Friday, August 7, 2009

Gates attitude may have been ugly; the cop violated his constitutional rights

Gates acted like an idiot, but the policeman, though not racist, did violate his constitutional rights listed inthe 4th amendment to the US Constitution:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Supreme Court has ruled that a home owner under the 4th amendment does not have to show the authorities their ID or drivers licence (papers please - as done in Nazi Germany).

Also, the officer entered Gates home without a warrant as required by the 4th amendment.

Gates being ugly or refusing to show ID while in his house does not give the police the probable cause they need to enter the home without a warrant or to even make an arrest.

No Matter how much a person may dislike Gates or his attitude, Gates though acting ugly and refusing to show ID was well within his constitutional rights to do so.