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Does anyone have a list of offenses that qualify as breach of the peace for purposes of a citizen's arrest?
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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"There is no single list, statute or rule defining what acts or crimes are considered breaches of the peace." Traffic Stops, 2016 Edition (citing Woods, 213 SW2d 685 & Turner, 901 SW2d 767). The TDCAA Traffic Stops book does list some crimes that are a breach:
- DWI
- PI
- dangerous driving, speeding, swerving and running into other cars
- suspected shoplifter throwing a clothing rack
- CARRYING A HANDGUN!!
- throwing a beer bottle
- fighting
- FSGI
- shooting the bird at graduation
- indecent exposure
- criminal trespass
- theft

Some examples that present no breach:
- obscene gestures
- speeding and running a red light
- violation of traffic regulations
 
Posts: 104 | Location: Brazos County, Texas | Registered: February 10, 2010Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Breach of the peace offenses

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