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Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
and when is Toshi going to chime in about the comments he made that doctors choose procedures for patients based on how much profit they can make and not on the patients best interest? i know that my brother is pretty livid about being painted with that brush.
Yes, of course doctors are impervious to marketing. That's why pharma sales reps are old ugly guys with degrees in chemistry and biology instead of ditzy ex college cheerleaders with fake tits and expense accounts that are 6 figures to start...
 

narlus

Eastcoast Softcore
Staff member
Nov 7, 2001
24,658
63
behind the viewfinder

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
here...is this better mr. 4341? says the same thing but from a source your professors might prefer :rolleyes:

http://www.msnbc.msn.com/id/32092715/ns/us_news-race_and_ethnicity/
Actually, what would be better is the quote from the horse's mouth. I don't see how citing other peoples' opinions, particularly from blatantly biased sources is supposed to clarify things. Don't you know better, Mr. 1181 ;) , than to take 2nd or 3rd hand information as gospel?

...actually, now that i think about it, the gospel is at least a 2nd hand "account" so maybe not. :weee:
 

sanjuro

Tube Smuggler
Sep 13, 2004
17,373
0
SF
at least we have a prez who understands the facts of the case before he makes a blanket statement about LEO's (and money grubbing doctors to boot)

http://www.examiner.com/x-17827-Anne-Arundel-County-Conservative-Examiner~y2009m7d24-Obama-maligns-doctors-and-police-officers-instead-of-explaining-health-care

:rant:
I read that piece.

Here is one quote from the actual press conference:

President Obama said:
Now, I don't know, not having been there and not seeing all the facts, what role race played in that, but I think it's fair to say, number one, any of us would be pretty angry; number two, that the Cambridge Police acted stupidly in arresting somebody when there was already proof that they were in their own home; and number three, what I think we know separate and apart from this incident is that there is a long history in this country of African Americans and Latinos being stopped by law enforcement disproportionately. That's just a fact.
I agree with all of that, including number two.

I still think the arrest is unnecessary, no matter how unpleasant or intractable Gates was.

This is the part about dealing with cops that many people hate. While Gates was at fault here, no one likes to be hassled. If anyone else did it to me, I could give them the finger and that's my business. If I did that to a cop, I could be arrested.

As for the other part:

And part of what we want to do is to make sure that those decisions are being made by doctors and medical experts based on evidence, based on what works -- because that's not how it's working right now. That's not how it's working right now. Right now doctors a lot of times are forced to make decisions based on the fee payment schedule that's out there.

So if they're looking -- and you come in and you've got a bad sore throat, or your child has a bad sore throat or has repeated sore throats, the doctor may look at the reimbursement system and say to himself, you know what, I make a lot more money if I take this kid's tonsils out. Now that may be the right thing to do, but I'd rather have that doctor making those decisions just based on whether you really need your kid's tonsils out or whether it might make more sense just to change -- maybe they have allergies, maybe they have something else that would make a difference.

So part of what we want to do is to free doctors, patients, hospitals to make decisions based on what's best for patient care -- and that's the whole idea behind Mayo, that's the whole idea behind the Cleveland Clinic. I'm going to be visiting your hometown tomorrow to go to the Cleveland Clinic to show -- to show why their system works so well. And part of the reason it works well is because they've set up a system where patient care is the number-one concern, not bureaucracy, what forms have to be filled out, what do we get reimbursed for. Those are changes that I think the American people want to see.
I do hope Crowley and Gates meet and work it out.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,688
1,734
chez moi
Isn't it rather telling that the charges were dropped?
No, and this is a common misconception.

Charges are dropped all the time, even if people actually did something wrong. (Oftentimes, privileged whites, like many Harvard professors!!)

But mostly, it's because arrest and conviction require different standards of proof. A cop makes an arrest based on probable cause. However solid that PC was, it may not meet the judicial standard of beyond a reasonable doubt. If it can't be established or in some cases takes too much work to establish, especially for a minor offense, the prosecutor's office just drops the charges.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
No, and this is a common misconception.

