Celebrating 10 years! 2007-2017

Can I make a police report for smoking?

Can I make a police report for someone blowing cigarette smo fettywap02/16/17
it's not criminal, but you would have a private cause of act dingbat02/16/17
Not legal advice. Someone intentionally blowing smoke in jorgedeclaro02/17/17
I can't tell if OP is trolling or has no social skills to de triplesix02/17/17
Credited per usual mtobeinf02/17/17
both of you get back in the dome! jewel02/17/17
Hahahaha. Yes sir. mtobeinf02/17/17
I assumed this was a troll poast. Regardless, TITCR. isthisit02/17/17
This isn't legal advice, but practical advice. You could fi sjlawyer02/17/17
Cant speak for other states, but in NJ you could file a priv flawed02/17/17
My employer told me I should come through the front door onc fettywap02/17/17
Walking through a cloud of smoke is not someone blowing smok onehell02/17/17
Delete mtobeinf02/17/17
It is. They all gather right at the door and some of them wi fettywap02/17/17
If it is so bad, why don't you quit your job? It is obvio triplesix02/17/17
You'd have a very hard time proving that the smoker was deli onehell02/17/17
You ought to thank them for smoking. More Social Security do indiangiver02/17/17
No Social Security for dead people. It may be a worker's com fettywap02/17/17
You sound very socially maladjusted. If someone is intention shithead02/17/17
Have you requested that your coworkers switch to vapes? What trollfeeder02/17/17
Vaping is for limp wristed men. Smoking is for losers but it isthisit02/17/17

fettywap (Feb 16, 2017 - 10:02 pm)

Can I make a police report for someone blowing cigarette smoke in my face as I walk past them? Can I spray pepper spray back at them when they do? Can I make a police report for co-workers coming into my office and yelling at me? I've reported this to my employer and I'm not really getting anywhere.

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dingbat (Feb 16, 2017 - 10:25 pm)

it's not criminal, but you would have a private cause of action.

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jorgedeclaro (Feb 17, 2017 - 8:14 am)

Not legal advice.

Someone intentionally blowing smoke in your face would qualify as assault. You can make a police report. Expect that you will be perceived as a crazy person because no one files a police report over having smoke blown in their face. When the police officer declined to refer the matter to the prosecutor, you cannot force him to do so.

2. If you pepper spray the person, you are very likely to be arrested for assault. Based on your scenario, you would be raising a claim of self defense based on their assault. You will lose because pepper spraying someone for blowing smoke on you sounds like the act of a crazy person.

3. You cannot make a police report for coworkers coming into your office to yell at you. There is no law against being a jerk and this would not fall into anything that would be considered unlawful harassment. Harassment is a very narrow legal concept because of the first amendment.

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triplesix (Feb 17, 2017 - 8:22 am)

I can't tell if OP is trolling or has no social skills to deal with everyday situations. Conflict happens, learn to deal with it in a constructive way. Nobody should be blowing smoke in your face or yelling at you but you let it happen, figure why people feel like they can do this to you and work on yourself.

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mtobeinf (Feb 17, 2017 - 8:42 am)

Credited per usual

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jewel (Feb 17, 2017 - 12:35 pm)

both of you get back in the dome!

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mtobeinf (Feb 17, 2017 - 12:36 pm)

Hahahaha. Yes sir.

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isthisit (Feb 17, 2017 - 3:38 pm)

I assumed this was a troll poast.

Regardless, TITCR.

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sjlawyer (Feb 17, 2017 - 9:32 am)

This isn't legal advice, but practical advice. You could file a complaint for someone blowing smoke in your face. In my JX, it would be harassment at most. It would be filed as a private complaint and likely either sent to mediation or dismissed by prosecutor.

Pepper spraying back would likely catch you a charge of harassment or assault. Likely you and the other person would use your 5th A rights to get the case dismissed as to both charges.

As to co-workers, again, you could file it but as like smoking above, it would probably be mediated or dismissed.

Without a Officer signing a complaint or signs of injury, in my jx, it would likely just be dismissed because it's a waste.

Final practical advice - this is silly.

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flawed (Feb 17, 2017 - 10:25 am)

Cant speak for other states, but in NJ you could file a private criminal complaint in municpal court. Some judges will review it for probable cause, some won't and will just let the prosecutor handle it.

You will annoy everyone involved, and have to go to court multiple times, but id be a liar if i said i never saw weirder and/or more petty things filed by citizen complaint.

