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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?


To: bentway who wrote (498486)7/27/2009 11:38:13 AM
From: longnshort  Respond to of 1570850
 
"Without a warrant, the cop had no right to BE in Gate's house"

wrong the USSC has ruled on this. The cop had the right to go in.



To: bentway who wrote (498486)7/27/2009 11:54:41 AM
From: longnshort  Respond to of 1570850
 
The first question to be asked about Sgt. Crowley's initial response is, was it lawful and reasonable? Clearly it was both. A cornerstone U.S. Supreme Court decision, [1] Terry v. Ohio, held that an officer may stop and detain a person he reasonably believes to be involved in criminal activity. Here, Sgt. Crowley answered a citizen's report of a possible burglary. Such reports are granted a presumption of reliability under the law, so Sgt. Crowley was on solid ground in approaching the home and, upon seeing a man inside who matched the description provided by the witness, asking him for his identification. A police officer responding to such a report must, for his own safety, assume the report to be accurate until he can satisfy himself that it isn't. The cop who blithely handles every call assuming it to be a false alarm will likely not survive to handle many of them. In fact, many police officers faced with the identical facts would likely have ordered Henry Gates out of the home at gunpoint.

Terry set the precedent for Michigan v. Long, 463 U.S. 1032 (1983). In an opinion citing Terry written by Justice O'Connor, the Supreme Court ruled that car compartments could be constitutionally searched if an officer had reasonable suspicion.

The scope of Terry was extended in the 2004 Supreme Court case Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that a state law requiring the suspect to identify himself during a Terry stop did not violate the Fourth Amendment prohibitions of unreasonable searches and seizures or the Fifth Amendment privilege against self-incrimination.



To: bentway who wrote (498486)7/27/2009 1:01:37 PM
From: Brumar89  Respond to of 1570850
 
When a report has been made of a burglary, he has a DUTY to investigate it. You can't do that without entering. Our backdoor was kicked in by police one time when we were on vacation out of state as there'd been a report of a burglary there.



To: bentway who wrote (498486)7/27/2009 4:07:13 PM
From: tejek  Read Replies (2) | Respond to of 1570850
 
I'm curious how the cop got into Gate's house. Did he just go in, or did Gates let him in? Without a warrant, the cop had no right to BE in Gate's house. A man's home is his castle, even if he's a black man.

I think what happened is the front door was jammed so Gates and his driver went in the back way and opened the front door from the inside. Then they went back into the house. The cop assumed someone had broken in and went into the house. The woman who called the police looks to be the real idiot. Gates is this little guy with gray hair. Not your typical looking burglar.