# The Henry L Gates Case

**URL:** <https://boards.straightdope.com/t/the-henry-l-gates-case/826947>\
**Category:** Great Debates\
**Created:** [December 30, 2018, 11:27pm UTC](https://boards.straightdope.com/t/the-henry-l-gates-case/826947 "2018-12-30T23:27:07Z")\
**Posts on this page:** 7\
**Page:** 5

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [January 16, 2019, 10:51pm UTC](https://boards.straightdope.com/t/the-henry-l-gates-case/826947/81 "2019-01-16T22:51:46Z")

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> [@doorhinge](#):
>
> I was responding to a previous statement that had made.

Was it already too short to quote?

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [January 16, 2019, 11:43pm UTC](https://boards.straightdope.com/t/the-henry-l-gates-case/826947/82 "2019-01-16T23:43:46Z")

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> [@running\_coach](#):
>
> Was it already too short to quote?

Did you get lost? It was only two posts above yours. :smack:

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [January 22, 2019, 3:42am UTC](https://boards.straightdope.com/t/the-henry-l-gates-case/826947/83 "2019-01-22T03:42:53Z")

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> [@doorhinge](#):
>
> If someone is looking for a confrontation, they’re bound to find one. Do you think you could have handled a similar situation without getting into an argument with a cop?

And arguing with a cop when you did nothing illegal is an arrestable offense?

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [January 22, 2019, 4:44am UTC](https://boards.straightdope.com/t/the-henry-l-gates-case/826947/84 "2019-01-22T04:44:12Z")

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> [@Saint\_Cad](#):
>
> And arguing with a cop when you did nothing illegal is an arrestable offense?

I’ve heard that it’s easy to get yourself arrested if that’s your intention.

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**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\
**Post date:** [January 22, 2019, 10:25am UTC](https://boards.straightdope.com/t/the-henry-l-gates-case/826947/85 "2019-01-22T10:25:43Z")

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> [@doorhinge](#):
>
> I’ve heard that it’s easy to get yourself arrested if that’s your intention.

I’ve heard that if you cross MS-13, they’ll kill you as soon as look at you. But of course that’s not _morally right_ (nor is it legal). And MS-13 is a vicious criminal gang; cops are supposed to be _law enforcement officers_.

So, to rephrase **Saint Cad** ’s question a bit, do you think arguing with a cop when you did nothing illegal _ought_ to be an arrestable offense?

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [January 22, 2019, 6:30pm UTC](https://boards.straightdope.com/t/the-henry-l-gates-case/826947/86 "2019-01-22T18:30:56Z")

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> [@MEBuckner](#):
>
> I’ve heard that if you cross MS-13, they’ll kill you as soon as look at you. But of course that’s not _morally right_ (nor is it legal). And MS-13 is a vicious criminal gang; cops are supposed to be _law enforcement officers_.
> 
> So, to rephrase **Saint Cad** ’s question a bit, do you think arguing with a cop when you did nothing illegal _ought_ to be an arrestable offense?

Are you suggesting that the responding officer killed Gates? I haven’t read that anywhere. Maybe that was a poor example?

“Nothing illegal” are the key words, aren’t they. Illegal is defined by whatever the law defines as illegal, or unlawful, or a violation, etc… Arguing with a cop when you did nothing illegal should not be an arrestable offense. Unless, or until, you actually do something that is considered illegal/unlawful as prescribed by existing laws. Then the cuffs are applied. If you’re looking for a confrontation with a police officer, I’m sure you can instigate one. Or not. Your choice.

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**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\
**Post date:** [January 22, 2019, 8:24pm UTC](https://boards.straightdope.com/t/the-henry-l-gates-case/826947/87 "2019-01-22T20:24:09Z")

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> [@doorhinge](#):
>
> Arguing with a cop when you did nothing illegal should not be an arrestable offense.

Great! I’m glad we cleared that up!

But then you go on to say

> [@](#):
>
> Unless, or until, you actually do something that is considered illegal/unlawful as prescribed by existing laws. Then the cuffs are applied. If you’re looking for a confrontation with a police officer, I’m sure you can instigate one. Or not. Your choice.

So, in this case, at what point do you think Gates crossed the line from “arguing with a cop” (not illegal, therefore not arrestable) to–apparently? maybe? by implication?–doing something that you sort of seem to be saying _might be_ an arrestable offense. (Again, just going by the police version of events as recounted in the Wikipedia article). Not “Professor Gates was being awfully rude to that guy, who was just trying to do his job, protecting and serving” but “Professor Gates has broken the law, and should now be arrested”. We agree that “arguing with a cop when you did nothing illegal” should not be arrestable, but you seem to be sort of implying that at some point, I don’t know–_continuing_ to argue with a cop, or arguing in a “disrespectful” manner, or _something_–maybe _is_ an arrestable offense.

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