Flagged down: Activists arrested in row over protest flag, allege abuse by Buncombe deputy

http://www.mountainx.com/news/2007/flagged_down_activists_arrested_in_row_over_protest_flag_allege_abuse_by_bu ^

[NOOBIE]

[jmcenanly]

I assume there are laws against sending false distress signals. The protestors should be treated like someone who has just called in a false fire report, and charged with the expense of sending over the officers.

[P-40]

The 1st, 4th and 5th Amendments were clearly broken today.”

Their clarity is amazing. You'd almost think the whole thing was a setup.

[gondramB]

>>The sheriff’s office report states that “the man [Mark Kuhn] refused to identify himself and slammed the door on the officer’s hand, breaking the glass pane out of the door and cutting the officer’s hand.”<<

On the surface it does not sound like the deputy had cause to be forcing his way into the home in the first place.

[rlmorel]

To quote Eddie Murphy: "Officer, may I suggest you use your nightstick?"

Scumbags, all. I am sick and tired of these people.

[BigCinBigD]

May God bless the person who reported these scum.

[Thunder90]

They should have sent in the SWAT team and smoked them out with tear gas and pepperballs.

[pepsionice]

The amusing thing here...is that this idiot arrested will bring a civil suit up....with some lawyers involved...to discover that his case isn’t winnable but he will have to pay well over $50k to discover this. Whatever point he wanted to make....is totally lost when you shell out $50k of your personal fortune.

[gondramB]

>>They should have sent in the SWAT team and smoked them out with tear gas and pepperballs.<<

You really should have a crime first before you do that.

This was their flag and they were making apolitical statement.

That is was a political I don’t agree with doesn’t change that the supreme court has been really clear on this. The cop was wrong to come into their house without permission.

[KentTrappedInLiberalSeattle]

"We did this because the country is in distress and we don’t know what to do.”

[Theresawithanh]

...and then the Kuhns were taken to the nearest WalMart detention center and forced to wear panties on their heads...

I’ll bet these two posted their “We’re so sorry” pictures on the internet after President Bush was re-elected.

[LeoWindhorse]

I wish to take the probably unpopular view that :
No police officer should ever enter a private home without the issuance of a search warrant .
These people will win big in court on this matter .
The PD will end up paying a sizable settlement award ,
and the officer involved will be let go .

[gondramB]

>>I wish to take the probably unpopular view that :
No police officer should ever enter a private home without the issuance of a search warrant .
These people will win big in court on this matter .
The PD will end up paying a sizable settlement award ,
and the officer involved will be let go .<<

I almost agree except there are occasions of hot pursuit of felons and circumstances where life in endanger.

In this case, even if the cop had a case, which he sounds like he did not, he could have waited for a warrant.

This is a bad cop, if the story is accurate.

I remember a test case where a prostitute hid money inside herself. The cops forcibly searched her instead of waiting for a warrant and the judge threw the case out because there had been no need to proceed without a warrant as “the money would not have dissolved.”

[tet68]

I especially liked the “green paranoia” the only thing missing was black helocopters.

[Ken H]

Their clarity is amazing. You'd almost think the whole thing was a setup.

Yeah, they had set this up with their next door neighbor ahead of time, anticipating what rights the APD officer would violate. < /s>

The officer should count himself lucky the couple wasn't into exercising their Second Amendment rights.

[Ken H]

Correction - should be Buncombe deputy, not APD officer.

[Ken H]

I agree. In any case, I thought flag desecration laws were made null by the Supreme Court flag burning decision - in which Scalia concurred.

[Pontiac]

After knocking on the door, the couple answered it and, after being shown the statute, said they complied and took the flag down. Scarborough then asked for their identification.

He kept wanting to see our ID. We refused. We said, ‘Why should we show you our ID — are you arresting us?’; so we walked back into the house and closed the door.”

In most states (perhaps all) if a LEO investigating a crime asks for your ID you are required to produce it.

When the Kuhns retreated in to there home and locked the door it constituted fleeing and resisting arrest.

[LeoWindhorse]

let me be real clear: I HATE flag desecration....

Too many good Americans have died for that flag
for it to ever be treated disrespectfully by anyone
for any reason .
I understand the officers rage . He is probably a vet.

But when you wear the uniform of the PD , you have to play
by the rules of law ,and cannot make up the rules as you
go along.
These kind of no warrant search/entries, and no-knock warrants
are both unConstitutional and dangerous.
If they are to properly enforce our laws ,they must
apply the enforcement properly.
Otherwise the people will cease to respect the laws as well
as the law officer.

[The Bass Player]

Wow. This has me torn. I’ve got very strong feelings on both sides. On one hand this couple are nothing more than a bunch of brainwashed nutjobs. Last time I checked, this country is NOT in distress. And I completely disagree with any reason they think they have to do what they did. They sound like nothing more than a bunch of losers, and then some. Having said that, anyone who tries to kick in my door, or break my windows without a warrant, had better be ready to use a taser or shoot me. Because I will do my very best to make sure they end up seeking serious medical treatment, or their family can seek the local funeral directer. I’m a law abiding man, and I’m also a conservative, so I doubt that I’d ever do anything to invite any kind of hassle like this. I can see and also understand why someone should keep an eye on someone screwing with the Flag like this. I can also see and understand why the letter of the law should also be followed. I dunno, I wasn’t there, and this is gonna be an interesting decision, imo. Again, this is touchy, anyone who desecrates the Flag like that is a foolish moron.
I’d feel bad for anyone trying to kick in my door or break my windows without a warrant. Chances are, I’ll be the one walking away. God Bless America and her troops. The libs and Dems can all go and join the enemy in Hell, for all I care.