because however well intentioned, it's putting traffic safety second, starting with his own

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.02.html

810.02?Burglary.—
(1)(a)?For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.
(b)?For offenses committed after July 1, 2001, “burglary” means:
1.?Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2.?Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a.?Surreptitiously, with the intent to commit an offense therein;
b.?After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c.?To commit or attempt to commit a forcible felony, as defined in s. 776.08.
(2)?Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
(a)?Makes an assault or battery upon any person; or
(b)?Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
(c)?Enters an occupied or unoccupied dwelling or structure, and:
1.?Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or
2.?Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.
(3)?Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
(a)?Dwelling, and there is another person in the dwelling at the time the offender enters or remains;
(b)?Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;
(c)?Structure, and there is another person in the structure at the time the offender enters or remains;
(d)?Conveyance, and there is another person in the conveyance at the time the offender enters or remains;
(e)?Authorized emergency vehicle, as defined in s. 316.003; or
(f)?Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
(4)?Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
(a)?Structure, and there is not another person in the structure at the time the offender enters or remains; or
(b)?Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

Statutes are written to cover a lot of circumstances. Looking at the story here, just read the highlighted words below:

810.02?Burglary.—
(1)(a)?For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.
(b)?For offenses committed after July 1, 2001, “burglary” means:
1.?Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2.?Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a.?Surreptitiously, with the intent to commit an offense therein;
b.?After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c.?To commit or attempt to commit a forcible felony, as defined in s. 776.08.
(2)?Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
(a)?Makes an assault or battery upon any person; or

Okay?

He got onto a truck in order to steal a flag (Entering a conveyance with the intent to commit an offense), and he hit someone (battery).

That is what those things add up to under the relevant Florida law.

apparently per this statute, entering a vehicle "with the intent to commit an offense therein" is enough to qualify as "burglary".

this is much more broad than the stealing implication that most people think of when they hear the word "burglary". *any offense* you intend to commit after entering a vehicle (or dwelling, etc.) is enough to make it burglary.

so i guess it's enough that the fist entered the vehicle, intending to commit battery.

In general, burglary has always been an unauthorized entry with the intent to commit a crime.

Because we are usually talking about houses, and the crime is usually theft, most people don't understand the distinction.

But, no, getting onto the truck to steal the flag was apparently the entry to a conveyance to commit an offense.

it was one of the owners of the flag who got charged with burglary & battery. the guy who objected to the flag apparently never got out of his car. words were exchanged and eventually the flag-owners got out and attacked the guy who objected to the flag.

or perhaps stealing something from inside a car.

the article makes the battery part clear but not the burglary part. maybe they took something from the victim.

is throwing me.

He got onto the truck to steal the flag.

"of a conveyance" = a vehicle, motorized or otherwise

"with battery" = he unlawfully put his hands on another person

If he wanted to jump into the backseat in order to sign a fraudulent tax return, that would be sufficient.

A guy in his '20's riding his bicycle, with a confederate flag flying behind him.

I fought off my first urge to swerve.

Wow.

I know, right?

you chose to take the high road and not do anything about the vile, vicious racist piece of shit

road rage starts creeping into me.

Those displaying it are gigging for trouble...they are itching for a fight and will take the smallest incident to get one started.

I'm afraid to even look at anyone in a vehicle anymore.

Three hundred million guns in America. Enough so that every last American can shoot each other.

because when someone does, they endanger the lives of everyone around them

I drive Loop 1604 in San Antonio, Texas every day and there is one guy who I've seen twice this month already who has a gigantic confederate flag flying in the back of his truck. I posted about this earlier on DU.

While it is his right to do it (unfortunately), the question really is: Is it advisable that he do it? The answer, of course, is no. My concern is that he's hoping to bait someone into a confrontation. Looking for a fight, etc. Why else would someone do that at this point in our country's history???!!!

Anyone in close proximity to that idiot will be put into jeopardy.

Violent hecklers do not get to decide what the rest of us are or are not allowed to say.

The Confederate rebellion was absolutely illegitimate. It was treason of the highest order but that doesn't give someone else the right to trespass into personal space to steal/destroy private property. That the rebellion is unsympathetic has no bearing on that fact.

To claim flying the rebel flag was "provocative" has no bearing on this fact, as well. Those feeling "provoked" (really just a cheap excuse for violence and vandalism) have a duty to govern themselves.

Why?

Because to make any other argument is to tell those who would claim to feel "provoked" by -- say -- the rainbow equality flag that they too have license to act on their urges towards violence and vandalism.

But you know there's going to be one idiot somewhere, sometime who will be aggressive. And it only takes one.

We live in an unstable and violent world. There's no need for anyone to go above and beyond to try to provoke a reaction, and I sincerely feel that the person in the truck flying the flag, although he is committing no crime, is asking for trouble.

The question becomes (as stated in my earlier post) whether or not it is a wise thing that he fly the flag. No one should have a license to act on their urges regarding hatred of seeing the confederate flag or any flag for that matter, but my bet is that it's going to happen sooner or later.

I don't want to be caught in the crossfire when it does occur. I don't want any other innocent bystander to be caught in that crossfire either.

"A" solution rather than "the" solution. As would not not baiting anyone anyone by displaying be "a" solution also. Let's try not to pretend every problem is limited to merely one solution... regardless of our biases.

if the problem is someone invading personal space to conduct aggressive acts of theft and vandalism the solution would be: don't invade personal space to conduct aggressive acts of theft and vandalism.

Mr. Arroyo simply looked at the flag being flown from the truck, which prompted a very confrontational first contact from the driver and his passenger. It doesn't sound like looking at something that's being put on as a deliberately provocative display to be looked at is to "actively climb into their personal space," but what do I know? Arroyo could have put some liberal cootie eye prints on these fellows' precious flag, necessitating the violent response.

This must have been quite a scene. It's hard to process the hatred of these confederate flag bearers.

Drivers are unfamiliar with the roadway. They aren't always sure of where they are or where they are going. If you are behind one you can expect them to hit the brakes or change lanes quickly at any moment. It makes it a lot more interesting when it's raining, as is often the case this time of year. The roads are slippery and drivers can't see the exit sign until they are right up on them.

have never read a history book

reading would imply they had an education......

Carry me back to Dixie with weapons of mass destruction.

who used to say that a large number of people can quote sections of the bible because it was the only book in their homes.

K, now I got that out in the open, shit happens when you instigate/flaunt some mess.

Be prepared when deliberate tone deafness to the world around you is your thing.

It's none of my business what anyone has on their car, no more than it is their business for what I might have on mine.

Calling people out while on the road is just unsafe. Period.

never trust a man with the middle name of Wayne or Ray...

This story is exactly why I don't even look at some people in other vehicles. Too many people with, um, issues out there. Racist and otherwise.