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<p>I disagree. I don’t think there is a need in this case for more “facts” simply because of the nature of the arrest: disorderly conduct, man arrested on his own property.</p>
<p>Even you have said repeatedly that the arrest was unwarranted. I can add the lens of my legal training and experience to that, including awareness of the circumstances under which such charges can properly be brought, and my acute awareness of the various First Amendment / Constitutional law cases that have arisen over such laws – and I know that there is no set of “facts” that could likely come out that would justify that arrest. </p>
<p>Shouting in one’s own home is not “disorderly conduct”, because the offense involves creating a disruption in a public place. Making insults or accusations against the police officer is not “disorderly conduct” because anything the Prof. could have said short of a direct threat is protected free speech, and a threat would have led to a different charge. </p>
<p>But my legal training and experience is no more than what your common sense already told you: this arrest was bogus. (I’d note that it is possible to cite someone for disorderly conduct without making a custodial arrest – if your kids have a noisy party in your house and the neighbors complain, the 2nd time the cops come around they are very likely to issue such a citation, highly unlikely to put anyone in handcuffs). </p>
<p>Obama was quite gracious (as is typical for him) in saying that he should have tempered his language somewhat - but the point is the same: the arrest showed poor judgment on the part of the Cambridge police. The homeowner should not have been arrested under those circumstances whether he was black, white, or purple. Making bad arrests opens a police department and a city up to potential liability for false arrest – so cops need to be trained better to avoid such mistakes. When the bad arrest involves a white cop arresting a black man, it adds to overall mistrust and allegations of racism, even if there was no race-based intent, and good police work also includes sensitivity and a need to develop good relations with the community. That part is not just a black vs. white thing - it also comes up in such as how cops treat women in d.v. or rape cases, or any sort of contacts with various ethnic communities. The point is, all cops in a community are safer and better able to do their jobs if they can build positive ties with the people who live there.</p>
<p>A good cop would have backed down and left as soon as ascertaining that person in the house was the homeowner. A good cop should have a knack for defusing these sort of situations, not ratcheting up the level of tension. And a good cop doesn’t make arrests that won’t stand up in court. </p>
<p>And I certainly think it is appropriate for government leaders to set the standard, rather than simply reinforce a circle-the-wagons approach. </p>
<p>It WAS a “stupid” arrest. So Obama’s right: he could have chosen a different set of words, but he spoke the truth, and I think its a good thing when the US President is willing and able to do so.</p>