assault if he resists being arrested by you?
2007-05-12 07:43:30 · 7 answers · asked by Davie 5 in Society & Culture ➔ Religion & Spirituality
Yeah, gotta get those damn smokers! Forget about rape, child abuse, murder - smokers are enemy #1!
2007-05-12 07:47:28 · answer #1 · answered by kappalokka 3 · 1⤊ 0⤋
It would have to be a municipal code violation. If a company just posts a sign it is not enforceable by local law. There is no federal ban on smoking that makes it punishable by law. You can try to arrest the person but if you make a citizens arrest you have to show up in court. You can also be sued for false arrest, harassment, etc. good luck! Hope you go after the smoker when he almost done with the smoke.
*edit*
I am aware that there are federal smoking ban inside an airport and inside the aircraft. I also know that some government buildings have such laws. But in general there is no law to enforce smoking outside a building in an area with no smoking signs posted.
2007-05-12 14:51:20 · answer #2 · answered by isaiahowings 2 · 0⤊ 0⤋
NO NO NO. You can't take the law into your own hands for a misdemeanor offense. A violation such as this is only a ticket offense which is issued at the patrolman's discretion. It falls into the same category as jaywalking, etc. If you want to wind up in jail for kidnapping, false imprisonment, etc and take the chance that you are also going to end up in civil court trying to fight an unfightable civil suit (think O.J.). Your rights in this type of situation are that you can point it out to the management (recommended) or personally mention it to the offender (not recommended).
2007-05-12 15:06:28 · answer #3 · answered by cwomo 6 · 0⤊ 0⤋
I heard 'citizen's arrest' is mostly a fiction. If somebody broke into your house and you held them at gunpoint until the cops arrive, nobody would have a prob. However, if you tried to do the 'citizen's arrest' thing on a smoker, YOU might be the one carted off to jail. And the smoker would probably sue the hell out of you in court as well...
2007-05-12 14:54:02 · answer #4 · answered by crypto_the_unknown 4 · 1⤊ 0⤋
Uh, why don't you try kindly pointing out that they are smoking in a non-smoking area and ask them to take it elsewhere. Why do you feel the need to go around arresting people?
2007-05-12 14:47:39 · answer #5 · answered by KS 7 · 1⤊ 0⤋
Good grief, take a chill pill, dude.
2007-05-12 14:58:44 · answer #6 · answered by Lee 7 · 0⤊ 0⤋
Sounds good. Can we beat them up too ?
2007-05-12 14:59:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