THE GATES ARREST: BEYOND BLACK AND WHITE — OK, here’s my 0.02 about the recent arrest of Harvard Professor Henry L. Gates by a white police sergeant investigating a report of a break-in at Prof. Gates’ home. Most writers take the bate and go right for the race issue. I’d like to go beyond that question, and instead focus on the general relationship between the police and the public. Yes, I know that racial status has a lot to do with how many police officers treat a person. I’m not denying that that is a real problem, an on-going social dilemma. But it seems to me that even between police officers and members of the public who share the same race, there is still a problem; and that Sergeant Crowley’s decision to arrest Professor Gates may well exemplify that problem, more than the racial problem.
Now don’t get me wrong, I’m not anti-police. I work for a law enforcement agency; I’m not an armed officer, but I know a lot of them. They are all good people, in my book. But there is a certain cliquishness, a certain bravado that they share amongst themselves. And that has to be. Cops are the people charged with the duty of running into a crazy situation where lives may be at stake, and to restore social control and order. They are trained to go into situations where a Hamletian approach (my own modulus operandi in life) doesn’t work, and can even get you killed. I respect them for that.
But they also get sent into situations where assertion and bluster can be counterproductive. And they are trained to turn down the “police attitude” in those instances, to try to be calm and communicative while maintaining control of the situation. They generally do a good job with that. But in the end, they are only human. They don’t enjoy situations where they are conscientiously doing their job, but are accused of racism for it (and in a highly charged fashion). At some point, everyone can break. Some are stronger than others in this regard; some have better control than others. But everyone will break at some point. I believe that Sargent Crowley reached that point when Professor Gates followed him off the porch while hurling continuing invective. The Sargent flipped back to “maximum cop” mode, and his instinctive training took over. Out came the handcuffs, and the arrest procedure began. The words probably flowed from Sgt. Crowley with mechanical precision. “You are under arrest. You have the right to . . .”
Was the arrest justified by law? I’m not an expert on disorderly conduct statutes and their interpretations by the courts. But my hunch is that the Constitutional values regarding the sanctity of the home would outweigh the “public order” concerns in a situation like this one. Gates was still on his home property when arrested; the investigation phase had already concluded, Crowley knew by then that Gates was allowed to be there. Gates was not threatening the well-being of Sgt. Crowley. The Sargent knew that Gates didn’t have a weapon and was not otherwise threatening physical violence. Gates did imply that he would use bureaucratic and political means to make Sgt. Crowley’s life miserable in the future. But so long as he wasn’t threatening to go outside the system (e.g. “I’ll get the Crips after you”), there’s nothing wrong with that. Crowley’s police report indicates that about seven people were gathered on the street near the home, but there is no indication of any public activity disruption.
Had Gates followed Crowley into the street and threatened to create a public nuisance (by attracting a crowd that interfered with traffic, or by inciting others to interfere with police actions), then I believe that a disorderly conduct arrest would be proper. But if you are on your home turf and you decide to yell negative comments at any law enforcement personnel within earshot, then I believe you would be within your Constitutional rights so long as you don’t threaten them with harm or significantly impede public activity around your home.
BUT — DO NOT RELY ON WHAT I SAY HERE. I AM NOT AN EXPERT ON THE LAW. This is just my opinion on what SHOULD be the law, based on my understanding of the history and heritage of our nation. DO NOT TRY THIS AT HOME!!
I really discourage anyone from hurling negative comments at the police, even if such action is protected by the Constitution. I believe that we American citizens have duties that are not spelled out in the law. We need to do more than just not break the law (aside from technical violations, which every one of us does just about every day; e.g. not completely stopping at a stop sign when driving, even if you were down to less than 1 MPH when you saw the way to be clear; the law says STOP and it means FULL STOP!!). If our social and economic system is to keep working, we need to contribute something more to the social network. And almost all of us do, in our own ways. E.g., caring for children, helping the elderly and frail, volunteering time in a social service agency or a hospital, smiling and listening as to help cheer up people, giving a stranger directions, etc. (And yes, there are rare instances where breaking the law might point to a higher moral plane; as with Gandhi and the salt march, or the Berrigans and their anti-nuclear protests, or Dr. Martin Luther King Jr. in the 1960s Civil Rights Movement).
Well, another way that we can contribute to the strength of our social fabric is by cooperating with the police, within reason. No, I’m not saying that police racial profiling or other excesses of discretion should be tolerated. But someone in Professor Gates’ shoes might have realized that police have a tough job, and that if you push then too far with negative emotions, they may not handle the situation properly. Yes, police are generally “tough lugs”, but at bottom they are human. If citizens want good policing, the best policing possible, then they have to be a part of it too. And that includes making sure you have all your facts straight before you accuse a police officer of exercising his or her power in a racist fashion.
