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If I recall, he was arrested on disorderly conduct, not burglary or breaking and entering.
The police officer had left the home. Gates followed him out and continued shouting at him. I personally do not believe he behaved stupidly. He answered a call from someone in the neighborhood. He learned that Gates did indeed live there. He did not escalate the situation, and in fact was leaving. Gates chose to follow him out and continue his rantings. Gates was warned about disturbing the peace and being disorderly and continued. So he got arrested and was not mistreated whatsoever. In fact, they went in and retrieved his cane (which I find funny that he was complaining about needing when he apparently didn't use it to follow the officer out of the house), and even made sure his house was secured by someone Gates new from Harvard whom Gates approved to do it and said he was comfortable with.
I don't understand what was stupid about it at all. The individual acting stupidly was Gates, shouting racism at the very sign of an officer trying to do his job after answering a burglary call. All Gates had to do was stay in his house until the officer left and stop verbally assaulting him , which wasn't even a problem until it went outside.
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