If Sotomayor said anything like that which was attributed to her, then I'd expect her to withdraw.

Being a female or a Puerto Rican is not an excuse for what she is cited as saying. I know she can't be a racist or sexist because she a minority and female. Do you really believe that for a second? Is there really any truth to the statement that someone cannot be called a racist or sexist because of some sort of "rule"? She maybe a person with anger issues that need to be fixed before she assumes the robes of the USSC. At least, she needs to address these comments.

is not a racist. For God sake read his post. Nothing he said is racist. You small minded clowns have to get your asses of your shoulders and get over it.

If the cops had not investigated you would have called their lack of response racism.

It's my belief that the professor was probably exhausted after a hugely long flight from China and stressed out from not being able to gain normal access by way of the front door and took out some of his anger out on another person. I expect in retrospect he might want to apologize but now that Sharpton, et al have joined in the fray, he will be unable to do so. After all, he's noe a cause celebre.

The police get a call about a possible burglary. When the Sergeant responds he has the power to enter the dwelling with out a warrant because he has probable cause to believe a crime is in progress. This means that he can ask for identification of any person present on or near the premises that might match the description of the possible burglars.

The sergeant knows that the reporting party spoke of two people trying to enter the home. This allows the police to ask if anyone else is in the home and search it is necessary without a warrant. This is because officer safety trumps private property rights. Professor Gates proffered ID and it was reported to be Harvard University ID, The police then contact the university to verify that the Professor has a right to be on the premises. The Professor does not own the property, but rather lives in the home with the ok of the university.

Because there is a possible crime happened or is in progress, the person in the home has a choice to respond to the officer or be detained until the officer can verify who the person is. This often means going to jail until all aspects of the ID and right to possess the property have been decided.

Professor Gates has been described as being angry and creating a scene. Again, because the home is a potential crime scene, the police can require the homeowner to leave the home to allow for a full search of the home for potential miscreants. I've read a whole bunch of people who think that a warrant is always needed to enter a home. Nothing could be further from the truth.

Read my post again. Officer safety allows a person to be removed from a house if the officer believes the the officer might be in danger if the person remains. This allows cuffing and other methods of detaining a person/suspect. If the Professor had not ID'd himself he was a suspect. If he was ID'd, he might be a threat to the officers safety. Remember, Gates had not been in the house very long himself. What makes you think someone else had not broken in earlier? Far fetched? Sure, but possible. We are in the summer break from school. Why does having a Harvard ID become proof certain that you have possession of a house?

Try again.

It's curious that you forgot to include an ongoing criminal act... Like burglary.

I you allow a person to stay in a building and need to search it the actions of the person might put the officer at risk. Something as simple a "Why are you going upstairs" might tip off a criminal as to what the officer is doing and create a risk. As for being Yoo. It's my opinion that that asshole should have a thousand fleas infest his underwear. Apologies to Johnny Carson.

Look at it this way. You pull over a car for X. You can "curb" the people in the car because it's too easy to do something to harm the officer.

Miranda protection only come into play when questioning of a suspect takes place. Questions about name address and the like do not require Miranda warnings. Miranda does apply is the person is not a suspect. Kind of subjective, huh?

By the way, the only dog I have in this fight is that I'm pissed that the President chose to shoot off his mouth. I expect the whole Gates arrest will be found to be a very large fart.... All noise the substance.