Sone examples include: assault for taking someones hat off their head, assault and battery for pushing someones shoulder, harrassment for looking in someone's window from the street. Assault and battery for getting drunk and throwing a toilet seat at your drunk lover.

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fettywap (Feb 17, 2017 - 11:00 am)

My employer told me I should come through the front door once the receptionist gets here when I requested accommodations. I showed up at 8:05 this morning, and the door was locked. So then I have to walk through the other door and walk through the smoke cloud, because there are about 10 employees who stand out there and smoke all day.
I parked by the front door because I was told I need to start coming through the front door. I was told I could park there. One of the women here thinks that is her personal parking space. She and her friend came in my office and harassed me until I moved my car. She doesn't even work every day, and only works part-time. The spot is sitting open today because no one's supposed to take her personal space even when she's not here.

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onehell (Feb 17, 2017 - 11:30 am)

Walking through a cloud of smoke is not someone blowing smoke in your face that rises to even the most theoretical or technical definition of assault.

A lot of states do, however, have laws that say you aren't supposed to smoke within X number of feet of the door to a business. If your state has such a rule, it is usually your state's department of public health that enforces it and that is who I would complain to.

Sometimes, similar rules are also enacted at the municipal level by ordinance, in which case ask city hall who enforces it.

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mtobeinf (Feb 17, 2017 - 11:32 am)

Delete

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fettywap (Feb 17, 2017 - 11:50 am)

It is. They all gather right at the door and some of them will blow the smoke right in my face as I walk by and make us all walk around them. It would be a battery, IMO.
My state doesn't have that law for private businesses. I already called. It's coming through the door and through the vent where I was sitting though, so it's in the office. The law says no smoking in the building unless in a separately ventilated area. So you could probably make a public policy argument.

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triplesix (Feb 17, 2017 - 12:26 pm)

If it is so bad, why don't you quit your job?

It is obvious those people don't want you there and you don't have enough spine to deal with the situation like an adult. Either toughten and get your check or leave and lose that chaddar. Nobody is gonna a take you seriously with this petty crap. You are not a victim, you are an adult with a job, start acting as such.

If you want to screw your employer, find better grounds such violations of employment laws or safety codes.

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onehell (Feb 17, 2017 - 12:29 pm)

You'd have a very hard time proving that the smoker was deliberately blowing the smoke on you when you were the one who walked up to the cloud created by people who were already there.

Many people find smoking repulsive, so having to walk through a cloud of it is gross to them. I hear you and I sympathize. But I doubt very much that the smokers are deliberately assaulting you with their smoke, even though it probably does feel that way to you. They probably are behaving like inconsiderate jerks, but that doesn't mean they're assaulting you and even if they were, you could never prove it and the cops have better things to do.

My suggestion would be to call your city councilperson and advocate for a smokefree workplace ordinance that prohibits smoking within 20 feet of the entrance to a business. Such laws are very common, you wouldn't be asking for anything outlandish. No-smoke.org notes that the tobacco lobby is most vulnerable at the local level because although the tobacco lobby often has a lot of clout in state legislatures, they aren't very influential with city councils and other highly local forms of government. Such measures often sail through with little or no public opposition (other than from bar owners, but no one listens to them because no one likes bars anyway) and are quite popular politically.

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indiangiver (Feb 17, 2017 - 3:32 pm)

You ought to thank them for smoking. More Social Security dollars left for you down the line.

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fettywap (Feb 17, 2017 - 3:56 pm)

No Social Security for dead people. It may be a worker's comp claim. I go to the doctor next week.

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shithead (Feb 17, 2017 - 12:44 pm)

You sound very socially maladjusted. If someone is intentionally messing with you, filing a frivolous* police report will only make things worse. Either grow a pay and tell this person not to blow smoke in your face, or accept that you are an omega and take it. Yeah, cigarette smoking is disgusting. So are other people's farts. Part of everyday life is dealing with other people's habits that are annoying.

*Even if not frivolous in a legal sense, it's definitely frivolous in a societal context.

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trollfeeder (Feb 17, 2017 - 7:09 pm)

Have you requested that your coworkers switch to vapes? What's your opinion on vaping?

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isthisit (Feb 17, 2017 - 9:11 pm)

Vaping is for limp wristed men. Smoking is for losers but it beats vaping.

Full disclosure: I don't vape or smoke.

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