How JustAnswer Works:

  • Ask an Expert
  • Get a Professional Answer
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Pro Your Own Question

Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23478
Experience:  20 years trial experience in defense of criminal cases
Type Your Criminal Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

i have a neighbor that keeps calling the cops on me because Im s

Customer Question

i have a neighbor that keeps calling the cops on me because I'm smoking outside my apartment can i file harassment charges?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Pro replied 2 years ago.
Is there a rule in the apartment building/complex about smoking?
Customer: replied 2 years ago.
just that i can't smoke in the builing
Expert:  Law Pro replied 2 years ago.
What do the police tell you when they come?

Have they filed anything against the neighbor for filing a false criminal complaint?
Customer: replied 2 years ago.
no it's a small town and the cops are friends of my neighbors.
Expert:  Law Pro replied 2 years ago.
Do the police continue to come to your residence each and every time the neighbor complains?
Customer: replied 2 years ago.
yes and they tell me they called because Im smoking and they dont want us smoking in the yard.
Expert:  Law Pro replied 2 years ago.
Who doesn't want you smoking in the yard - whose yard is it? It's private property - correct?
Customer: replied 2 years ago.
no its owned by two different owners it is a four plex and we live in one of the apartments
Expert:  Law Pro replied 2 years ago.
So where exactly are you smoking?

Is that the same building and owner as where you reside?
Customer: replied 2 years ago.
just outside our door on the second level and she lives on the bottom floor
Expert:  Law Pro replied 2 years ago.
If it's not part of the lease that the property is "non-smoking" - then I would inform the police officers that if they harass you once again based on the complaints of this neighbor you will be filing a lawsuit against them for harassment.


At your first opportunity, when you suspect that you are being harassed, you should ask, "Am I under arrest?" This forces the officer to inform you of your official status. If he or she does not formally arrest you at that point, then you are still a "private citizen" with all the civil rights thereof. You do not have to answer any questions, or allow the officer into any premises for which he or she does not have a warrant. Ask the officer, "What crime is under investigation?" The answer to this question should allow you to decide whether the officers questions are legitimate. Only then, if you are being harassed, should you use any of the following tactics.



The police may take you to the station to talk. If this happens, ask to have an attorney present. Then, shut up. Don't say anything until the lawyer is there with you, and speak only if he advises it.


If you are at another's home when the police come in, you should keep quiet also. Avoid incriminating your host. You really don't know what grounds are being used for the raid, and you probably don't know they are innocent of whatever it is; so avoid incriminating yourself or others. In this case, the time to act is afterwards; see an attorney.

In your own home, if the police ask permission to come in, the answer should be "NO." You should step outside and talk with them. If the weather is too inclement for that, or if they don't like this approach, offer to go to McDonald's or to the police station. You don't have to let them in without a warrant. If you are asked, "What do you have to hide?" turn it around and ask "What kind of question is that?" If they are not asking to come in, but breaking down your door, give way and let them in. Don't fight them or make any insults or threats, but remember all that is said and done, make notes, and get a lawyer.

If the officer looks frightened or angry, take extreme precautions not to do anything to startle him or make him think you are about to do him harm. This is a time of maximum risk to yourself, so be very polite and don't do anything that may be interpreted as a threat.






The Limited Protection Search is most easily used for harassment purposes. The law enforcement officer is permitted, if he has cause to suspect that a person is armed, to "frisk" that person for weapons. While this may be undignified, it is no more than that; if you are armed, surrender the weapon voluntarily before the search begins. This establishes that you are willing to cooperate with the officer, and limits the scope of further harassment. (Of course, if the weapon you carry is illegal, there are other consequences.) If you are not armed, it doesn't matter; even if he were to find contraband on your person, he probably could do no more than confiscate it, because it might not be admissible evidence.

If you are a female, you have the right to have a female witness present during the search. Another harassment tactic involves the "Plain View" search, which is not a search at all. This involves the officer's simply seeing some item which he defines as contraband; he has the right to confiscate it, as well as to take any further action as appropriate. Though this can be a major inconvenience, you can file a complaint against the officer through his department's Internal Affairs division, and you may be able to recover your property.

If you are actually arrested, then the officer may search your person and all of the surrounding area within your reach. This "Search Incident to Arrest" is permitted to insure that the arrested person cannot obtain a weapon or destroy evidence; any contraband or evidence relating to the reason for the arrest is admissible. You can do nothing about this, so relax. (It may be a tactic to rattle you. Don't let it.)

One special case: when the property to be searched is an automobile, the requirement for a search warrant is waived. The officer must still be able to prove to the Court that his search is "reasonable," but he does not have to obtain a warrant to make the search. This is because the vehicle is mobile, and could be gone by the time a warrant could be obtained.





Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 23478
Experience: 20 years trial experience in defense of criminal cases
Law Pro and 7 other Criminal Law Specialists are ready to help you
Expert:  Law Pro replied 2 years ago.

"You are under arrest." These are words that the common, upstanding citizen never expects to hear. However, as a Pagan or magical practitioner, you must be realistic. As the world stands, Pagans, Satanists, Witches and others deemed "radical," "non-conformist," or (in extreme cases) "dangerous to society", face the very real possibility that they may be harassed, arrested, charged with supposed crimes, or actually prosecuted for those "crimes." Whether your arrest is the end of a long series of harassments, or happens abruptly and surprisingly, there are certain procedures that the police are required by law to follow if they don't want the arrest to be deemed invalid in any future court proceedings. This section deals with that process, and hopefully, will include some useful advice on how to deal with being arrested.



    It is suggested that you retain a private criminal defense attorney, if at all possible, rather than take a Court-appointed Public Defender. Not that there aren't some very good public defenders out there, but most of them are either very young lawyers right out of law school or old veterans who have become somewhat cynical. Most of all, in virtually every city, public defense attorneys are extremely overworked; your public defender will not - and cannot - give your case the concern and effort that you need at this point. What you need is a good attorney who has your best interests at heart, and who will take a strong stand with his counterpart in the Prosecutor's office.





As a ward of the State, you are under the State's care. Police and prison officials can be held personally liable if you are mistreated, and they know it. You will be given the basics of sustenance; do not expect more. If, for example, you are under a physician's care and are taking prescribed medicine for a medical condition, they must continue that medication. If you are injured in the course of the arrest, you have the right to receive medical treatment from a physician. You will be fed and clothed. If you wear corrective eyewear or a hearing aid, you will have them when you see your attorney or when you appear in Court.




If you are charged with a crime - if you haven't done so by now, you can't put it off any longer. Get an attorney! A public defender just won't do; most of the time, he would try to persuade you to accept a plea bargain (you plead Guilty to a lesser offense in exchange for the prosecutor dropping the greater charge). Almost 80% of publicly defended cases are disposed of in this manner. Having retained a good attorney, take his advice; it's what you pay him for.




As to the neighbor - I would file a private criminal complaint for the filing of a false police report. I would notice the police that is what your intentions are if they once again come and bother you AND will pursue them in addition.


JustAnswer in the News:

Web sites like
...leave nothing to chance.

What Customers are Saying:

< Last | Next >

Meet The Experts:

  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

< Last | Next >
  • Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

  • Nate's Avatar



    Satisfied Customers:

    Over 10 years of criminal defense practice.
  • LawTalk's Avatar



    Satisfied Customers:

    30 years legal experience
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16 yrs. of experience including criminal law.
  • Marsha411JD's Avatar



    Satisfied Customers:

    Licensed attorney with 27 yrs. exp. in criminal law
  • RobertJDFL's Avatar



    Satisfied Customers:

    Experienced in multiple areas of the law.

Related Criminal Law Questions