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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 ^

Posted on 07/27/2007 10:36:59 PM PDT by NOOBIE

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

Thank you. Finally.
This thread was racing off into moonbat heaven.

21 posted on 07/28/2007 12:44:46 AM PDT by JoeSixPack1
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To: JoeSixPack1
I’m not so sure if that’s entirely correct. If they took the flag down, wouldn't’t that constitute compliance with the law? Again, just to be clear, I think that couple are complete loons. I can’t stand people like that. But, if I am, for whatever reason, violating the law in regards to the Flag,and I take it down, I don’t think I need to show anyone my id, or even continue having any kind of contact with them. if they want to come back with a warrant, well, that’s another story, but, just kicking in doors and breaking in windows without a warrant, just because one doesn't’t show their proper id at on their own property, especially after they have complied with the law...that’s un-American. Note, I didn’t say Anti-American, I said un-American. Think it through.
22 posted on 07/28/2007 12:54:49 AM PDT by The Bass Player (" I can't think of anything witty, yet,,,but, when I do, I'll let y'all know":))
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To: NOOBIE

Yeah, those cops are really beating the hell out of that guy. Obviously excessive force and police brutality.


23 posted on 07/28/2007 1:03:15 AM PDT by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
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To: jmcenanly

Inverted national flags are no longer commonly used as distress signals. It is difficult or impossible to determine when the flags of many countries (such as the United Kingdom or Argentina) are inverted, or the viewer may not be familiar with the flag and may not realise it is not upright. If a national flag is all that is available, distress may be indicated by tying a knot in it, making it into a wheft

http://en.wikipedia.org/wiki/Distress_signal


24 posted on 07/28/2007 1:31:10 AM PDT by NOOBIE
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To: Pontiac
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.

They were not being arrested at that point, so I don't think resisting applies.

Were they suspected of a felony? It is my understanding that warantless entries are only authorized in acute emergencies (hostages, shootings, etc.), and in pursuit of a fleeing felony suspect.

25 posted on 07/28/2007 1:43:43 AM PDT by Ken H
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To: Thunder90

This post is in response to those who served in the military and defend the actions of the police in this instance. I served and I am now an attorney. I understand the pride in our country and the freedom for which it stands. I understand that the flag has more meaning to us than many civilians will understand. I understand that you find this form of protest to be distasteful. I am deeply troubled by the direction in which this administration has taken this country but I still shake my head at those who protest in this fashion. It would not be my choice but I would happily lay down my life to protect their right to offend me and still be free from police invasion of their home. I say this assuming that the facts are true as described. PLEASE remember that the sacred freedoms you defend include the freedom to protest and even the freedom to desecrate the flag. PLEASE remember that you swore an oath to the Constitution of the United States, not the President or the flag. American blood has never been spilled to protect the piece of fabric. It was always spilled to protect the freedom represented by the flag. Countries like China, Iraq, Nazi Germany and the former U.S.S.R. had laws against flag desecration and protest against the government. Do we really want to be counted among those nations. That is what you advocate when you cheer these sorts of laws and cheer the police for enforcing them with such blind zeal. Take a moment and think about the freedom to speak your mind that you enjoy and remember that the price you pay for that is having to tolerate the offensive statements of those you despise. We served, fought and spilled blood to protect exactly this freedom. Be offended if you like but I think of it as a show of gratitude for my service.


26 posted on 07/28/2007 2:21:34 AM PDT by NOOBIE
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To: Ken H
They were not being arrested at that point, so I don't think resisting applies.

They do not have to be under arrest. They were in the process. The LEO was in the middle of Q and A. The LEO was in the process of deciding whether arrest was the appropriate course of action.

The article states that it is a misdemeanor to desecrate or trample a U.S. or North Carolina flag this makes them subject to arrest.

At the point where they refused to provide proper identification to the LEO they were subject to arrest. (I suspect had these people provided the LEO with the requested ID the officer would have checked them for prior arrest and let it go at that).

Once they fled the LEO they may have committed a felony I don’t know N. Carolina statues.

If you wish to have a life altering experience Flee an Arresting LEO.

27 posted on 07/28/2007 2:24:38 AM PDT by Pontiac (Patriotism is the natural consequence of having a free mind in a free society.)
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To: gondramB

It is my understanding that if an officer asks you to identify yourself, you must do so. I believe it to be a legal order.

Kuhn refused. He was stupid. You can go to jail for that.


28 posted on 07/28/2007 2:32:10 AM PDT by Beckwith (dhimmicrats and the liberal media have chosen sides -- Islamofascism)
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To: NOOBIE
Countries like China, Iraq, Nazi Germany and the former U.S.S.R. had laws against flag desecration and protest against the government. Do we really want to be counted among those nations. That is what you advocate when you cheer these sorts of laws and cheer the police for enforcing them with such blind zeal.

Don’t lump me in this lot.

I will however defend LEOs doing their jobs.

These people were unnecessarily offensive to this LEO and as I said in my post #18; in most states (perhaps all) if a LEO investigating a crime asks for your ID you are required to produce it.