Charges are dropped all the time, even if people actually did something wrong. (Oftentimes, privileged whites, like many Harvard professors!!)

But mostly, it's because arrest and conviction require different standards of proof. A cop makes an arrest based on probable cause. However solid that PC was, it may not meet the judicial standard of beyond a reasonable doubt. If it can't be established or in some cases takes too much work to establish, especially for a minor offense, the prosecutor's office just drops the charges.
In cases of contempt of cop, it's SOP to drop the charges. Why? Because the prosecutor knows that there is no way in hell he can get a conviction and Lionel Hutz can successfully argue the case on behalf of the defendant.

The only reason this gets any attention is because Gates has a media bullhorn. Without that, it's just something that cops do every single day.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
No, and this is a common misconception.

Charges are dropped all the time, even if people actually did something wrong. (Oftentimes, privileged whites, like many Harvard professors!!)

But mostly, it's because arrest and conviction require different standards of proof. A cop makes an arrest based on probable cause. However solid that PC was, it may not meet the judicial standard of beyond a reasonable doubt. If it can't be established or in some cases takes too much work to establish, especially for a minor offense, the prosecutor's office just drops the charges.
Guy was a dick = "probable cause" to take his ass down? I mean that's really the heart of the issue here, right?

It seems to me like, in the mind of LEO's at all levels, an arrest is just a simple formality that even if proven a mistake, requires no apology (legally I know this to be true) and that us regular folks should feel blessed that you've not taken it upon yourselves to hassle us in such a manner, because you have the ability and professional credibility to do so whenever you damned well please.

I think that's perverse.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
Guy was a dick = "probable cause" to take his ass down? I mean that's really the heart of the issue here, right?

It seems to me like, in the mind of LEO's at all levels, an arrest is just a simple formality that even if proven a mistake, requires no apology (legally I know this to be true) and that us regular folks should feel blessed that you've not taken it upon yourselves to hassle us in such a manner, because you have the ability and professional credibility to do so whenever you damned well please.

I think that's perverse.
You're really turned into an ACLU spouting dirty ****ing hippie...

I wonder what the founding fathers would have thought about the situation?
 

sanjuro

Tube Smuggler
Sep 13, 2004
17,373
0
SF
Guy was a dick = "probable cause" to take his ass down? I mean that's really the heart of the issue here, right?

It seems to me like, in the mind of LEO's at all levels, an arrest is just a simple formality that even if proven a mistake, requires no apology (legally I know this to be true) and that us regular folks should feel blessed that you've not taken it upon yourselves to hassle us in such a manner, because you have the ability and professional credibility to do so whenever you damned well please.

I think that's perverse.
I agree strongly. I have never been arrested, never even had the cuffs on.

Now, let's say I had a thing about being harassed by cops, like if I was black.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,688
1,734
chez moi
BurleyShirley said:
Guy was a dick = "probable cause" to take his ass down? I mean that's really the heart of the issue here, right?
All I said was that dropping the charges doesn't equal some sort of admission that the police were wrong...

You're right that the heart of the issue is whether the cop had true PC for an arrest, which is an issue most of us online will never have a qualified opinion on.

EDIT:Just read the police report on thesmokinggun. If that's all true, the man followed a cop and continued harassing him, even when the cop was attempting to break off contact at the completion of his investigation. Once he entered public view and continued to do so, this could easily meet the standard of PC for disorderly conduct, especially after ignoring warnings to cease.

Better move on the cop's part? Roll eyes and walk away. Perhaps write letter to Harvard with a copy to the Harvard police describing this conduct and asking for an apology by Gates to the Cambridge police.
 
