Flag Arrest Incident: N.C. Flag Law Not Enforced Since Vietnam War Era

[G_j]

(update, a new thread because the original was turning into a flame fest)

http://www.citizen-times.com/apps/pbcs.dll/article?AID=200770726111

N.C. flag law rarely enforced
by Mike McWilliams
published July 27, 2007 12:15 am

Asheville – Charges against an Asheville couple mark the first use of a 90-year-old North Carolina law on desecration of the American flag since the Vietnam War era, a state court official said Thursday.

Even then, police used the law only two times. Back-to-back U.S. Supreme Court decisions since then make it unconstitutional, civil rights experts said.

“It hasn’t been used in so long, we don’t even keep a statistic on it,” said Dick Ellis, public information officer for the N.C. Administrative Office of the Courts in Raleigh.

A Buncombe County sheriff’s deputy acting on a complaint from a fellow National Guardsman issued the charge Wednesday at the Brevard Road home of Mark and Deborah Kuhn.
<more>

`````
http://www.citizen-times.com/apps/pbcs.dll/article?AID=200770725118

Flag-defiling charge ends in fight, arrests (updated with more audio)
Sheriff’s Office denies allegation deputy assaulted couple

by Mike McWilliams, [email protected]
updated July 26, 2007 11:26 am

ASHEVILLE — A couple who said they were protesting the state of the country by flying the U.S. flag upside down with signs pinned to it found themselves in jail following a scuffle with a deputy Wednesday morning.

Mark and Deborah Kuhn were arrested on two counts of assault on a government employee, resisting arrest and a rarely used charge, desecrating an American flag, all misdemeanors. The Kuhns were released from custody Wednesday afternoon.

“This is surreal,” Deborah Kuhn, 52, said moments after her son Mark Stidham paid $1,500 bond to get the couple out of jail.

Arrest reports show Buncombe County Sheriff’s deputy Brian Scarborough went to the Kuhns’ home on 68 Brevard Road about 8:45 a.m. Wednesday to investigate a complaint of an American flag on display after being desecrated.
..more..
``````````
Local TV story:
<snip>
"They say he hurt himself when he used his fist to smash through a pane of glass, after attempting to kick their door down. A neighbor says he saw the incident and agrees with the Kuhn's version of the story."
<snip>
tonight's update:
http://www.wlos.com/players/news/top_stories/video.shtml

[Kingshakabobo]

1. Recommended. n/t

[MidwestTransplant]

2. Can you be charged with "resisting arrest" for a crime that isn't a crime?

[Kingshakabobo]

5. Sure.

You can be charged with anything. I don't think it will stick since the cop made an illegal entry to the home......and then lied about being "assaulted" to justify his actions.

A witness corroborated the victim's account regarding the cop "kicking" the door before he broke the window.

edit to add: as a rule, you should comply with the police and work things out in court but these people retreated to their own home. With no serious crime or danger alleged the deputy should have moved to swear out aa warrant......if he really wanted to push this.
There was NO cause to break in to their home.

[G_j]

7. sure! for example, I've seen it

happen at demonstrations a few times.

[Squatch]

9. "No underlying crime"...sound familiar?

[depakid]

3. How to enforce an unconstitutional law?

I guess you have to ask "conservative" Southerners. They seem to do that with some frequency.

[mmonk]

4. Don't say era.

Makes me feel old.

[1620rock]

6. This is why we need to arm. The fascists are now resorting to

..home invasion. The minute that ....er broke down my door he would be a dead man. :mad:

[blogslut]

8. No thanks

I'll stay gun free, thank you.

[TahitiNut]

10. It makes me think of potato chips.

I already feel old. :silly:

[paparush]

11. The "scuffle" went like this- Deputy arrives at house with a citation.

Couple comes out to speak with him. Couple takes flag down, goes inside, closes door, leaving deputy standing on front porch. Deputy kicks door several times. Deputy breaks glass in front door, reaches in, unlocks it, enters the residence and arrests the couple, claiming they assulted him by slamming the door on him.

My co-worker lives across the street from this couple.

[G_j]

12. thank you. n/t

[Mayberry Machiavelli]

13. Here's another link on this story:

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