re: #160 SanFranciscoZionist

Crowley was within rights to take him into custody at that point, I think, based on what I have read about his behavior. I do not know all the case law relating to the Fourth Amendment, but I don’t think it rules out the situation that developed. Crowley could probably have avoided the arrest, but it sounds like Gates was not, in fact, establishing that he was the householder.

No. Under Massachusetts law you cannot be disorderly on your own property. Under Federal law unless the police officer has personally witnessed a felony or has a search warrant, he may not enter a home without permission. Gates had every legal right to tell Crowley to leave. The fact that he acted like an asshole while doing so does not strip him of any of his rights under state or federal law. The fact that his arrest was immediately thrown out by the court proves this to be the case.