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Plummit

Monkey
Mar 12, 2002
233
0
Better move on the cop's part? Roll eyes and walk away. Perhaps write letter to Harvard with a copy to the Harvard police describing this conduct and asking for an apology by Gates to the Cambridge police.
Ain't that the truth. Avoid whole mess and still come out on top.
 

stevew

resident influencer
Sep 21, 2001
40,586
9,597
so......

race was never mentioned in the 911 call.....and the caller wasn't white.

oooops.
 
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trailhacker

Turbo Monkey
Jan 6, 2003
1,233
0
In the hills around Seattle
so......

race was never mentioned in the 911 call.....and the caller wasn't white.

oooops.
But this little tidbit is telling;
...although the police report says Whalen observed “what appeared to be two black males with backpacks on the front porch’’ of the house.
Apparently he was being racially profiled over the phone.
Even though no race was given.
That has to be the most egreious form or racial profiling I have ever heard of.


I like how all the Gates backers keep saying he was tricked, or some how manipulated into going outside to be arrested. If the police report is to be believed the cop said (paraphrasing here) "If you have anymore questions, I'll be outside".
It could have ended right there if not for him following the cop outside...
 

manimal

Ociffer Tackleberry
Feb 27, 2002
7,212
17
Blindly running into cactus
http://mccotter.house.gov/HoR/MI11/Newsroom/Press+Releases/2009/McCotter+Readies+House+Resolution+Calling+for+Presidential+Apology+to+Cambridge+Police+Sergeant.htm

Washington, D.C. – Unless President Obama apologizes for impugning the professional conduct of Cambridge, Massachusetts Police Sergeant James M. Crowley, when Congress returns on Monday, U.S. Representative Thaddeus G. McCotter (R-MI) will introduce a House Resolution calling on President Obama to do so.
Whereas on July 22, 2009, in responding to a question during a White House press conference President Barack Obama stated: “Skip Gates is a friend, so I may be a little biased here. I don’t know all of the facts involved in this local police response incident”;



Whereas President Obama proceeded to state Sergeant Crowley “acted stupidly” for arresting Professor Gates on charges of disorderly conduct;



Whereas, as a former Constitutional Law Professor, President Obama well understands that all Americans are innocent until proven guilty in a court of law, and their actions should not be prejudged prior to being fully and fairly judged by an appropriate and objective authority after due process;



Whereas, President Obama’s nationally televised remarks may likely detrimentally influence the full and fair judgment by an appropriate and objective authority after due process regarding this local police response incident and, thereby, impair Sergeant Crowley’s legal and professional standing in relation to said incident; and



Whereas, President Obama appeared at a daily White House Press briefing on July 24, 2009 to address his denouncement of Sergeant Crowley and stated: “I could have calibrated those words differently” but “I continue to believe, based on what I have heard, that there was an overreaction in pulling Professor Gates out of his home to the station.”
Resolved, That the House of Representatives--



Calls upon President Obama to retract his initial public remarks and apologize to Cambridge, Massachusetts Police Sergeant James M. Crowley for having unfairly impugned and prejudged his professional conduct in this local police response incident.
:thumb:
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
Whereas, as a former Constitutional Law Professor, President Obama well understands that all Americans are innocent until proven guilty in a court of law, and their actions should not be prejudged prior to being fully and fairly judged by an appropriate and objective authority after due process;

Whereas, I'm not surprised a Republican legislator doesn't know that being stupid isn't a crime...Doesn't this guy have a trail to hike or an airport bathroom to cruise?
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
And here is the heart of the issue:

Put a government worker behind a desk and give him the power to regulate, and conservatives will wax at length about public choice theory, bureaucratic pettiness, and the trappings of power. And rightly so. But put a government worker behind a badge, strap a gun to his waist, and give him the power to detain, use force, and kill, and those lessons somehow no longer apply.

