Violating the Constitution — The Case of Professor Gates

Fox News legal analyst Andrew Napolitano defends Gates and American civil liberties. Napolitano is one of the few conservatives allowed on Fox who actually believes that individuals should be protected from the power of the police state.

The law says, unless [a police officer] witnesses a felony…or unless he has a piece of paper from a judge—a search warrant or an arrest warrant—saying “you can go in that house,” he can’t go in the house. So when Professor Gates said “no you can’t come in,” and the police went in anyway [the police] violated the federal Constitution.

The police violated this guys constitutional rights.

The police didn’t merely act “stupidly” as Obama stated.  Apparently, they acted unconstitutionally.  Regardless of what kind of ass this guy may or may not have made of himself.  I haven’t seen the incident myself.

This is the kind of garbage that is turning this country more and more towards being an “un-American” police state.

The Po Po aren’t all powerful.  Citizens have rights.  Bush and Obama be damned.

One comment on “Violating the Constitution — The Case of Professor Gates

  1. Andrew Napolitano’s – or at least Think Progress’ interpretation of his statement – is not entirely accurate. The police can certainly enter a home without warrant of any sort when they’re responding to a crime in progress. It’s called Probable Cause. Also, depending on the exact nature of the situation, it may be covered under Exigent Circumstances.

    Officers Crowley and Figueroa were responding to a crime in progress. It was certainly legal and Constitutional for them to enter Gates’ dwelling without warrant or permission under those circumstances.

    It should also be noted that they LEFT Gates’ dwelling after he was properly identified as the residence’s owner. Sadly, Gates followed them outside to continue his tirade in a more public venue.

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