Understanding Breach of the Peace
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Questions and Answers

Which of the following is NOT considered a breach of the peace?

  • Uttering abusive language
  • Engaging in an affray (correct)
  • Yelling and hollering in public
  • Making disturbing noises on a public street while intoxicated

    • What is the definition of a breach of the peace?

  • Any wrongful or evil act by nature
  • Any violation of public order (correct)
  • Any violent act causing immediate disturbance of public order
  • Any act that tends to incite violence

    • 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 (correct)
  • Breaches of the peace always involve violence
  • Every misdemeanor is a breach of the peace
  • All indictable misdemeanors are considered breaches of the peace

    • Which of the following acts is considered malum prohibita?

    <p>Driving an automobile while intoxicated</p> Signup and view all the answers

    Which of the following acts is considered a breach of peace?

    <p>Selling dynamite caps to a 15-year old</p> Signup and view all the answers

    Which of the following acts is not in its nature a breach of the peace?

    <p>Theft</p> Signup and view all the answers

    What is the general rule of law for the arrest of misdemeanor offenses amounting to a breach of the peace?

    <p>A peace officer can arrest without a warrant if there is reasonable ground for supposing a breach of peace is about to be committed.</p> Signup and view all the answers

    When can an officer make an arrest without a warrant?

    <p>After seeing a breach of the peace committed</p> Signup and view all the answers

    When can a constable break open doors and arrest without a warrant?

    <p>When there is an affray or breach of the peace in his presence</p> Signup and view all the answers

    Does impudent, abusive, or offensive language addressed to a peace officer tend to breach the peace?

    <p>No</p> Signup and view all the answers

    When can an officer arrest to prevent a threatened breach of the peace?

    <p>When the facts show danger of a breach of the peace being immediately committed</p> Signup and view all the answers

    When can an arrest for a breach of peace be made?

    <p>When the person's actions indicate a threatened breach of the peace</p> Signup and view all the answers

    Can an arrest for a misdemeanor or breach of the peace be made solely based on information from another?

    <p>No, an arrest cannot be made solely based on information from another</p> Signup and view all the answers

    What is required to arrest a person for a felony not witnessed by the officer?

    <p>Probable cause</p> Signup and view all the answers

    When can a private citizen justify an arrest for a felony?

    <p>When they witness the felony being committed</p> Signup and view all the answers

    According to American common law, can a person be required to show they have a 'visible means of support' or employment?

    <p>No, it is not a requirement under American common law.</p> Signup and view all the answers

    When can an officer make an arrest for a breach of the peace without a warrant?

    <p>Only if the offense is committed in the officer's presence.</p> Signup and view all the answers

    Can a private person or an officer arrest someone without a warrant for a misdemeanor committed on an occasion already passed?

    <p>No, they cannot arrest someone without a warrant for any past misdemeanor offense.</p> Signup and view all the answers

    What is the principle behind the common law rule of arrests?

    <p>To prevent harm, violence, or disturbance to the public peace.</p> Signup and view all the answers

    Which of the following is NOT considered a breach of the peace?

    <p>Wanton discharge of firearms in a public place</p> Signup and view all the answers

    What is required to constitute a breach of the peace?

    <p>Acts of violence or tending to produce violence</p> Signup and view all the answers

    What are some examples of breaches of the peace?

    <p>Breach of peace includes acts of public turbulence</p> Signup and view all the answers

    Which of the following acts is considered malum prohibitum?

    <p>Selling dynamite caps to a 15-year old boy</p> Signup and view all the answers

    Which of the following acts does NOT constitute a breach of the peace?

    <p>Littering</p> Signup and view all the answers

    When can a constable arrest without a warrant for a misdemeanor offense?

    <p>When there is reasonable ground for supposing that a breach of peace is about to be committed</p> Signup and view all the answers

    Which of the following acts is disruptive of the morals of society and constitutes a breach of the peace?

    <p>Walking in public naked or nearly naked</p> Signup and view all the answers

    According to the common law, when can a citizen make an arrest for a felony without a warrant?

    <p>When they witness the felony being committed</p> Signup and view all the answers

    What is required for an officer to justify an arrest for a felony not witnessed by them?

    <p>Reasonable cause to suspect the person apprehended</p> Signup and view all the answers

    When can an officer make an arrest without a warrant?

    <p>When they witness the offense being committed</p> Signup and view all the answers

    Can an officer make an arrest for a misdemeanor or breach of the peace based solely on information from another or suspicion?

    <p>No, an arrest for a misdemeanor or breach of the peace cannot be based solely on information or suspicion</p> Signup and view all the answers

    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?

    <p>No, a private citizen can never make an arrest for a misdemeanor</p> Signup and view all the answers

    When can an officer arrest someone without a warrant for a breach of the peace?

    <p>Only if the breach of the peace has not yet ended</p> Signup and view all the answers

    Under American common law, can a person be required to provide an account of themselves or show visible means of support?

    <p>No, it is a violation of their right to privacy</p> Signup and view all the answers

    What is the general rule for arrest without a warrant for misdemeanors that do not amount to a breach of the peace?

    <p>An officer can arrest without a warrant if the misdemeanor is committed in their presence</p> Signup and view all the answers

    Can an officer make an arrest for a breach of the peace without a warrant after leaving the scene and returning later?

    <p>No, an arrest made without a warrant after leaving the scene is invalid</p> Signup and view all the answers

    When can a constable break open doors and make an arrest without a warrant?

    <p>When there is a felony or treason committed</p> Signup and view all the answers

    Does public drunkenness alone justify an arrest without a warrant?

    <p>No, public drunkenness alone does not justify an arrest without a warrant</p> Signup and view all the answers

    Does impudent, abusive, or offensive language addressed to a peace officer tend to breach the peace?

    <p>No, impudent, abusive, or offensive language addressed to a peace officer does not tend to breach the peace</p> Signup and view all the answers

    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.

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    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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