Malcolm Rivera
In the state of Georgia, disorderly conduct is a misdemeanor. Disorderly conduct, also referred to as disturbing the peace, includes behaviours that create alarm or anger in others, or that have the potential to conduct illegal acts. Breach of the peace is defined as an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done. Police officers have the power to detain or arrest an individual if a breach of peace has occurred or is likely to occur. Disorderly conduct can be caused by violent or tumultuous behaviour, or the use of fighting words, which are words that are likely to start a fight, riot, or public disturbance.
| Characteristics | Values |
|---|---|
| Disorderly conduct | Being rude, disrespectful, or angry in conjunction with the use of profanity or an angry statement is not sufficient for a conviction. Disorderly conduct can arise from a threat of violence toward a person or property, the use of "fighting words," or the use of obscene, vulgar, or profane language in the presence of someone under 14. |
| Disturbing the peace | Defined as causing a disturbance that interferes with the "tranquility and good order of the community." This can include fighting, causing unreasonable noise, or playing loud music. |
| Breach of peace | An act done or threatened that harms a person or their property, or is likely to cause such harm. |
| Free speech | Protected by the First Amendment. However, free speech should not be offensive and controversial. |
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What You'll Learn
Violent or tumultuous behaviour towards another person
A breach of the peace in Georgia occurs when a person's conduct includes any violent or tumultuous behaviour towards another person, or the person uses threatening or offensive language towards another person. This also includes any writing, sign, or gesture that is intended to provoke violence or a violent reaction.
In the context of an officer, this could include the use of excessive force during an arrest, detention, or other interaction with a member of the public. For example, if an officer strikes or injures a person who is already restrained and poses no threat, this would likely constitute a breach of the peace. Similarly, if an officer uses offensive or threatening language towards a member of the public, this could also be considered a breach.
Additionally, an officer's behaviour does not need to be directed at a specific person to constitute a breach. For instance, if an officer's actions or language incite a crowd to violence or create a risk of harm to the public, this would likely be considered a breach of the peace. This could include an officer making inflammatory gestures or using offensive language towards a group of people, even if the officer is not addressing any individual directly.
It is important to note that the key element is the potential for violence or harm. Even if no actual violence occurs, an officer's behaviour can still breach the peace if it creates a risk of harm or provokes a violent reaction from others. This is a broad area of law, and each case will depend on its specific facts and circumstances. However, the fundamental principle is that officers must conduct themselves in a manner that does not threaten, harm, or provoke violence towards others.
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Threatening language or physical contact with an officer
In the state of Georgia, threatening language or physical contact with an officer can constitute a breach of peace and lead to arrest. However, it is important to note that the definition of "threatening language" has been a subject of debate and legal interpretation. The use of foul language, profanity, or angry statements towards an officer does not constitute disorderly conduct or breach of peace unless it includes "fighting words" or threatens an immediate breach of the peace that would incite a listener to react violently.
The interpretation of "fighting words" has evolved over time, with courts striking down vague terminology and upholding the protection of free speech. For example, in Woodward v. Gray, a woman's loud and profane statements towards police officers during her brother's arrest were not considered "fighting words" as they did not directly target the officers and were not intended to incite the surrounding crowd.
In the context of threatening language or physical contact with an officer, a breach of peace can occur when an individual's words or actions create a reasonable fear for the officer's safety or the safety of their property. This can include violent or tumultuous behavior, threats of violence, or the use of obscene, vulgar, or profane language that threatens an immediate breach of peace in the presence of a minor.
Georgia law specifically addresses the intimidation of law enforcement officers, stating that any person who threatens or intimidates an officer outside the scope of their employment or their family member in retaliation for their official duties shall be guilty of a felony. The punishment for such an offense includes imprisonment for one to five years, a fine of up to $5,000, or both.
It is important to note that the interpretation of threatening language and the specific laws regarding breach of peace can vary across different jurisdictions within Georgia. Each city or county government may have its own ordinances and resolutions to address disorderly conduct and protect citizens from offensive behavior.
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Using 'fighting words' or abusive language
Disturbing the peace, also known as breach of the peace, is a criminal offence in Georgia. It occurs when a person engages in some form of unruly public behaviour, such as fighting or causing unreasonable noise. Disturbing the peace can also be caused by the use of "fighting words" or abusive language.
The use of "fighting words" or abusive language is not clearly defined and is often determined subjectively by judges. However, it generally refers to language that is obscene, vulgar, or profane and tends to incite an immediate breach of the peace. For example, in Crolley v. State, it was found that the use of obscene, vulgar, and profane language by an employer towards an employee did not constitute "fighting words" as they were not considered to inflict injury or incite an immediate breach of the peace. In another case, McIntosh v. State, it was ruled that an acquittal of using obscene language does not bar prosecution for using abusive language.