http://www.reason.com/news/show/135039.html
 

ohio

The Fresno Kid
Nov 26, 2001
6,649
24
SF, CA
What a great use of legislative time. McCotter must have missed the memo that the hill is currently working on a set of challenges unprecedented in number and scale that are critical to our nation's health. :thumb: to petty political grandstanding while the nation burns.
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
There has been a lot of information that's come up in this thread, including that statutes on Disorderly Conduct, whether wrongful arrest is ok if charges are ultimately dropped, legal education/background of police officers, etc and the best you can come up with are opinion pieces and legislation pushed by a Congressman from Michigan? How about a little insight as to any of the other questions that have been debated on this thread? What's your state's definition of Disorderly Conduct, when have you applied it (or would apply it) against someone, what's your take on dragging someone to jail if you know that the charges will ultimately be dropped, etc?
 

syadasti

i heart mac
Apr 15, 2002
12,690
290
VT
Somewhat related - arrested for swearing at an officer on the phone for not doing his job:

 

Sandwich

Pig my fish!
Staff member
May 23, 2002
21,073
5,985
borcester rhymes
Terrible song said:
Listen to the tapes
instead of being a douche
just listen to the tapes
Then STFU

I don't know what you're getting at
and I don't know why
just listen to the tapes
before this thread goes bye-bye

Anybody get their uber-lib hands on the tapes hosted at boston.com? No racial profiling in that call, except for the dispatch officer asking the race of the possible perps, which could simply be for identification purposes (dear God, how?)

The radio tapes don't reveal much besides Gates bitching in the background.

But this is definitely a racial matter, still. Keep beating that dead horse. Cops are all terrible people and none of them are ever right. This guy definitely didn't follow protocol and he hates black people, since he teaches his whole department how to racially profile.

You guys have changed focus from racial profiling to whether he was justly arrested just so you can keep arguing. :thumb: to that.
 

manimal

Ociffer Tackleberry
Feb 27, 2002
7,212
17
Blindly running into cactus
There has been a lot of information that's come up in this thread, including that statutes on Disorderly Conduct, whether wrongful arrest is ok if charges are ultimately dropped, legal education/background of police officers, etc and the best you can come up with are opinion pieces and legislation pushed by a Congressman from Michigan? How about a little insight as to any of the other questions that have been debated on this thread? What's your state's definition of Disorderly Conduct, when have you applied it (or would apply it) against someone, what's your take on dragging someone to jail if you know that the charges will ultimately be dropped, etc?
yes, i have arrested for disorderly conduct and no, the charges weren't dropped. there are laws on the books for situations that can only be solved by removing the problem person(s) from the area. remember, one part of a police officers job is to "keep the peace" and if there is someone repeatedly causing a disturbance for no good reason and the officer has made a reasonable attempt to calm the situation through other means, an arrest is often the only way to solve the problem.
the arresting officer did an outstanding job of trying to quell the disturbance by simply walking outside, off of gate's property but gates followed and continued to cause a scene. the officer wrote in his report that the disturbance caused several passers by to stop and "appear surprised and alarmed by gates outburst".
would i have done the same? yes. some people need to be reminded that the law applies to EVERYONE regardless of whether the cop knows "who he's messing with".
there is no such thing as a "wrongful arrest" if there is probable cause that the offense occurred. there is also a great system of checks and balances to ensure that there are no wrongful arrest. if i arrest some dude for cursing in public (NC General Statute 14-197 http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-197.html )
i have to take him before the magistrate who then decides whether i have probable cause for the charge. if the magistrate deems that i do not have enough PC for the charge, the subject is released immediately and his arrest record reflects the lack of PC. however, once i testify to the magistrate and he/she agrees that the arrest was lawful ie: enough PC, the magistrate then decides what type of bond the subject gets. usually for disorderly conduct type of charges they'll get a written promise to appear in court and walk out. then, comes their day in court where i have to prove my case against them, not the other way around.

i added the "opinion" pieces because they were based on pre-stated facts of the case and i didn't really feel like i should have to explain the inner-workings of my local laws to you. i've done my law homework in the form of a criminal justice degree and 120 hours of legal updates per year over the past 6 years and i don't feel like giving a dissertation of law to you armchair quarterbacks that took a constitutional law course in college and think you "know your rights." :rolleyes:

in the end, the cop was fully justified in arresting gates and had it been anyone other than a Friend of Obama, Inc., it would have been just any other day of keeping the peace.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
the arresting officer did an outstanding job of trying to quell the disturbance by simply walking outside, off of gate's property but gates followed and continued to cause a scene.
So, now his front porch isn't his property anymore?

