Also known as: breaches the peace · breached the peace · breaching the peace · breach of the peace · disturbing the peace · breach of peace
Written by attorneys — see sources below.
A public offense done by violence or one causing or likely to cause an immediate disturbance of public order.
Esme burns an American flag during a quiet demonstration at the entrance to a federal preserve. No crowd gathers, no threats are made, and no violence erupts. Because the conduct produces no imminent disturbance of public order, it does not constitute a breach of the peace.
Dean offers Charles cash to start a physical fight with Marshall inside the VIP area so that security will eject the critic. The proposed assault is conduct that would breach the peace. The solicitation therefore satisfies the common-law misdemeanor element.
A secured creditor's agent removes a vehicle from a debtor's driveway at night while the debtor is asleep. No words are exchanged and no force is used. The absence of any immediate risk of violence means the repossession occurs without a breach of the peace.
Margarita Fuentes, a Florida resident, purchased a gas stove and a stereophonic phonograph from the Firestone Tire and Rubber Company under conditional sales contracts calling for monthly payments over time, with Firestone retaining title until full payment. After making payments for more than a year, about two hundred dollars remained due. A dispute developed between Fuentes and Firestone over servicing of the stove. Firestone then instituted an action in small claims court for repossession. It obtained a writ of replevin from the court clerk by submitting form documents and posting a bond in double the value of the property. A deputy sheriff and Firestone agent seized the stove and stereo from Fuentes's home the same day. Fuentes subsequently brought an action in federal district court challenging the constitutionality of the Florida prejudgment replevin procedures. A three-judge district court was convened and upheld the statute. In the consolidated Pennsylvania case, several residents purchased household goods such as beds, tables, and other items under similar installment contracts. After claimed defaults, sellers obtained writs of replevin from a prothonotary upon ex parte applications and posting of bonds. County sheriffs seized the goods from the buyers' homes without prior notice. This included one instance where a former deputy sheriff obtained a writ for his son's clothes, furniture, and toys. The Pennsylvania appellants filed suit in federal district court, where a three-judge court upheld the statute. The Supreme Court noted probable jurisdiction of the appeals from both district court decisions.
View caseA public offense done by violence or one causing or likely to cause an immediate disturbance of public order meets the definition. Courts apply this standard to evaluate both criminal liability and the limits of self-help remedies.
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Flag burning as political expression is protected absent an imminent breach of the peace or another compelling non-speech interest. A regulation aimed at suppressing the communicative impact of the act is unconstitutional.
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Solicitation is a misdemeanor when a person solicits another to engage in conduct that would breach the peace. The offense is complete upon the incitement with specific intent that the solicited person commit the breach-of-the-peace act.
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A secured party may repossess without judicial process only if the repossession can be accomplished without breach of the peace. Conduct that tends to provoke violence or causes an immediate public disturbance violates the limitation.
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