Anonymous ID: a31aa1 June 12, 2020, 8:19 a.m. No.9586545   🗄️.is 🔗kun

Do any lawfags agree that what the protestors in Seattle are doing constitutes a breach of peace? It seems to me that this is disturbing everybody's peace. I know Washington is open carry so what is stopping conservatives from going into Seattle and running these people off? I'm not talking about shooting anybody I am just asking if they could go in there and send all these assholes home?

 

When Can a Private Citizen Arrest Someone?

 

A person can arrest someone that they reasonably suspect of committing a felony, even if the felony didn't occur in the presence of the individual making the arrest. As long as a felony was actually committed and the individual making the arrest knew of the crime, a reasonable suspicion about the identity of the perpetrator will justify their arrest. However, if the crime did not in fact happen, the person making the arrest could become civilly and criminally liable.

 

In general, people can't use a citizen's arrest for misdemeanors unless the misdemeanor involves a breach of the peace. Even in these circumstances, however, individuals can only make arrests when they've personally witnessed the criminal behavior and the breach has just occurred or there's a strong likelihood that the breach will continue.

 

 

Disturbing the peace, also known as breach of the peace, is a criminal offense that occurs when a person engages in some form of unruly public behavior, such as fighting or causing excessively loud noise. When a person's words or conduct jeopardizes another person's right to peace and tranquility, he or she may be charged with disturbing the peace.

 

What Constitutes Disturbing the Peace?

 

Laws exist that make it a crime to create a public disruption or commotion. These laws vary from state to state, but they typically prohibit:

 

Fighting or challenging someone to fight in a public place;

Using offensive words in a public place likely to incite violence;

Shouting in a public place intending to incite violence or unlawful activity;

Bullying a student on or near school grounds;

Knocking loudly on hotel doors of sleeping guests with the purpose of annoying them;

Holding an unlawful public assembly;

Shouting profanities out of a car window in front of a person's home over an extended period of time;

Allowing excessive dog barking in a residential area; and

Intentionally playing loud music during the night that continues, even after a fair warning.

 

In most states, the person's conduct must have been on purpose (willful) or with bad intent (malicious). It is not enough that a person engaged in conduct that merely annoyed, harassed, or embarrassed someone else. If fighting was involved, it must have been unlawful, and not in self-defense or the defense of others.

 

https://criminal.findlaw.com/criminal-procedure/citizen-s-arrest.html

 

https://criminal.findlaw.com/criminal-charges/disturbing-the-peace.html