The Henry Louis Gates Jr Arrest: 'Uppity' in 2009
Author: Emile Schepers
People's Weekly World Newspaper, 07/23/09 23:10 It is possible that Osama bin Laden was hiding in Gates' attic, planning to carry out a sequel to 9-11.
Actually nobody made that accusation which I just invented, but it makes as much sense as the others.
Some say that it was justified for the police to arrest Gates because he initially would not come out of his house when they ordered him to, and because he was “argumentative” with them.
In response I ask the following questions:
Where in any state, federal, county or municipal law book does it say that absent probable cause and/or a judicial order, or a genuine red-hot emergency, a policeman can order a citizen to come out of his house? Police can't just decide that they have the God given right to order people to come out of their houses in spite of there being neither probable cause nor a warrant, and arrest them if they don't, any more than they have the right to enter someone's house without a warrant.
What statute, law or ordinance makes it a felony for a citizen to be gruff or irate when talking to a policeman?
When did being “argumentative” become a Class X felony?
Since when is being grumpy a hanging crime?
Where in the Constitution does it state that everybody has to be 100 percent polite to police officers all the time?
Is there a “politeness to cops” clause I have somehow missed?
On the contrary, though in my mother's house no rude people were raised, and I myself generally keep a civil tongue except when I don't, I would argue that we have the right to be rude to police officers and other authority figures if we want to (whether this is tactically wise or not depends on the specific situation, but it is our right). This is both a free speech and a due process issue.
http://www.pww.org/article/articleview/16516/