And people wonder how police reports end up looking like the cop has a halo...you're doing it an internet forum, for ****'s sake.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
i added the "opinion" pieces because they were based on pre-stated facts of the case and i didn't really feel like i should have to explain the inner-workings of my local laws to you. i've done my law homework in the form of a criminal justice degree and 120 hours of legal updates per year over the past 6 years and i don't feel like giving a dissertation of law to you armchair quarterbacks that took a constitutional law course in college and think you "know your rights." :rolleyes:
You feel fine doing that on other subjects, where you have zero expertise.

http://www.ridemonkey.com/forums/showthread.php?t=58734&highlight=evolution
 

ohio

The Fresno Kid
Nov 26, 2001
6,649
24
SF, CA
had it been anyone other than a Friend of Obama, Inc., it would have been just any other day of treating blacks differently than whites
corrected.



(I'm betting we can keep this thread at the top for at least another week)
 

manimal

Ociffer Tackleberry
Feb 27, 2002
7,212
17
Blindly running into cactus
So, now his front porch isn't his property anymore?

And people wonder how police reports end up looking like the cop has a halo...you're doing it an internet forum, for ****'s sake.
since when did "his property" have anything to do with it. if what happens on "his property" is a disruption to the peace then it matters not.
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
thanks, I really appreciate that post. we may not agree, but I like getting your side of the story as you're the only person who really can speak with knowledge and real world experience about these situations. the fact that you have arrested people for disorderly conduct and had enough evidence to have the case go forward speaks volumes, as many people I know who have been detained for that (during the 2004 Republican convention, for example) were held as long as possible and then released without charges. My friend was arrested during the Critical Mass in NYC on Friday evening, and then sat in the so-called "jail" (floating barge) until Monday before being released without charges. The excuse was that there was no judge to arraign during the weekend, but the fact that he was released without having to go before a judge makes that argument moot. That is not exactly my idea of "checks and balances"...
 

stevew

resident influencer
Sep 21, 2001
40,586
9,597
thanks, I really appreciate that post. we may not agree, but I like getting your side of the story as you're the only person who really can speak with knowledge and real world experience about these situations. the fact that you have arrested people for disorderly conduct and had enough evidence to have the case go forward speaks volumes, as many people I know who have been detained for that (during the 2004 Republican convention, for example) were held as long as possible and then released without charges. My friend was arrested during the Critical Mass in NYC on Friday evening, and then sat in the so-called "jail" (floating barge) until Monday before being released without charges. The excuse was that there was no judge to arraign during the weekend, but the fact that he was released without having to go before a judge makes that argument moot. That is not exactly my idea of "checks and balances"...
In Wire speak he got a "humble".
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
since when did "his property" have anything to do with it. if what happens on "his property" is a disruption to the peace then it matters not.
No, it was the casual way you turned the actual events (according to police report, which I'm not even disputing, and is by definition one side of the story) which was this:

Come outside and I'll give you my name. (Which Crowley never did do when he was outside, according to the report)

Into this:

the arresting officer did an outstanding job of trying to quell the disturbance by simply walking outside, off of gate's property but gates followed and continued to cause a scene.

You don't even notice you do it, do you? Crowley never got off the property, nor did he attempt to. He also didn't try to quell the disturbance, which he apparently could have done by providing a citizen who was asking for information he is justified to ask for in his own house.
 

manimal

Ociffer Tackleberry
Feb 27, 2002
7,212
17
Blindly running into cactus
No, it was the casual way you turned the actual events (according to police report, which I'm not even disputing, and is by definition one side of the story) which was this:

Come outside and I'll give you my name. (Which Crowley never did do when he was outside, according to the report)

Into this:

the arresting officer did an outstanding job of trying to quell the disturbance by simply walking outside, off of gate's property but gates followed and continued to cause a scene.

