Networks Neglect to Analyze Legality Of Harvard Professor’s Arrest

Sgt. James Crowley (left), Prof. Henry Louis Gates (top), Pres. Obama (bottom)

Whether network news anchors sided with or against Prof. Henry Louis Gates regarding the controversial events which led to the renowned Harvard Professor’s arrest at his home on July 16, 2009, a majority neglected to discuss in any depth the legality of this arrest.

Network news programming chose instead to focus on whether the incident was racially motivated, tapping into the inherent tribalism which pervades American culture.

Two programs broadcast via the Internet, Freedom Watch and LiberalViewer, have been the only news programs to substantively analyze the legality of this particular arrest, where the commission of a crime seemed ambiguous at best.

Judge Napolitano, host of Freedom Watch on foxnews.net, said on the July 29th episode that absent a search or arrest warrant, witnessing a crime first hand or chasing a suspect into Gates’ home, the courts have upheld that a third party calling over the phone is insufficient cause for Sgt. James Crowley (the arresting officer) to have violated the Professor’s Fourth Amendment right to be secure in his home and person against unreasonable search and seizure.

Otherwise, noted the Judge, “any anonymous call can be used to induce the police to violate an individual’s right to be secure in his or her own home, person, papers and effects.”

Napolitano further said that Massachusetts law states that disorderly conduct, the crime to which Gates was arrested, is not a crime which a person can be arrested for while on his or her own property. Which even the police report stipulates was the case, that the Professor was on his porch, when he was alleged to have committed the crime of disorderly conduct and subsequently arrested.

LiberalViewer, a media and political analysis channel on YouTube created by an attorney in Northern California, in a July 27th video report titled, “Stupid to Arrest Harvard Prof. Henry Louis Gates Jr.?,” cites specific Massachusetts Case Law (Commonwealth vs. Lopiano and Commonwealth vs. LePore) in which the court ruled, “To be disorderly, within the sense of the statute, the conduct must disturb through acts other than speech; neither a provocative nor foul mouth transgresses the statute.”

Taking into account the police report written by Crowley and public statements made by Gates, it is reasonable to conclude that Gates did not commit the crime of disorderly conduct because: 1.) He was on his own property when the arrest was made and, 2.) Mere words are insufficient to violate the statute of disorderly conduct in the state of Massachusetts.

Thus, the arrest violated both the Constitution and Massachusetts state law.

The President referring to this arrest as “stupid” in a press conference, a much maligned statement by conservatives, has some merit because Sgt. Crowley opened himself up to both civil and criminal litigation through falsely arresting a well known public figure.  Although, simply calling it “illegal” would be a more accurate description.

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