Henry Gates case raises the question: What is disorderly conduct?
Neighbor's photo of arrest
Since authorities dropped charges against Henry Louis Gates Jr., presumably they believe police acted improperly in arresting him in the first place.
Slate.com’s Ask the Explainer column takes a look at the actions of Gates and officers during the incident, and whether Gates or the police overstepped their bounds.
It asks: What exactly is disorderly conduct?
The answer:
Behavior that might cause a riot. Massachusetts courts have limited the definition of disorderly conduct to: fighting or threatening, violent or tumultuous behavior, or creating a hazardous or physically offensive condition for no legitimate purpose other than to cause public annoyance or alarm. (The statute, however, just says “idle and disorderly persons,” a formulation that is, on its own, patently unconstitutional.) Violators may be imprisoned for up to six months, fined a maximum of $200, or both.
The stilted language in the Gates police report is intended to mirror the courts’ awkward phrasing, but the state could never make the charge stick. The law is aimed not at mere irascibility but rather at unruly behavior likely to set off wider unrest. Accordingly, the behavior must take place in public or on private property where people tend to gather. While the police allege that a crowd had formed outside Gates’ property, it is rare to see a disorderly conduct conviction for behavior on the suspect’s own front porch. In addition, political speech is excluded from the statute because of the First Amendment. Alleging racial bias, as Gates was doing, and protesting arrest both represent core political speech.
The Explainer also tackles this question: Gates initially refused to emerge from his home and provide identification. Was he required to?
The answer:
No. There’s nothing to stop an officer from requesting your presence on the front porch or asking you questions, but he cannot force you to identify yourself or come out of your house without probable cause. (The rules are different for drivers and immigrants, who are required to provide identification upon request.) If you don’t feel like chatting, ask the officer whether you are free to go about your business. If he answers no, you are being detained, which means the officer must acknowledge and abide by your full menu of civil rights, including the famous Miranda warnings.
(2 votes, average: 3 out of 5)
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Steve Parker is the deputy managing editor for news, and oversees the Post-Dispatch's front page. STLtoday's online news editors are on his newsroom team. Parker has been at the paper since September 1980. 
Mr. Parker why would you delete my post? I used no profanity or racial slurs. I’m entitled to my opinion. I broke no TOS. Yet some of you people don’t like an opinion that differs from you or some of the populations in this country. It seems to me that all opinions that are brought to the table should be respected. If you disagree with my contentions then state them. Deleting is just another crutch for opposing opinions that control the delete button to use.
Anyone want to wager that the first response from Gates after the police ask to see ID was you’re a racist! Or some other disparaging remark that the MAJORITY of Black men in this country would make during a stop or questing by a police officer. Ask any patrol officer they will tell you the climate and attitude of black men is of confrontation when they believe they have been disrespected, and that shows whenever a white police officer is in that position. Gates is no different than the average black man except he’s a Professor at Harvard. He has a degree in Black studies and was given that position because of Affirmative action, the board trustees of Harvard needed a black studies chair and they hire him.
Was probably erased because it was an embarrasment to the human race.
T moore
Really, dispute how he obtain his position at Harvard. you cant nor will you.
The police are there to enforce the law and nothing more. If he got into their faces, calling them racists, they should have said, “Sorry for distrubing you, SIR. Have a good night.”
But, if the police turned into, “YOU WILL RESPECT MY AUTHORITY” and all, the situation turned into an embarrassment.
In my line of work, I get called all kinds of names. Just a little advice a got back in 3rd grade helped. Remember, sticks and stones…..
I don’t know…maybe hardwork…dedication…and an education. I am sure he had others going for the same position…..
And yes, minorities deal with a lot when it comes to cops so SOME minorities feel as if they are being singled out if they are being harassed by an officer when they have not done any wrong doing.
…..Why am I responding to you?????
….I been fooled and sucked in to a trap!!!!!! LOL
I told myself that I will not stoop to a lower level then Greyghost and, in my opinion, you are a little less tolerable.
Just a thought I will bring to the table - when a black is stopped, the FIRST thing out of the mouth is ‘I didn’t do nuthin, what did I do? etc”, when they know full well what they did, and then the next thing out of the mouth is “you only stopped me cause I’m black!” Never fails. Disorderly conduct, in my opinion, begins when an officer, black or white, requests you to comply, then you comply. To do otherwise is to ask for trouble. There are many and varied reasons you are asked to comply. One, they could be looking for someone that you resemble, or the car you are in matches the description of one that just committed a robbery,or, you look and act suspicious, like you are trying to hide something, drugs maybe? All kinds of reasons - to not comply is to offer a challenge the the cop. And, the cop DOES have the authority to take you down to the ground if deened necessary to get you to comply. Just cooperate and you’ll come out a whole lot better off. But, when you challenge, resist and fight back, curse and call names, spit, run, etc. then you are in a disorderly conduct mode. You are asking to be tased, etc. You create your own demons.
I have been arrested one time in my life. I said nothing disrespectful to the officer. But, I was still arrested for no reason. Why? Because I am black. How do I know? Because there was another person in the deuce and a half, who was white and was not.
Oh, we were both in uniform, with sidearms, going for supplies we needed.
In Washington DC on 9/13/01. We were assigned to Patrick as an area defense force. We were required to be armed, under the orders of the CInC.
So no, it never happens for no good reason. Yes, the cop was given this info also, but according to him, no uppity n should have a gun in my city.
Needless to say, all charges were dropped. My commander ripped that fool a new one.
Judging by the definition, Gates did nothing wrong.
Disorderly conduct is whatever the cops say it is after you have annoyed them in some fashion or are engaged in behavior that is not illegal, but they want to punish you in some way.
What we have is how this society expects a black man to act when confronted by a law enforcement officer. If you ask most black men they want cart blanch. “Officer I know I ran the red light but you only stop me because I”M BLACK! I know detective the liquor store was robed but my friends gave me all those cigarettes to hold but your only giving me SH*T causes I’M BLACK. So it goes day after day police hear the same old song. I’m quite sure because of his position at HARVARD and his Black studies he has nothing but disrespect towards Police(without Police we would have unbridle violence) he has bought in to this notion that all black men are treated differently by the justice system, he can do nothing but that.
It appears that the officer asked Mr. Gates to come out of the house as he was alone and didn’t feel comfortable in the house by himself with the “intruder”. As I have read it so far, Mr. Gates was obnoxious and unruly even during the ID vetting process in addition to saying racial epithets. It was at this point he was cuffed.
I’m a white guy and have been stopped for no good reason at 1130 at night and checked by the police for allegedly weaving in and out (wasn’t). I responded to the officer by saying “yes officer” “no officer” and was as polite as can be. I was let go with a “warning”. The bottom line: I give cops all the respect I can. Why is it that Mr. Gates appears to not have been respectful? Why is it that he throws insults out? You can bet he used his power and position to try and bully the cop. Funny how he is Obama’s friend.
Nope, he was an idiot and appears to have responded to the cop like an idiot. He should have been cuffed. I know I would have been as well.