Skip's arrest improper under Massachusetts law

On July 24, Cambridge police unions called on President Obama to apologize to "all law enforcement personnel," saying they "deeply resent the implication" of his comments about the arrest of Henry Louis "Skip" Gates. The Cambridge police were quick to continue along the racial profiling line of thinking. However, in my opinion, this was an effort to change the subject and detract from the simple fact that under Massachusetts law, Sargent Crowley did not have the legal footing to arrest Skip Gates. Hence, the charges against Gates being immediately dropped .

Sargent Crowley had the power, the training and the authority to pull back and diffuse the situation, he chose not to. Even a Fox News contributor, Judge Andrew Napolitano, believes that the arrest of Henry Louis Gates was improper...

"Judge Napolitano believes that if officer Crowley's police report is to be believed and that he arrested Gates on his own property that the arrest was improper. Under Massachusetts law Sgt. Crowley had no legal right to arrest Gates. Mr. Gates was on his own property which means he was not causing a public disturbance.

Also under federal law Crowley had no right to enter Gates house without his permission. That stands even if Crowley believed something was wrong. According to Judge Napolitano the police officer has to actually see a crime being committed or have a search warrant to enter the house.

If the police report is correct Crowley violated Mr. Gates Fourth Amendment Rights Whether or not you believe race played a part in this situation it is obvious that the officer did not react properly."

Source

It is the Cambridge Police who pushed the racial profiling issue while standing on the Blue Line. It is the Cambridge Police who owes President Obama and the rest of this country an apology for not standing down and backing away from the volatile issue of race baiting. All of a sudden the highly trained and diplomatic Sargent Crowley no longer has a comment.