The Gates Case and North Carolina Law

Published for NC Criminal Law on July 28, 2009.

I am reluctant to dip my toes into the waters of controversy swirling around the arrest of Harvard Professor Henry Louis Gates, but it provides a useful framework for discussing North Carolina's disorderly conduct laws, so I'm going to do so anyway. First, let me provide the disclaimer that I'm not taking sides. The best thing I've read about this controversy is this AP article, arguing that Professor Gates and Sergeant James Crowley, the arresting officer, had a very understandable misunderstanding. And the happiest thing I've read about the situation is this piece, suggesting that Gates and Crowley may both be willing to bury the hatchet. Folks who want to do further reading about the facts might be interested in the police report and in a lengthy New York Times article on the case. I'll assume, for the purposes of this post, that the facts relevant to the arrest -- which don't directly include the facts about Crowley's treatment of Gates -- are as follows: Sergeant Crowley went to Professor Gates's home in response to a call about a possible break-in. The two didn't exactly hit it off, but after some conversation, Crowley realized that Gates was the homeowner. Crowley prepared to leave. Gates, who is black, felt that Crowley had treated him differently than he would have treated a similarly-situated white person. As Crowley left the home, Gates loudly accused Crowley of being a racist police officer, and offered to "speak with [Crowley's] mama outside." Gates followed Crowley out of [...]