The Cop's-eye View

Apparently even Henry Louis Gates Jr. isn't immune to being arrested for "contempt of cop." Discretionary arrests for minor charges happen all the time. It's only rare when it happens to somebody of Professor Gates' stature and becomes national news.

If you're a police officer and run into the director of Harvard's W.E.B. Du Bois Institute for African and African American Research - even if he is rude to you - best to let it slide. Really.

In my book Cop in the Hood, I described how officers can invite a person outside in order to arrest him for disorderly conduct. I gave the hypothetical of a domestic dispute: "Though the officer believes this argument will continue and perhaps turn violent, there is no cause for arrest. Police may not order a person from his or her home. But an officer can request to talk to the man outside his house. At this point the officer might say, 'If you don't take a walk, I'm going to lock you up.' The man, though within his rights to quietly reenter his house and say goodnight to the police, is more likely to obey the officer's request or engage the police in a loud and drunken late-night debate. ... If a crowd gathers or lights in neighboring buildings turn on, he may be arrested for disorderly conduct."

The parallels with Cambridge Police Sgt. James Crowley's arrest report are striking: "I told Gates that I was leaving his residence and that if he had any other questions regarding the matter, I would speak with him outside. ... I again told Gates that I would speak with him outside. ... His reply was "Ya, I'll speak with your mama outside." ... [Gates followed me outside and] continued to yell at me, accusing me of racial bias and continued to tell me that I had not heard the last of him. ... I warned Gates the he was becoming disorderly. Gates ignored my warning and continued to yell, which drew the attention both of the police officers and citizens, who appeared surprised and alarmed by Gates's outburst."

Every police/public confrontation ends up in one of three ways: the suspect 1) leaves the scene, 2) defers to police authority, or 3) gets locked up. Mr. Gates couldn't do the first option, he refused to do the second, so he virtually begged for number three. It was certainly wrong, in this situation, to arrest Mr. Gates. But can it ever be right to cuff somebody for "contempt of cop"? The short answer is: yes.