The number of vehicle repossessions in the United States has risen substantially in the last few years. Some secured parties that took vehicles as collateral are using Geographic Positioning Satellite (GPS) equipment to facilitate repossessions. However in at least one instance last year, this caused serious problems for a secured party that was a car dealer. Worse yet, some repossessions within the last 2 years have involved shootings and deaths. These instances and a legal rule encourage self-help repossessions be accomplished without confrontations. This paper reviews recent case law to derive guidelines for accomplishing repossessions without a breach of the peace and examines the legal rule to ascertain whether it is time to change it.
In some places, mention of the name Carlos Mencia can constitute a breach of the peace. That was true years ago, when his Comedy Central show, "Mind of Mencia," provoked controversy for humor that often trafficked in brazen racial stereotypes.
CRIMINAL MISCELLANEOUS: The trial court did not err in convicting the defendant of disorderly conduct in violation of R.C. 2917.11(A)(2) where the defendants utterances, which encouraged an emotionally charged crowd to continue to gather and to ignore attempts by responding police officers to disperse the crowd, were likely to provoke the crowd into an immediate retaliatory breach of the peace.
A S1983 plaintiff who obtained a permanent injunction to prevent police interference with planned abortion protests could be a "prevailing party" entitled to attorney fees, the U.S. Supreme Court has ruled in a per curiam decision. The plaintiff is a member of a Christian group that conducts anti- abortion demonstrations in which protesters carry pictures of aborted fetuses. The plaintiff disbanded one protest at a busy intersection in North Carolina when county police threatened to issue tickets for breach of the peace. After choosing not to conduct protests in the county for several years, the plaintiff sued under S1983, alleging violations of his First Amendment rights.
A rowdy protest in Rockville Centre by about 300 union members against the hiring practices of AvalonBay Communities has prompted the company to seek protection in the courts. The Virginia-based builder filed a request for a temporary restraining order in state Supreme Court on Thursday that would prevent 14 construction unions from "threatening to and engage in mass picketing, disorderly conduct, destruction of property and breach of the peace" at any of AvalonBay's developments on Long Island.
The RINO (reverend in name only) Terry Jones is like his fellow RINO, Fred Phelps, but in political drag. Jones, the "pastor" (PINO?) of the tiny and inconsequential Dove World Outreach Center in Gainesville, Fla., was jailed last week in Dearborn, Mich., "following a jury trial that found he was likely to create a 'breach of the peace' for plans to protest outside the Islamic Center of America in Dearborn," according to the Detroit News. Jones and his associate Wayne Sapp were taken into custody after they refused to post a $1 "peace bond." A judge then barred Jones and Sapp from entering the property of the Islamic Center -- the largest mosque in the U.S. -- for three years. The two posted bond and were released, but they promised to return on Friday.
The RINO (reverend in name only) Terry Jones is like his fellow RINO, Fred Phelps, but in political drag. Jones, the "pastor" (PINO?) of the tiny and inconsequential Dove World Outreach Center in Gainesville, Fla., was jailed recently in Dearborn, Mich., "following a jury trial that found he was likely to create a 'breach of the peace' for plans to protest outside the Islamic Center of America in Dearborn," according to the Detroit News. Jones and his associate Wayne Sapp were taken into custody after they refused to post a $1 "peace bond." A judge then barred Jones and Sapp from entering the property of the Islamic Center - the largest mosque in the U.S. - for three years. The two posted bond and were released, but they promised to return.
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