So I believe that Sargent Crowley was wrong in arresting Professor Gates, but I don’t think it was based on racial grounds (and given all the circumstances, I don’t think that Crowley should be reprimanded; although police superiors throughout the country should use this as a “teachable moment” regarding disorderly conduct laws as they apply within a personal residence). From what I know about cops, they will go after you no matter what color you are, if you let them know that you’re “not on their side”. Sure, some will “go to gladiator mode” quicker with people of color; but I think that most cops are pretty fair about that. The thing is, they may “go gladiator” on you even within the boundaries of your Constitutional rights, if you are stupid enough to push them.
Professor Gates is calling for an apology from Crowley; but he hasn’t been willing to admit that he himself violated a civic responsibility, albeit an unwritten one. Despite all his PhD’s and Harvard acclaim, he seems to be missing something from Civics 101. Hopefully, President Obama will give Professor Gates a Civics refresher course when they all get together for that beer. Teach away, Professor Obama; make us all less “stupid”.
Jim,
The Crowley/Gates (or Gates/Crowley) situation was certainly one of those in which it seems everything is wrong; there are situations (too many) that are like that it seems–where everybody is wrong in a situation. What does one do in such situations? Sometimes the answer is exactly what Obama is doing: OK, everybody, calm down a bit, THINK a bit, let's sit down and reassess this situation. I also find myself wondering about people of color who are in/have been in similar situations and who do not have the President of the United States for a friend who is then asked about the said situation in a press conference.
But, I found one particularly distressing comment said by a neighbor of Prof. Gates: What can people expect when black guys are breaking into a house? That certainly was at least a subrosa racist remark issued by a neighbor of Prof. Gates. Then too I wonder about the neighbor who called 911 in the first place: Wouldn't you think she would mention to the cops that the owner of the house was himself Black? Did she not realize that her neighbor of more than two decades (if I have that number correct) was Black? Odd, it seems to me.
As to the comment that you think cops are "pretty fair" about going into "gladiator mode" when "people of color" are involved. I am not sure I agree with that assessment; particularly some ethnic groups are only too quick to respond in what I tend to call a "subrosa racial" response.
Then too, here in Chicago, there has been an ongoing "scandal" of major proportions in which more than 30 men of color were deliberately tortured (yes tortured) into confessing to murder. Several men have in the last couple of years been released from life imprisonment and even the death row; it seems that as many as 20 more innocent men may still be in prison as a result of this situation.
Then there is the problem of the woman bartender who was beat to a pulp by a cop in Chicago when she told him she refused to serve him any more as he was already too drunk. After a trial and a guilty verdict, the guy got a slap on the wrist of probation. A gross miscarriage of justice.
I would say if the cops have a problem of going into "gladiator mode" too easily, then something needs to be done to weed out these cops from the police force–and weed them out BEFORE they get to be cops.
I must say when I heard Obama say Crowley was "stupid", I said to myself, "YEEES!!!!" and then I said, boy, is there going to be a problem with that remark!
Indeed, I say Obama is right: Everyone involved in this situation should sit down, have a beer, and reassess the situation.
MCS
Comment by MCS — July 26, 2009 @ 7:58 pm
Jim,
The Crowley/Gates (or Gates/Crowley) situation was certainly one of those in which it seems everything is wrong; there are situations (too many) that are like that it seems–where everybody is wrong in a situation. What does one do in such situations? Sometimes the answer is exactly what Obama is doing: OK, everybody, calm down a bit, THINK a bit, let's sit down and reassess this situation. I also find myself wondering about people of color who are in/have been in similar situations and who do not have the President of the United States for a friend who is then asked about the said situation in a press conference.
But, I found one particularly distressing comment said by a neighbor of Prof. Gates: What can people expect when black guys are breaking into a house? That certainly was at least a subrosa racist remark issued by a neighbor of Prof. Gates. Then too I wonder about the neighbor who called 911 in the first place: Wouldn't you think she would mention to the cops that the owner of the house was himself Black? Did she not realize that her neighbor of more than two decades (if I have that number correct) was Black? Odd, it seems to me.
As to the comment that you think cops are "pretty fair" about going into "gladiator mode" when "people of color" are involved. I am not sure I agree with that assessment; particularly some ethnic groups are only too quick to respond in what I tend to call a "subrosa racial" response.