In Georgia, disorderly conduct is a related but separate offence that can result from the use of "fighting words" or abusive language. Disorderly conduct is defined as acting in a violent or tumultuous manner towards another person, placing them in reasonable fear for their safety or the safety of their property. It can also include the use of obscene, vulgar, or profane language in the presence of a child under the age of 14.
It is important to note that simply arguing with a police officer or using foul language in their presence does not constitute disorderly conduct or disturbing the peace. For speech to rise to the level of obstruction, it must be reasonably interpreted as a threat of violence or hindrance to the officer. Additionally, the right to freedom of expression protects individuals from criminal prosecution for expressing opinions that others may disagree with.
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Public misconduct
Disturbing the peace, or breach of the peace, is a criminal offence that occurs when a person engages in some form of unruly public behaviour, such as fighting or causing unreasonable noise. Disturbing the peace interferes with the "tranquility and good order of the community". This is a broad definition that covers a wide range of activities, including criminal offences and civil infractions. For example, playing loud music at night after being told to stop by the police can result in a civil penalty.
In the state of Georgia, disorderly conduct is often used by officers when they wish to detain someone, whether for public safety, to prevent interference with an investigation, or simply to "teach someone a lesson". It is often used when the person charged has not actually broken any law, and is simply "irritating the police". Disorderly conduct can include acting in a violent or tumultuous manner towards another person, placing them in reasonable fear for their safety, or placing their property in danger of being damaged or destroyed. It can also include the use of "fighting words", or obscene, vulgar, or profane language in the presence of someone under the age of 14.
In the case of Woodward v. Gray, the court ruled that a woman's behaviour did not constitute disorderly conduct when she yelled loudly in front of a crowd that she did not have to follow police orders to leave the area. The court found that her language did not constitute "fighting words", was not intended to incite the surrounding crowd, and that the police department's policy for arresting anyone for this type of behaviour exceeded their lawful authority.
In Georgia, public drunkenness is a criminal offence, but it is not a crime to simply be noisy and rambunctious. The right to freedom of expression protects against criminal prosecution for saying things that others disagree with. However, if troublesome behaviour causes bodily injury or property damage, the state may have the right to interfere.
Constitutional scholars have proposed reforming breach of the peace laws to avoid restricting protected speech. Following court rulings indicating that various laws are too broad in scope, many state and local governments have reformed their statutes to define unprotected speech more narrowly and provide law enforcement with better guidelines on what constitutes breaches of the peace.
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Obstruction of a law enforcement officer
In the state of Georgia, obstruction of a law enforcement officer occurs when an individual "knowingly and willfully obstructs or hinders" an officer in the lawful discharge of their official duties. This can include actions such as running, arguing, lying, resisting arrest, or any other action that makes it more difficult or prevents an officer from performing their job. Obstruction can be classified as either a felony or a misdemeanour, with penalties ranging from fines to jail time.
It is important to note that there is a narrow exception to the obstruction law in Georgia. Obstruction charges do not apply if the officer was not lawfully performing their duties, such as during an unlawful arrest or detention. In such cases, resisting an unlawful arrest or detention using proportionate force would not constitute obstruction.
The definition of obstruction in Georgia has been the subject of debate and reform. The state's disorderly conduct statute, often used as a catchall provision by officers, has been criticised for being too broad and vague. Free speech, even if offensive or controversial, is protected by the First Amendment, and courts have struck down statutes that attempt to regulate speech with vague terminology.
Historically, civil rights activists in the 1960s were frequently arrested under breach of peace statutes, which were later reviewed and overturned by the Supreme Court. In recent years, there have been calls to reform breach of peace laws to be more narrowly tailored to avoid restricting protected speech. These reforms aim to provide better guidelines for law enforcement officers to understand what constitutes a breach of the peace.
While the specifics of each case may vary, it is clear that obstruction of a law enforcement officer in Georgia is a serious offence that can result in significant penalties. Individuals facing such charges are advised to seek legal representation to navigate the complexities of their case.
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Frequently asked questions
Breach of peace generally covers conduct that disturbs the public peace and quiet of the community.
Disorderly conduct includes behaviours that create alarm or anger in others or that have the potential to conduct illegal acts. It is a misdemeanour in Georgia.
For speech to rise to the level of obstruction, it must be reasonably interpreted as a threat of violence to the officer. Warning the subject of an investigation or inciting others to interfere can also constitute verbal obstruction.
Fighting words are any words which are likely to start a fight, riot, public disturbance, or any other breach of the peace. They are usually profanities and/or racial slurs, but they don’t have to be.
A breach of peace by an officer can include the use of disorderly conduct charges as a catch-all provision when confronted with a person they wish to detain, even if the person charged has not broken any law.
