Police are and should be held to a higher standard. But I’m pretty much an absolutist when it comes to free speech. I don’t think you should be fired for what you do and say at home.
(But on the other hand I wouldn’t want a nazi or klan leader to be a police officer. Even if they argue that they can keep their private life and beliefs separate from their job performance.
We all say things in private that would be inappropriate, insensitive, and offensive if taken out of context or said in public. I know I have. But this guy was an idiot. I mean, first he writes an offensive comment to a columnist and then he forwards it to all his friends in the National Guard. So it wasn’t exactly private anymore. But I still think it’s free speech. But then what should the police department do? Doing nothing doesn’t seem like the answer, either.
Here’s the story by Maria Cramer in the Boston Globe.
This one I wrote. Careful readers of this blog will have come across many of these points.
Every police/public confrontation ends up in one of three ways: the suspect 1) leaves the scene, 2) defers to police authority, or 3) gets locked up. Mr. Gates couldn’t do the first option, he refused to do the second, so he virtually begged for number three. It was certainly wrong, in this situation, to arrest Mr. Gates. But can it ever be right to cuff somebody for “contempt of cop”? The short answer is: yes.
Mike O’Neil has a good article in the Huffington Post. What he hopes three well intentioned men will say in the White House.
I would write more. And respond to comments. But I’m in Chiapas, Mexico, on the Pacific Coast with what must be the world’s worst internet connection. On the plus side, all is peaceful here. And the food is delicious. And in Comitan, you can even drink the water!
Here is my take on the matter. Only the first three points are new.
1) The 911 call was excellent. A woman saw something suspicious and reported it. Race was not mentioned. In fact, the caller specifically said she could not determine race and raised the possibility that the people lived there. But better safe than sorry.
2) The call was dispatched as typical, with the officer knowing very little about the actual 911 call. But the 911 operate seems to have done a pretty job at getting the relevant info to the dispatcher.
3) Once a wagon is called for, it means somebody is going to be put in it. It’s not clear about the time frame or officer’s location at this point. I don’t know if the clip above is complete or edited or what.
4) The officer had every legal right to be in the house and needed to investigate a possible burglary.
5) The arrest of Gates was dumb. That does not mean the arrest was wrong. The arrest was dumb because it Henry Louis Gates Jr. and you don’t want discretionary arrests for disorderly conduct to become national news. I thought so on day one and I still think so.
And thank you for all your comments. It’s been a great discussion. Too bad I’ve been in Mexico, missing all the fun.
For me at least. My wife writes travel books. And no, travel writing is not as glamorous as you’d think. She’s going to Mexico. I tag along and play the role of Pedro, El Chófer.
She and her friend also have an outstanding cookbook coming out soon. Forking Fantasticquotes me as saying a mandoline is more dangerous than me drunk with a gun. A stand by that statement.
I return in August, straight to Baltimore and my favorite crab feast.
In the meantime, keep commenting, stay civil, and stay safe.
[update: Obama says the police acted “stupidly” in arresting Gates’. Has he been reading my blog?]
Should being an a-hole to police get you locked up?
Seriously.
Remember, being an a-hole isn’t technically a crime. But many people have talked their way into handcuffs. Police can always get you for something.
I ask this because my wife seemed vaguely bothered by this concept. But it doesn’t bother me.
John Van Maanen wrote the classic academic piece appropriately titled “The Asshole.” Some of it is a bit dated now (it’s from 1978), but the core concept holds true. Police label people as suspicious persons, know-nothings, or assholes. Assholes are likely to get locked up (in Van Maanen’s time, beaten).
More recently Southpark’s Cartman said, “This will teach you to question my authoritay!” And Chris Rock’s “How Not to Get Your Ass Kicked By the Police” always deserves another viewing.
Now Rock, like Van Maanen, talks about getting your ass kicked. But the same applies to getting arrested for some B.S. charge. I honestly don’t know how police could do their job if they didn’t have a “catch all” offense to lock you up (but of course you need smart police officers to use and not abuse this discretion).
Seems like you should treat everybody with respect–strangers, waiters, employees in stores–but of all people you should treat with respect, a police officer with a gun, handcuffs, and the legal authority to put your ass in jail should be pretty high on the list.
