Ever arresting someone for burning the flag?

[USNusp9]

I was just wondering if anyone actually had the balls to arrest someone for this. I was unaware until recently, that it is indeed a federal crime (misdemeanor). If anyone doubts me please refer to the statute below. Although the Supreme Court has ruled that without a constitutional amendment, this law is unconstitutional, it still remains on the books.

US Code Title 18, Chap 33, Section 700

700. Desecration of the flag of the United States; penalties
Release date: 2004-08-06

(a)
(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.
(2) This subsection does not prohibit any conduct consisting of the disposal of a flag when it has become worn or soiled.
(b) As used in this section, the term “flag of the United States” means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed.
(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section.
(d)
(1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).
(2) The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal and advance on the docket and expedite to the greatest extent possible.

[hscop]

That is a federal law, not a state law. Us California Peace Officers cannot arrest for it.

[USNusp9]

Please note that I mean ever arrested someone, rather than ever arresting.

[samseed101]

I'm not federal so I can't arrest for it.

[samseed101]

As a side note.. the law may still exist, but that doesn't mean that it will hold up if / when it goes to trial.

[mcsap]

In PA , it is agains the law to INSULT the flag much less burn it. I havn't had the occasion to arrest someone and wouldn't do so without clearance from the DA.

[TPDHellhound]

As irritating as that is... I agree with Samseed, law will be found unconstitutional.

[Johninaustin]

I HAVE arrested someone for defacing a statue of Robert E. Lee, never ran across someone stupid enough to burn a flag. Around here that would qualify as protective custody.:D

[K-9MALY]

Our upper management has clipped balls, despite being Federal and this being a Federal law we would unlikely enforce it.
I had a Mexican come across from Juarez once with a sticker on his window of Calvin and Hobbes pissing on the letters U.S.A
I went ballistic and referred him into our secondary lot. A crowd of Inspectors gathered and the dude wanted to scrape the sticker and still come in a do his shopping and general U.S. gouging like they do. We had other plans for him. We disassembled large parts of the vehicle in a border search looking for contraband that may be present. Never found any, but that wasn't really the intent. Even though we have to eat a lot of crap on a daily basis from the traveling public, when we chose to enforce our authority, it is pretty powerful and broad. No PC needed to search vehicles or accompanying goods. We can tear a car apart to its structure, but not be required to assemble it. We are not certified mechanics. That is what Tort claims are for, which are payable by the government for damages. All in all, this *** really was one that pushed our limits, especially post 9/11.

[scott715us]

TN 39-17-311 Desecration of a venerated object (A Misdemeanor)

(a) A person commits an offense who intentionally desecrates:

1) A place of worship or burial
2) A state or national flag.


Never had to deal with either of these charges at an airport. I think that would be one of the worst places to conduct a flag burning. ;)

[retdetsgt]

I HAVE arrested someone for defacing a statue of Robert E. Lee, never ran across someone stupid enough to burn a flag. Around here that would qualify as protective custody.:D

Anybody ever arrested for defacing that statue of Stevie Ray Vaugh you guys have?

I think the Buddy Holly statue in Lubbock is a venerated shrine of some kind too.

[Joeyd6]

In NY, it has been upheld by the State Supreme Court, you have the right to burn the American Flag. I am digging for the case law. We had questions on this issue as we approached the Republican National Convention this past August. After meetings between the NYC DA's Office, NYPD and NY Attorney General, we were told the following:
"If you observe any person lighting any flag, US, NY State, City or Departmental Flag, you must arrest the individual after ensuring public safety from the fire. You are to charge them with New Yourk City Administration Code: Open flame in public without a permit or license."

And thus, we had a way around it. And during such, I observed a guy at Ground Zero Protesting. I was in a bicycle squad and we saw him light the American Flag. It took less than 2 minutes to get him in cuffs and stop the flag from burning. He was yelling and screaming about his rights and the laws, etc..... He was speechless when he found out teh NYC Admin Code about no open flames in the city and was stumped how he was going to get beat it. One *** in jail. That was the only one I observed, though a few of my co-workers assigned elsewhere saw the same!

[Johninaustin]

Anybody ever arrested for defacing that statue of Stevie Ray Vaugh you guys have?

I think the Buddy Holly statue in Lubbock is a venerated shrine of some kind too.

No, but I have arrested a lot of drunks and stoners crying on it.:D

[retdetsgt]

You couldn't charge anyone in Oregon for it either. Way too liberal out here.

[thelemite]

If I recall correctly we can not or do not arrest for that... HOWEVER we can hit them for an administrative code violation having to do with unauthorized fire, plus creating a hazardous condition, and a few other things which would vary based on the specifics of the act.