The issue is not about race relations or class; the issue is about 4th Amendment searches and seizures-not to mention property rights.
The United States Constitution comes into play in determining who was in error and whose rights were being violated.
The Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. That is the law, and as I understand the facts of the case, there was probable cause to check out what was going on in the house-especially since someone had called the police about that same address a week or two earlier.
So the burden of proof was met, until the police found out through looking at Gates driver’s license with his address on it that it was indeed his own home, and he was not some intruder. At that point, the officers should have left the premise, no matter how belligerent and obnoxious Gates, the owner of the home, had been.
Our legal system was based on two common law principles: (1) do all that you promised to do-precursor and foundation for modern day contract law; and (2) do not infringe on other persons or property-all criminal and property law stem from these basic principles.
British common law also considered a man’s home, his castle-the owner is king, so to say, of his home. Once that fact had been established, the officers were out of line and should have gracefully bowed out of the situation.
The cops had to check out the call of the neighbor; they would have been negligent had they done any less, but much beyond that was wrong. I would have been screaming too if a cop had arrested me in my own home, then marched me out of my house in handcuffs in front of all my neighbors.
You see, the law is about applying the law to that particular set of facts-it is about hair splitting if you will. The charges against Gates were dropped by the prosecutor who knows the officers had crossed a legal line-AND THEY WERE LUCKY HE/SHE DID.
Often the police take the attitude that they are kings and the people are serfs-they are to be Public Servants, in protecting the health, safety and welfare of the people. PERIOD.
Joann S. Secrist 