As a former LEO, let me clarify some of the misinformation that’s going around about the Gates arrest.

1. Sgt. Crowley had no business on Gates property.

False: Crowley was responding to a felony call – possible burglary in progress. The law gave Crowley every right and duty to be there. For instance if why on patrol an officer hears a scream from a residence, he can – after identifying himself and knocking, and getting no response, he or she can enter the residence. It’s called “probable cause”, and it’s legal.

Crowley was responding to a burglary in progress call. His first duty is to secure the scene, round up anyone on scene and require identification. On several points Gates impeded Crowley in the performance of his duties.

2. Gates did noting wrong.

False: Gates failed to comply with two lawful orders to calm down. Law enforcement officers are empowered by their position to issue such orders even if it is on private property, so long as they are in the investigative phase of an crime or possible crime. Both times Gates was warned that he was subject to arrest. The officer was within his duty to secure Mr. Gates and arrest him for disorderly conduct.

Again, disorderly conduct is an offense which one can commit on private property.

3. Crowley had no cause to arrest Gates.

False: As above Gates refused to comply with a lawful order to stop causing a disturbance. At that time – in any jurisdiction in America – an officer can place a person under arrest. Whether Crowley should have is an issue for his supervisors to review. However, in 99 percent of these cases the “arrest discretion” comes from the officer on scene.

Again, it does not matter if the offense took place on public or private property.