<html><body bgcolor="#FFFFFF"><div>Can someone be charged with <span class="Apple-style-span" style="font-size: 15px; -webkit-tap-highlight-color: rgba(26, 26, 26, 0.296875); -webkit-composition-fill-color: rgba(175, 192, 227, 0.230469); -webkit-composition-frame-color: rgba(77, 128, 180, 0.230469); color: rgb(0, 35, 163); font-family: Verdana; ">“public nuisance”<span class="Apple-style-span" style="color: rgb(0, 0, 0); font-family: Helvetica; -webkit-tap-highlight-color: rgba(26, 26, 26, 0.296875); -webkit-composition-fill-color: rgba(175, 192, 227, 0.230469); -webkit-composition-frame-color: rgba(77, 128, 180, 0.230469); font-size: 17px; "> if they are in their own home? This is a genuine question, not a rhetorical question.</span></span></div><div><span class="Apple-style-span" style="-webkit-tap-highlight-color: rgba(26, 26, 26, 0.292969); -webkit-composition-fill-color: rgba(175, 192, 227, 0.226562); -webkit-composition-frame-color: rgba(77, 128, 180, 0.226562);"><br></span></div><div>Sent from my iPhone</div><div><br>On Aug 2, 2009, at 11:12 AM, Sunil Ramalingam <<a href="mailto:sunilramalingam@hotmail.com">sunilramalingam@hotmail.com</a>> wrote:<br><br></div><div></div><blockquote type="cite"><div>
I mistakenly thought my last post would make it clear that Gates' acts did not rise to criminal behavior, but I was apparently wrong. So let me just cut and paste some annotations from cases dealing with the MA law that he was charged with violating:<br><br><blockquote>
Arrest under Massachusetts “idle and disorderly person” statute was
unlawful under Massachusetts law, where defendant was arrested for
yelling, screaming, swearing and generally causing a disturbance but,
though the yelling was undoubtedly loud enough to attract the attention
of other guests in hotel, it did not rise to level of “riotous
commotion” or “public nuisance.” U.S. v. Pasqualino, D.Mass.1991, 768
F.Supp. 13.<br>
</blockquote>
And –<br>
<blockquote>
Defendant who did not physically resist his arrest arising out of a
domestic violence incident could not be convicted of disorderly conduct
based solely on his loud and angry tirade, which included profanities,
directed at police officers as he was being escorted to police cruiser,
even if spectators gathered to watch defendant; defendant did not make
any threats or engage in violence, and his speech did not constitute
fighting words. Com. v. Mallahan (2008) 72 Mass.App.Ct. 1103, 889
N.E.2d 77, 2008 WL 2404550.<br>
</blockquote>
And –<br>
<blockquote>
Defendant's conduct, namely, flailing his arms and shouting at
police, victim of recent assault, or both, after being told to leave
area by police, did not amount to “violent or tumultuous behavior”
within scope of disorderly conduct statute, absent any claim that
defendant's protestations constituted threat of violence, or any
evidence that defendant's flailing arms were anything but physical
manifestation of his agitation or that noise and commotion caused by
defendant's behavior was extreme. Com. v. Lopiano (2004) 805 N.E.2d
522, 60 Mass.App.Ct. 723.<br>
</blockquote>
Here is more from that case:<br>
<blockquote>
[Officer] Garrett asked the defendant to exit the vehicle. As the
defendant was getting out of the car, he “kept saying no problem here,
no problem here, everything is all set, no problem.” The police advised
the defendant that he would be summonsed to court for assault and
battery, that he was not to be arrested at Carins's [the alleged
victim] request, and that he had to leave the motel parking lot. He
began to walk away. [Officer] O’Connor testified: “He took a few steps
from me, ten steps, turned around, began flailing his arms, yelling
that I was violating his civil rights.” He was advised a second time to
leave, and the defendant was “yelling at me, you're violating my civil
rights, then he began yelling at Ms. Carins, why are you doing this to
me, you'll never go through with this.” At that time, he was placed
under arrest. It is not disputed that only the defendant's conduct
after he left the car forms the basis of the disorderly conduct charge.<br>I won't pretend I have done extensive research on this, as I have not. But I think these cases make it pretty clear why Gates' case was dismissed. I don't think he broke the law at all.<br><br>Now, simply because such behavior may be legal, I don't recommend anyone engage in it. I try to advise people of their rights, but I always tell them to do so politely. The people with the badges, guns, and tasers may also be having a bad day, and while the citizen might eventually be exonerated, the immediate future can sometimes be quite unpleasant.<br>As I keep saying in this thread, bad manners are not criminal offenses. Let me now add, good manners are often more helpful in these situations<br><br>Sunil<br><br><br></blockquote><br><br>> Date: Sat, 1 Aug 2009 18:05:43 -0700<br>> From: <a href="mailto:godshatter@yahoo.com"><a href="mailto:godshatter@yahoo.com">godshatter@yahoo.com</a></a><br>> To: <a href="mailto:sunilramalingam@hotmail.com"><a href="mailto:sunilramalingam@hotmail.com">sunilramalingam@hotmail.com</a></a><br>> CC: <a href="mailto:vision2020@moscow.com"><a href="mailto:vision2020@moscow.com">vision2020@moscow.com</a></a><br>> Subject: Re: [Vision2020] Say What?<br>> <br>> It depends upon whether Gates really was violating the law or not. Is <br>> refusing to let someone who is technically breaking the law slide <br>> because you are angry an abuse of your power? It's a dick move, sure, <br>> but if Gates really was breaking the law then he can't exactly claim <br>> abuse if he's arrested.<br>> <br>> I don't know the specifics of the law he was arrested for. Is it <br>> disorderly conduct when you are on your front porch yelling at someone <br>> who is on the public sidewalk? I don't know.<br>> <br>> Paul<br>> <br>> Sunil Ramalingam wrote:<br>> > As far as I'm concerned, pity has nothing to do with this. The issue <br>> > is the unlawful arrest.<br>> ><br>> > <a href="http://volokh.com/posts/1248465451.shtml"><a href="http://volokh.com/posts/1248465451.shtml">http://volokh.com/posts/1248465451.shtml</a></a><br>> ><br>> > Both men let their anger override their judgment, but one had the <br>> > power of the state behind him, and abused it.<br>> ><br>> > Sunil<br>> ><br><br>
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