I personally agree that desecration of the flag should not be against the law. It is however in very poor taste and I would never be associated with some one doing it.

I believe that these LEOs performed their duty correctly (if the details of this article are correct).

Had the home based protestors simply complied with the request for ID that most likely would have been the end of the encounter or at most the officer would have returned to his car to check them for prior arrest.

In my opinion the home owners chose to turn the encounter offensive.

29 posted on 07/28/2007 2:49:51 AM PDT by Pontiac (Patriotism is the natural consequence of having a free mind in a free society.)
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To: Pontiac
They do not have to be under arrest. They were in the process. The LEO was in the middle of Q and A. The LEO was in the process of deciding whether arrest was the appropriate course of action.

I'm not a lawyer, but it seems to me you would have to be in the process of being arrested, not in the process of being questioned, to be charged with resistance. Say a LEO asks you on the street to break out some ID, and you take off running. That is certainly fleeing, but is it resisting arrest?

The article states that it is a misdemeanor to desecrate or trample a U.S. or North Carolina flag this makes them subject to arrest.

Which means they were not fleeing felony suspects for the original alleged crime.

At the point where they refused to provide proper identification to the LEO they were subject to arrest.

I don't dispute that, but I think we agree they were in the process of being questioned, not arrested.

Once they fled the LEO they may have committed a felony I don't know N. Carolina statues.

I don't know either. Let me ask this, if a LEO is on your property without a warrant, and you are not suspected of a felony, does the LEO have to leave if asked?

30 posted on 07/28/2007 3:46:26 AM PDT by Ken H
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To: gondramB

They would not identify themselves. Enough.


31 posted on 07/28/2007 4:22:24 AM PDT by Safetgiver (So simple, even a Muslim can do it.)
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To: NOOBIE

“...Then, she said, Scarborough “started talking arrest, so we took the flag down. 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.”

There, the accounts diverge. According to Deborah Kuhn, Scarborough “tried to force the door, but we got it closed and locked it with the deadbolt. He then kicked it, punched the glass out, unlocked our door and came after us.” ...”

For that, I shoot the deputy.
The witness bears out the victims story.

The question for the mentally challenged around here, is not whether or not someone is a drooling bushbot or maybe they hate the man, but;

Who owns the flag?
Does the government own the flag?

If not, then people can do as they wish with it whether you like it or not.

When the jackboots break down your door, the correct response is to kill them.


32 posted on 07/28/2007 4:27:16 AM PDT by the gillman@blacklagoon.com (What would Beowulf do?)
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To: Pontiac
Your papers please.

I do not like the folks with the flag, and I find myself hating the Gestapo tactics even more. These are the same type of scumbag cops who drive around in unmarked radar cars. They want to be secrete police.

Your papers please, indeed.

I know the supporters of the Gestapo tactics will say, if you do nothing wrong, you have nothing to fear from them. Baloney they will get the quota one way or another. I do hate the Gestapo in their hidden cars. I do not have a problem with real cops out solving crimes and helping people.

Your papers please, sheesh.

33 posted on 07/28/2007 4:27:39 AM PDT by Mark was here (Hard work never killed anyone, but why take the chance?)
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To: gondramB

Some of the above posters probably cheered as Mt Carmel burned, with the children inside.


34 posted on 07/28/2007 4:28:32 AM PDT by the gillman@blacklagoon.com (What would Beowulf do?)
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To: JoeSixPack1

How is closing the door to your home fleeing?


35 posted on 07/28/2007 4:30:27 AM PDT by the gillman@blacklagoon.com (What would Beowulf do?)
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To: pepsionice

I hate to say it, but this POS will most likely get a windfall out of this. The insurance company for the county will settle.

From what I hear, Asheville has turned into a hilbilly San Francisco anyway.


36 posted on 07/28/2007 4:31:01 AM PDT by GadareneDemoniac
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To: Ken H

“...I don’t know either. Let me ask this, if a LEO is on your property without a warrant, and you are not suspected of a felony, does the LEO have to leave if asked?...”

In the formerly free Republic of the United States of America they did.


37 posted on 07/28/2007 4:32:33 AM PDT by the gillman@blacklagoon.com (What would Beowulf do?)
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To: Mark was here

There have been many cases in the news where liberal communities have sent the goons to force homeowners and business owners to take down their correctly displayed American flags.

Were the posters here cheering that as well?

If rights don’t stand for those you disagree with then they don’t stand for you.


38 posted on 07/28/2007 4:35:18 AM PDT by the gillman@blacklagoon.com (What would Beowulf do?)
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To: the gillman@blacklagoon.com
If rights don’t stand for those you disagree with then they don’t stand for you.

You have got that right.

If they showed up at my door, demanding to see my papers, I would show them my tax bill, where I am paying their union wages.

39 posted on 07/28/2007 4:49:11 AM PDT by Mark was here (Hard work never killed anyone, but why take the chance?)
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To: P-40

It was.


40 posted on 07/28/2007 4:59:28 AM PDT by sport
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