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The latest FAQ indicates that you cannot use a magical item when fleeing:

Q: Can a fleeing model dispel spells or use magic items? (p24)
A: No.
- WHFB FAQ v1.2 (29 September 2010)

This got me to thinking, if a unit has a magical banner (or other non-wielded item) that changes their movement characteristic or grants a special rule are they using it, i.e. is it an activate power; if so they would use their normal profile and rules when fleeing but could choose not to use it in other circumstances. Alternatively, if it is always active, i.e. it does not need to be activated in any way, they will get it when fleeing but will always use it even when you might not want them to so do.

I have always seen these items (for instance, not affected by the "requires two hands rule", not boosting spell casting) as conferring the changes without stupidity, fleeing, &c. making a difference. however, it could be read differently.
 
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