People who are "not criminals" get arrested all the time. Play your music too loud at 3 Am and tell the cops to go **** themselves and see what happens. Agree with DC statutes or not...it IS a law.
Difference being that in your example, someone presumably broke a law. Speaking to your example, though, I've seen this situation more than once, and no one ever got arrested. I've seen a few citations, many warnings and admonishments to keep it down, but never handcuffs. And even in this situation, if the handcuffs were strictly for "telling the cops to go **** themselves" I'd disagree then, too. I'm all for being polite and respectful to everyone, but I also have a well documented stubborn streak and the idea that I should kiss a cop's butt or get arrested really rubs me the wrong way.
Once again, this guy broke no laws. He was arrested for not offering the appropriate degree of respect to the cop.
The key here is environment. If you are at a loud rowdy bar you can be a bit more of a jackass and it is not causing a disturbance and the behavior is not so out of the ordinary. If you are in a very nice neighborhood like this and your behavior is scaring other people who live in the area and you are refusing requests to calm down, they probably are going to determine that the best way to reestablish peace was to remove him from the situation.
In my opinion, I should have MORE latitude to act like a douche in my own home than in a public location, even if it's a rowdy bar.
Granted there are some police who may abuse that charge, but it is a great tool for police officers to remove the subject when they are creating a hostile environment (many domestic situations that haven't crossed over the line yet or neighbors who WILL lead to a fight if someone isn't removed) and the need is there to remove the cause even though another more serious law hasn't been broke yet.
I can completely understand this. I'm not advocating that the law be removed from the books. I'm stating my opinion that this is an example of abuse of that law.
Seriously, ask yourself if you were a cop in that situation and a person was calling you a racist, talking about your mother and showing a complete and total disregard for your authority and then takes it into a public place and continues the behavior after telling him repeatedly to calm down or you would be arrested and the person continues, what would you do? Just turn around and leave? Show that the police don't have any authority to do their jobs? What message does that send to the community with all those people watching that you can treat the police like that?
I think it's really, really interesting that you say it like this. To answer your question, I believe that the police officer should remain polite regardless of the amount of verbal abuse he's taking. I believe that, as soon as he ID'd Gates, he should have thanked him for his time, apologized for the confusion and LEFT. The message to the community... I'm not sure I understand your point. It sounds like you're suggesting that Gates was arrested to send a message to the community. I can't understand how you think that might be just. To me, it speaks to insecurity and a lack of professionalism... sort of like Cartman of South Park saying, "You must respect my AUTHORITAH!" and slapping on the cuffs.
Just to set the record straight, I'm not apologizing or condoning Gates' behavior. I simply believe that the cop allowed the situation to escalate unnecessarily and ultimately abused his position by arresting someone for being a jerk.