City.

http://library5.municode.com/16233/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=d69113a8d6a4653ee5ca223441b1cee5&hash=
The problem for Officer Crowley is that this ordinance does not entitle him to arrest anyone. Here is the penalty for violating it:
Quote:
9.20.010 Violation--Penalty.
Unless otherwise specified, any person who violates any provision of this title shall be liable to a fine not exceeding fifty dollars for each offense.

http://library5.municode.com/16233/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=d69113a8d6a4653ee5ca223441b1cee5&hash=
The closer one looks, the more it appears that Crowley's arrest was unlawful.
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