Disturbing the peace
what are examples of disturbing the peace?
unlawful fighting,making loud or unreasonable noises,using offensive words
What does the First Amendment protect ??
Speech and offensive words.
where does noise that might be unreasonable ?
It occurs when....
A person willfully and maliciously obstructs the free movement of another person
what is unlawful fighting?
a person unlawfully fights in a public place or challenges another person in a public place to fight
For speech to be restricted what must it provokes
It must provoke immediate violence on the situation that is happening or current.
Example of Disturbing the peace of a place.
A person talking loudly in a public library
What places can it occur in?
Streets, sidewalks, or any other public place
what is making loud and reasonable noise?
a person disturbs another person by loud and unreasonable noise
What would get you arrested for the section offensive words.
Using offensive language.
In a public place
Some actions can provoke immediate violence.
Driver being impatient and honking for cars to move reasonable?
False
What is the classification of Obstruction of a Public Way?
What is misdemeanor
what is using offensive words?
a person uses offensive words to provoke an immediate violent reaction
What would get you arrested for the section loud noises.
Intentionally and with intent
On purpose and with purpose.
Loud and annoying sounds.
what is time of day ?
Certain noise may be acceptable in certain time
What does it not affect?
What is the power of a state?
Under what penal code is making loud and unreasonable noises?
415(2)
What are the necessary crime elements to arrest a suspect for disturbing the Peace
Fighting, Loud Noises, Offensive Words.
what is manner in which noise is made?
Intention or behavior behind it.
What does it not affect? pt.2
County or a city to regulate conduct upon a public way