Then too, here in Chicago, there has been an ongoing "scandal" of major proportions in which more than 30 men of color were deliberately tortured (yes tortured) into confessing to murder. Several men have in the last couple of years been released from life imprisonment and even the death row; it seems that as many as 20 more innocent men may still be in prison as a result of this situation.
Then there is the problem of the woman bartender who was beat to a pulp by a cop in Chicago when she told him she refused to serve him any more as he was already too drunk. After a trial and a guilty verdict, the guy got a slap on the wrist of probation. A gross miscarriage of justice.
I would say if the cops have a problem of going into "gladiator mode" too easily, then something needs to be done to weed out these cops from the police force–and weed them out BEFORE they get to be cops.
I must say when I heard Obama say Crowley was "stupid", I said to myself, "YEEES!!!!" and then I said, boy, is there going to be a problem with that remark!
Indeed, I say Obama is right: Everyone involved in this situation should sit down, have a beer, and reassess the situation.
MCS
Comment by MCS — July 26, 2009 @ 7:58 pm
Jim,
It now seems there was no mention of the "color" of the individuals trying to enter Gates' house. The woman calling in even mentioned that the people might be the OWNERS of the house.
Yet, the cop seems to me to have taken a rather aggressive approach to the whole situation. Wouldn't one think, oh, maybe it's the owner trying to get in; I'll ust see what's going on?
And I do think I'd be a trifle annoyed (to say the least) if I was arrested trying to enter my own home–especially after I had proven I LIVED there.
Perhaps all in all, there was just too much testosterone flowing in the entire situation.
MCS
Comment by MCS — July 28, 2009 @ 6:32 am
Jim,
It now seems there was no mention of the "color" of the individuals trying to enter Gates' house. The woman calling in even mentioned that the people might be the OWNERS of the house.
Yet, the cop seems to me to have taken a rather aggressive approach to the whole situation. Wouldn't one think, oh, maybe it's the owner trying to get in; I'll ust see what's going on?
And I do think I'd be a trifle annoyed (to say the least) if I was arrested trying to enter my own home–especially after I had proven I LIVED there.
Perhaps all in all, there was just too much testosterone flowing in the entire situation.
MCS
Comment by MCS — July 28, 2009 @ 6:32 am
Obama must be a born peacemaker. I too, knew that he was going to get some flack for using the word "stupid", even though it felt good to me to hear him say it.
But he had the grace to backtrack and to call both men and hear them out. Differences are commonplace and unavoidable, but reconciliation is extremely rare. Obama is making that reconciliation possible. Even in these seemingly "small" matters …
Comment by beth — July 28, 2009 @ 8:22 pm
Obama must be a born peacemaker. I too, knew that he was going to get some flack for using the word "stupid", even though it felt good to me to hear him say it.
But he had the grace to backtrack and to call both men and hear them out. Differences are commonplace and unavoidable, but reconciliation is extremely rare. Obama is making that reconciliation possible. Even in these seemingly "small" matters …
Comment by beth — July 28, 2009 @ 8:22 pm
When any man's constitutional rights are ignored by a peace officer and then that same officer refuses to give his badge number and name then I know we have moved one step closer to a police state.
The professor should sue Crowley and the dept for millions for their stupidity and gross misuse of police powers.
I will expect Crowley to be discretly disciplined and or taken off the force for exhibiting a malicious and hateful nature.
His "pig-headed" attitude and arrest of gates will haunt him the rest of his life even if he resigns from the dept.
I say bravo to gates and obama who will speak out against injustice and stupidity.
This case reminds of another racist cop (who also claims to NOT be a racist) who refusted to allow a son-in-law to see his dying mother in the hospital.
Bone-head cops like these make all cops look bad and we all would be much better off without these losers.
Comment by This is a sample of Rich's free blog — July 29, 2009 @ 1:22 am
When any man's constitutional rights are ignored by a peace officer and then that same officer refuses to give his badge number and name then I know we have moved one step closer to a police state.
The professor should sue Crowley and the dept for millions for their stupidity and gross misuse of police powers.
I will expect Crowley to be discretly disciplined and or taken off the force for exhibiting a malicious and hateful nature.
His "pig-headed" attitude and arrest of gates will haunt him the rest of his life even if he resigns from the dept.
I say bravo to gates and obama who will speak out against injustice and stupidity.
This case reminds of another racist cop (who also claims to NOT be a racist) who refusted to allow a son-in-law to see his dying mother in the hospital.
Bone-head cops like these make all cops look bad and we all would be much better off without these losers.
Comment by This is a sample of Rich's free blog — July 29, 2009 @ 1:22 am