On Professor Gates' "Stupid" Arrest

Unless you confess to a crime,or threaten to commit a crime, there is nothing you can say to a cop that makes it legal for him to arrest you. You can tell him he is stupid, you can tell him he is ugly, you can call him racist, you can say anything you might feel like saying about his mother. He has taken an oath to listen to all of that and ignore it. That is the real teachable moment here — cops are paid to be professionals, but even the best of them are human and can make stupid mistakes.

We have an uncomfortable choice with Sergeant Crowley. Either he doesn't know what disorderly conduct is or Crowley simply decided to show Gates who's boss the only way he knew how at the time — by whipping out his handcuffs and abusing his power to arrest. Police make the latter choice in this country every day, knowing that the charges are going to have to be dropped.

We all know that happens. That's why so much of the commentary about this case is obsessed with exactly who said what to whom in the Gates home that day. Most white, and some black, TV talking heads obviously believe that Gates was stupid if he actually exercised his constitutional right to say anything he felt like saying to a cop. Because they know it is not terribly difficult to provoke American police to violate their oaths and the law and arrest people for no legal reason.

The president was right when he called the arrest stupid. It doesn't mean Crowley is stupid. It means that, in that moment, he made a stupid choice.

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