38 Questions
Which of the following is NOT considered a breach of the peace?
Engaging in an affray
What is the definition of a breach of the peace?
Any violation of public order
Which of the following is true about breaches of the peace?
Acts of violence or disturbance of public tranquillity make up the majority of breaches of the peace
Which of the following acts is considered malum prohibita?
Driving an automobile while intoxicated
Which of the following acts is considered a breach of peace?
Selling dynamite caps to a 15-year old
Which of the following acts is not in its nature a breach of the peace?
Theft
What is the general rule of law for the arrest of misdemeanor offenses amounting to a breach of the peace?
A peace officer can arrest without a warrant if there is reasonable ground for supposing a breach of peace is about to be committed.
When can an officer make an arrest without a warrant?
After seeing a breach of the peace committed
When can a constable break open doors and arrest without a warrant?
When there is an affray or breach of the peace in his presence
Does impudent, abusive, or offensive language addressed to a peace officer tend to breach the peace?
No
When can an officer arrest to prevent a threatened breach of the peace?
When the facts show danger of a breach of the peace being immediately committed
When can an arrest for a breach of peace be made?
When the person's actions indicate a threatened breach of the peace
Can an arrest for a misdemeanor or breach of the peace be made solely based on information from another?
No, an arrest cannot be made solely based on information from another
What is required to arrest a person for a felony not witnessed by the officer?
Probable cause
When can a private citizen justify an arrest for a felony?
When they witness the felony being committed
According to American common law, can a person be required to show they have a 'visible means of support' or employment?
No, it is not a requirement under American common law.
When can an officer make an arrest for a breach of the peace without a warrant?
Only if the offense is committed in the officer's presence.
Can a private person or an officer arrest someone without a warrant for a misdemeanor committed on an occasion already passed?
No, they cannot arrest someone without a warrant for any past misdemeanor offense.
What is the principle behind the common law rule of arrests?
To prevent harm, violence, or disturbance to the public peace.
Which of the following is NOT considered a breach of the peace?
Wanton discharge of firearms in a public place
What is required to constitute a breach of the peace?
Acts of violence or tending to produce violence
What are some examples of breaches of the peace?
Breach of peace includes acts of public turbulence
Which of the following acts is considered malum prohibitum?
Selling dynamite caps to a 15-year old boy
Which of the following acts does NOT constitute a breach of the peace?
Littering
When can a constable arrest without a warrant for a misdemeanor offense?
When there is reasonable ground for supposing that a breach of peace is about to be committed
Which of the following acts is disruptive of the morals of society and constitutes a breach of the peace?
Walking in public naked or nearly naked
According to the common law, when can a citizen make an arrest for a felony without a warrant?
When they witness the felony being committed
What is required for an officer to justify an arrest for a felony not witnessed by them?
Reasonable cause to suspect the person apprehended
When can an officer make an arrest without a warrant?
When they witness the offense being committed
Can an officer make an arrest for a misdemeanor or breach of the peace based solely on information from another or suspicion?
No, an arrest for a misdemeanor or breach of the peace cannot be based solely on information or suspicion
According to American common law, can a private citizen arrest someone without a warrant for a misdemeanor that is not a breach of the peace?
No, a private citizen can never make an arrest for a misdemeanor
When can an officer arrest someone without a warrant for a breach of the peace?
Only if the breach of the peace has not yet ended
Under American common law, can a person be required to provide an account of themselves or show visible means of support?
No, it is a violation of their right to privacy
What is the general rule for arrest without a warrant for misdemeanors that do not amount to a breach of the peace?
An officer can arrest without a warrant if the misdemeanor is committed in their presence
Can an officer make an arrest for a breach of the peace without a warrant after leaving the scene and returning later?
No, an arrest made without a warrant after leaving the scene is invalid
When can a constable break open doors and make an arrest without a warrant?
When there is a felony or treason committed
Does public drunkenness alone justify an arrest without a warrant?
No, public drunkenness alone does not justify an arrest without a warrant
Does impudent, abusive, or offensive language addressed to a peace officer tend to breach the peace?
No, impudent, abusive, or offensive language addressed to a peace officer does not tend to breach the peace
Study Notes
Understanding Breach of the Peace
- A breach of the peace refers to a violation of public order that disrupts public tranquility or incites others to do so.
- Not every misdemeanor is considered a breach of the peace; it must involve violence or harm to a person, property, health, or morals.
- Acts such as affrays, assaults, riotous conduct, and destruction of property are common examples of a breach of the peace.
- Some states have tried to expand the definition of breach of peace to include all indictable misdemeanors, but this is not widely accepted.
- Types of breaches of the peace include public disturbances, acts of violence or incitement to violence, disruptive language or noises, and wanton discharge of firearms.
- The Supreme Court of North Carolina defines a breach of the peace as a public offense involving violence or causing immediate disturbance of public order.
- Acts that are only wrong because they are prohibited by a statute cannot be classified as a breach of the peace.
- Acts that constitute a breach of peace have been established through common law, and the legislature cannot declare any act to be a breach of peace at will.
- Certain offenses, such as liquor prohibition laws, traffic laws, and building codes, would not be considered breaches of the peace without a statute.
- Some actions that do not constitute breaches of the peace include parades, carrying concealed weapons, mere trespassing, and theft.
- Disorderly conduct is a broader term than breach of the peace, as not all acts of disorderly conduct are necessarily breaches of the peace.
- Breach of the peace is a common law offense, but it is not a specific offense in itself and must be specified in a charge or indictment.
Test your knowledge about breach of the peace, a legal concept referring to a violation of public order that disrupts public tranquility or incites others to do so. Explore the criteria, examples, and legal implications in this quiz.
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