In the old days, if you were a jerk to the police, they might beat you. That doesn’t happen much anymore. Ultimately cops have handcuffs. Handcuffs–and not, as Bittner once said, the use of force–handcuffs define the function of police.
But what are you supposed to do as a cop if somebody will not respect your authority? Look, if I tell a drug dealer to leave a corner and he says, “f*ck you.” He’s got to go. What is a cop supposed to do when verbally confronted? You can’t through down and play the dozens.
Every police/public confrontation ends up in one of three ways: the suspect must 1) defer to police authority, 2) leave the scene, or 3) get locked up. Right or wrong, there really is no other choice. Not that I can think of.
Generally, I had a pretty high-tolerance (at least by Baltimore cop standards) for taking sh*t. I’m a pretty mellow guy. Sometimes I would just laugh. I did not have a chip on my shoulder and I didn’t want to lower myself to ghetto standards. Other cops would be quicker to take things personal.
But if you questioned my authority? Well, ain’t nobody gonna punk me. Not when I was working. Cops can’t lose face. Period. To do so is dangerous if you ever have to walk those streets again.
I didn’t see it as my job to teach people respect. It was usually too late for that, anyway. But if you wouldn’t respect me, you would at least obey me. If I had to get in your face, so be it. Better to feared than loved, cops will tell you. I don’t buy that. Better to be obeyed than feared, I say. When people are afraid, they strike back when cornered.
But sometimes you have to make people think you’re crazy. Make them think you hate them. Make them afraid. I reserved that act for special occasions.
[Why do you think so many cops shave their heads? I did, too. Looking like a skinhead might not be good for community policing, but it can make a criminal think twice before wanting to fight you.]
As a cop, I didn’t want to be loved. I didn’t mind being feared. I did want to be respected. But all that really mattered to me was to be obeyed.
Leave it to me to have to read another blog to find out about stuff that I’ve already written.
See, there’s this book I wrote, Cop in the Hood. I hear it’s pretty good. It’s also, uh, for sale. Anyway, on pp. 117-118 I describe how officers can invite a person outside in order to arrest him for disorderly. I never used this trick, but it certainly was something I could have used. I gave the example of a domestic situation:
Though the officer believes this argument will continue and perhaps turn violent, there is no cause for arrest. Police may not order a person from his or her home. But an officer can request to talk to the man outside his house. At this point the officer might say, “If you don’t take a walk, I’m going to lock you up.” The man, though within his rights to quietly reenter his house and say goodnight to the police, is more likely to obey the officer’s request or engage the police in a loud and drunken late-night debate. The man may protest loudly that the officer has no reason to lock him up. If a crowd gathers or lights in neighboring buildings turn on, he may be arrested for disorderly conduct.
Crooked Timber writes: “Moskos is in general in favor of police having a fair amount of discretion (he seems to believe that much basic policing work would be impossible without it).” True, indeed.
I told Gates that I was leaving his residence and that if he had any other questions regarding the matter, I would speak with him outside his residence. As I began walking through the foyer toward the front door, I could hear Gates again demanding my name. I again told Gates that I would speak with him outside. My reason for wanting to leave the residence was that Gates was yelling very loud and the acoustics of the kitchen and foyer were making it difficult for me to transmit pertinent information to ECC or other responding units.
…
Gates ignored my warning and continued to yell, which drew the attention both of the police officers and citizens, who appeared surprised and alarmed by Gates’ outburst.
Crooken Timber says:
Now, I should emphasize that I have no personal reason whatsoever to doubt that Crowley’s account of the arrest is accurate – it may very well be that the acoustics were such that communication was difficult indoors. I am not acquainted with the physical specifics of the building where Gates lives. It is, however, notable that Moskos’ Baltimore police officer both (a) uses a verbal invitation to induce the targeted individual to leave the building, and (b) then uses the attention of bystanders to generate a charge of disorderly conduct. Whether these resemblances are purely accidental or not (in the absence of more facts, you could generate arguments either way), I leave to the imagination of the reader.
Now go subscribe to your local paper that carries it.