You don't even notice you do it, do you? Crowley never got off the property, nor did he attempt to. He also didn't try to quell the disturbance, which he apparently could have done by providing a citizen who was asking for information he is justified to ask for in his own house.
you didn't read the report very well did you?

crowley left the house and went outside because he couldn't hear communications over gates' yelling. he had given gates his name twice before he walked out and gates continued asking for his name. crowley went outside so he could hear his radio and discovered other officers AND NEIGHBORS were observing the incident.

gates could have resolved the whole situation had he acted like a normal citizen instead of someone claiming constant victimization. here's a rundown of how a reasonable person reacts when a situation like this occurs.

[same scenario: officer is dispatched to a call of possible break-in at a house that has recently been burglarized ]

officer arrives and observes someone inside.

officer (o): sir, can you step outside with me for a moment?

citizen (c): who are you?

o: i am officer awesome with the metro PD

c: oh..sure..what seems to be the problem officer?

o: well, someone saw two subject forcing their way into your door and i'm investigating that call

c: oh...haha..no problem here officer, i locked myself out and had to force my way in.

o: oh..haha..hate it when that happens. do you have any ID to prove that this is your house?

c: sure do, here you go officer...i sure am glad you're this thorough...my house was broken into recently and i appreciate all the extra patrol here we can get.

o: okay..looks like you DO live here. sure is a bummer you had to break your door...have a good night sir.

c: you too officer, be safe.




that's how a normal conversation goes between citizens and officers and it's how this incident STARTED out (don't say people don't talk like that 'cause i've had a nearly identical conversation with a homeowner) until gates made an ass out of himself with his racial tirade without even considering the fact that officers were there for his benefit.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
you didn't read the report very well did you?


that's how a normal conversation goes between citizens and officers and it's how this incident STARTED out (don't say people don't talk like that 'cause i've had a nearly identical conversation with a homeowner) until gates made an ass out of himself with his racial tirade without even considering the fact that officers were there for his benefit.
Sure did.

Ironically, the fact that Gates flew off the handle with the charge of racism makes the speech clearly political, and courts in MA have found that political speech is not something that can make you guilty of disorderly conduct.

The fact that Gates didn't act like your normal citizen doesn't matter. He isn't obligated to act that way, and acting like an ass is perfectly legal.
 

MikeD

Leader and Demogogue of the Ridemonkey Satinists
Oct 26, 2001
11,688
1,734
chez moi
Sure did.

Ironically, the fact that Gates flew off the handle with the charge of racism makes the speech clearly political, and courts in MA have found that political speech is not something that can make you guilty of disorderly conduct.

The fact that Gates didn't act like your normal citizen doesn't matter. He isn't obligated to act that way, and acting like an ass is perfectly legal.
C'mon, you're smarter than that. Political content *alone* can't make speech disorderly, true. But this had nothing to do with the content of the speech, it had to do with the form.

If I'm downtown walking up to people and screaming in their faces about how races shouldn't mix (which I do all the time here in central Africa, lemme tell ya), I'm disorderly (among many other things), despite the fact that I happen to be spouting political content while doing so.

And there's no law against being an ass in your own home. There are laws which govern disorderly conduct in public. The fact that he was within the curtailage of his home is not legally pertinent, as the speech/conduct penetrated the public sphere. You can't, say, have loud sex on your front porch and claim you're doing it in private.

Again, I think the officer would have been better served by walking away and either laughing it off, writing a letter, or taking the case to a judge and having a summons issued so that the esteemed man in the robe could give Gates a decent talking-to. But that doesn't mean it was somehow wrong to arrest someone who was, in fact, in violation of a law.
 
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