Originally Posted by 03USMC

Agree. I do have discreation but there are times such as in this scenerio that no matter how much I agree with the action the law has to enforced with an eye to the totality of the circumstance.

If you shot a bank robber here. You wouldn't go in cuffs. You'd be investigated and interviewed and probably be cut loose with a job offer provided the shoot was clean. The DV issue. were it me you and your wife would go.

I agree with your other sentiments. Like I said I look at this scenerio and see a laundry list of headaches I'd rathar not deal with.

Yeah, the DV example was poor, at best.

My ex (Camy) is a cop, so naturally most of our friends were officers in one regard or another: I know guys from ICE to patrol to detention officers (which is what Camy is). Some were some of the finest men and women I have ever had the pleasure of knowing. Others were beaten up in high school and now have a superiority complex and want to lord their new power over us peasants (Camy). Just like in the Army, the few bad apples give the tree tainted fruit.

Unfortunately, I haven't many good things to say about officers, as my interaction with them has been primarily negative. And that really is a shame because, again, like the service, it is an honorable profession. Those I do respect in the field of LE I speak about with the highest regard.

I do understand the purpose behind mandatory arrest laws. I know y'all have a tough job with tough decisions, and it sucks that you could cut someone some slack just one time and turn around and be sued/fired for it. In that you and I will never disagree. I don't blame y'all, the officers - I blame the policy makers and the politicians for making our justice system such a farce that normal citizens such as myself have lost all faith in it.

I have a few stories of my own to share, though I'll not detract from this thread any further than what I have already so rudely done. Suffice it to say that I have been both looking in and looking out from the cells. When you've seen both sides, you get a unique perspective. I was never law enforcement, but again, my life has generally been filled with those who are - I've caught more than the casual glimpse into the world you live in.

All I can really say is that I do not envy your position. Had dude cut the flag down in front of me, I'd have probably been fired for refusing to arrest him. PROBABLY. But that's the folly of the mandatory arrest laws: While they keep justice even for all regardless of personal opinion, they remove officer discretion to know when a situation warrants custody and when it doesn't. And even with the bad dealings I've had with individual officers, I still trust y'all way more than I do the judges and policy makers that shape the laws you must enforce. At least y'all have a shred of humanity left.

I hope to talk with you more in the future. You seem like good people.

Keep your head down and remember: Complacency is a killer. Don't get comfortable out there, brother. Watch your six. Go home after your shift, knowing that you showed respect to those entrusted to your charge (us).

And thank you for your service! Both in the military and as an officer. You watch your back out there, man.

Like I said. We all might as well get earpieces that tell us what to do.

"As far as I'm concerned he did the right thing. He fixed a problem, didn't hurt anybody, and restored some dignity to the scene."

Agreed. This man did the right thing, but honestly im shocked that he wasn't punished in some stupid way. Im happy for this man and his victory.

Reno television station KRNV, which was there to document Jim Broussard's act of defiance, noted the U.S. code prohibits raising the flag of any other nations above Old Glory.

It implies they were there to specifically watch this guy perform this act. But when you read on:

KRNV said it sent a cameraman to the scene after a viewer called to say "a business near downtown Reno was flying a Mexican flag above an American flag ... which is, in fact, illegal."

then:

Broussard said he had no idea a TV camera would be there until he arrived on the scene.

Was it the Mr Broussard that called the TV Station? His statement implies he didn't.

Also note:

Later, Broussard, told nationally syndicated talk-radio host Mike Gallagher he took action after hearing on a local talk station that the flags had been flying all day.

Implies to me that it was indeed a spur of the moment thing.

Broussard, pointing out the bar was committing a federal offense, said local authorities weren't sure what to do about it.

Implies to me he did call the authorities to perhaps try to resolve this issue.


On reading many of the repsonses here it seems the article is written in such a way to lead people to believe a sequence of events happened in a certain way when it probably didn't. Unless this is several articles pasted from different sites I would have to say that is what happened.

You have to love truth in journalism.

On to my opinion: I saw this on the news not long ago. I agree there was a different way to handle this. I personally would force LEO to take some kind of action or show me the law where it said they couldn't. I would make this something along the lines of a personal crusade and make dang sure America was well aware of what was going on. I know most (it seems to me) Americans are patriotic. Some of them just have to see something like this to show their patriotism.

Originally Posted by Marinerhodes

On to my opinion: I saw this on the news not long ago. I agree there was a different way to handle this. I personally would force LEO to take some kind of action or show me the law where it said they couldn't. I would make this something along the lines of a personal crusade and make dang sure America was well aware of what was going on. I know most (it seems to me) Americans are patriotic. Some of them just have to see something like this to show their patriotism.

Sorry but you couldn't Force an LEO to do anything he is not statutorly authorized to do. For various reasons.

1. Any action he takes on duty is performed under color of law. If he performs an action that he is not authorized under statute then he/she is criminally and civilly liable for that action.

2. The action you may want taken if not authorized under statute would result in the entire case being "The fruit of the poisonous tree" when/if federal LE became involved. Thus making the case unprosecutable.

Showing you something in writing is not generally an on scene option as no LEO I know carrys a set of statute books with him. Most you get was that the offenses did not appear in his copy of the State/County/Municipal Charge code's and was thus a non-enforceable (for him) violation. And probably refered to the USAGO in your area.

Okay so I've researched this.

According to Chapter 1, USC, Section 4 US Flag Code.

There are no criminal penalties for improper handling or display of the United States Flag.

Title 18 of the US Code provided Criminal Penalties until it was struck down in 1989 as a result of Johnson v Texas when Criminal penalties were deemed unconstitutional by the US Supreme Court.

Title 18 was followed by the amended statute of The Flag Protection Act with contained criminal penalties. This statute was struck down by the Supreme Court in 1990 as a result of United States v Eichman.

At current time there are no statutes on the books in United States Code that provide for criminal penalties. So the display of the Mexican Flag above the United States Flag while technically a violation is not enforceable by eithier Local or State LE or Federal LE. Unless the State, County or City has their own law on display of the flag.

So basically the only arrestable subject is the guy who cut down the flag, and apparently need to research USC a bit more.