Lonesome Tree in Sandhills

Tuesday, July 28, 2009

Fourth Amendment Revisited

We learned more than we ever wanted to know about a Harvard professor and the Cambridge police... due to an off-the-cuff answer to an off-topic question at the President's press conference.

Emotions across the nation escalated in response - due to the power of TV/Radio media to manipulate people by either twisting or ignoring what few facts were known. However, NO mention of Fourth Amendment rights by an educated media shows a level of ignorance that is shameful given their First Amendment privileges. As a result, people focused on race or police relations in public venues or on Gates' behavior based on arrest photos and police reports.

Yet Sgt. Crowley's police report is evidence he failed to give Prof. Gates his own ID card - a violation of Mass. General Law, Chapter 41: Section 98D. Identification cards. ("Each city or town shall issue to every full time police officer employed by it an identification card bearing his photograph and the municipal seal. Such card shall be carried on the officer’s person, and shall be exhibited upon lawful request for purposes of identification.")

Crowley's report omitted that Gates handed over his MA license (w/that address) along with his Harvard ID, nor that it took place in the kitchen. His report mentions acoustics in the kitchen & having Gates' Harvard ID in hand while calling the Harvard Police.

According to a statement by Gates' attorney, Charles Ogletree, at that point Crowley upset Gates who again demanded his name and badge info. Crowley's report stated another officer had appeared behind him and he stated - as he turned to leave - that he had already given Gates his information.  Crowley was aware the officer would presume he had provided his ID to Gates and had not heard what he said to Prof. Gates - but only Gates' reaction.

A close and objective scrutiny of Sgt. Crowley's report indicates he used baiting tactics to get an angry reaction and entrapment tactics to manipulate Gates to step outside where he could be arrested. Clearly the charge of "disorderly conduct" - was a further violation of not only Massachusetts law, but federal law as well.

Today we know Sgt. Crowley's official report wrongly attributed to the 911 caller that the men she saw were black. The audiotape of the caller is clear: "one may be Hispanic, but I didn't see the other one." Consider that if she saw the limo driver at the door and waited on the sidewalk, she had to have seen the driver - dressed in a black suit - leave in his limo/taxi. She was not questioned in this regard and key information was simply added or omitted by the officer to support an unlawful arrest. 

UPDATELucie Walen's first public statement on July 29, 2009), clearly contradicts the official police report.  911 tapes back her statements that she did not know if the men were breaking - repeatedly stating they may live there and having a hard time with a key.  When Sgt. Crowley arrived she said only that she had made the 911 call & he told her to stay right there.  At no time did she mention race.

A country of laws? One would not think so given such appalling ignorance of our country's legal foundations by the media. Those who are making everything into political war scare me far more BECAUSE they are agitating for anarchy.  Our Founding Fathers and Mothers must be rolling over in their graves at such disregard for our Fourth Amendment rights by those given First Amendment priviledges.

No comments:

Post a Comment

MomsHugs reserves the right to delete any offensive comments.
Kids may be reading this blog & your comments!