Unlawful Entry Charge for Refusing to Leave a Zoo Concert

My question involves criminal law for the state of: DC

On May 11, 2014, I was arrested and charged with Unlawful Entry. The incident in question occurred during a charity concert at the National Zoo in Washington DC. Unlawful Entry is defined by DC law as:

It is illegal in D.C. to enter or attempt to enter any private dwelling, public building or other property or to remain within such property without lawful authority and against the will of the lawful occupant. ”Private dwelling” is defined as a privately owned house, apartment, condo or any other building used as living quarters. The maximum penalty for this offense is a $1,000 fine and 180 days of imprisonment. D.C. Criminal Code 22-3302.

I don't have the money for a lawyer, and I'm trying to fight the charge myself. Below is my account of the events. Did the police have authority to do this? Should I get statements from witnesses? How should I present the evidence in court? My court date is set for next week.

When I arrived after work, I joined a few friends near the front of the stage. There was a crowd of about 400, sitting on Lion/Tiger Hill, trying to beat the sun, waiting for the band. PTM came out at 6:30 and a few of us stood up to welcome them. A few boo's came from the back, we chuckled among ourselves and sat down. The band got through the first few songs with a few members of the crowd bobbing their heads back and forth. I was floored. I'm a pretty timid guy and my set of dance movements is mostly limited to the sway and the sway with clap but this was something else. When the second verse of Evil Friends hit, I was done. I stood up again, hoping to gradually bring more from the crowd up with me. The boo's came for a few seconds, and a police officer came up to talk to me.
"Sit Down."
"Sir, I'm here for the music, I intend to stand."
"Come with me."
"I'm here for the music, I intend to stand."
"Come with me."
A second officer approached me, and then a third, and the first officer grabbed my wrist. I took a few steps toward the stage to place both of my hands on the barrier.
"I'm not going anywhere until you tell me why."
There was no verbal rudeness on either side. The tapes start rolling here. The cuffs came out, the band stopped playing and tried to diffuse the situation. I kept asking what I was being arrested for, but recieved no answer. As they pulled me away, I clung onto the chained fence, and one of the officers brought me to the ground in a headlock. They piled on top, my legs still between the links of the fence. After a minute they got the cuffs on me.

They lead me to their office, asking for identification, address, etc. I refused to answer any other questions. I stopped asking what I was being arrested for since by this point it was obvious they were trying to figure that out themselves. There was a "what now?" presence in the room with all the officers looking at each other from time to time. They needed something, they couldn't release me without making the arrest justified. 20 minutes passed with me trying to make awkward small talk.

As the band was finishing the set, they lead me out, sat me in their van, and drove me to the metropolitan police station. As they transferred custody, I asked the metropolitan police again what I was being arrested for.
"That is not our job, the zoo police handed you over".
"Yes sir, but I need to know what I’m arrested for to comply."
The metropolitan police were in the middle of re-cuffing me, and placed their hands on me to move me (maybe for a search?), I didn't follow their cue, and was promptly wrestled to the ground again. I felt a sharp pain come from my side around the rib area. They sure know how to hurt you just enough so to not leave a major mark. They cuffed me in two pairs of cuffs and sat me in an empty cell. I could feel my hands starting to numb. At least two hours passed. I could hear distant conversations: "we're running out of time", with the words "zoo police" repeated over and over again. I kept asking for water as I still hadn't had a drink since my arrest. One of them came out and started questioning me again. "I'm not answering a single other question until I go to the hospital." The officer saw the swelling on my hands, the scratches of my face and knees and arranged a transport. They kept the cuffs on, but loosened them.

My first drink of water was past midnight at the hospital. My cuffs were taken off when I was brought back and fingerprinted around 2:30 in the morning. That was the first time I heard the reason for my arrest: Unlawful Entry. That's right. Unlawful Entry in the middle of the day in the Metropolitan Zoo. The officer doing the fingerprinting laughed with me when I told him the story... "haha zoo police".

My girlfriend picked me up from the station, we got ihop, and went home as the sun rose. If you're outside, stand up, sit down, whichever, just enjoy the music.

A few quick words of wisdom:

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Quoting arrestedatthezoo

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"I'm not going anywhere until you tell me why."

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That's not the way it works.

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Quoting arrestedatthezoo

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As they pulled me away, I clung onto the chained fence, and one of the officers brought me to the ground in a headlock. They piled on top, my legs still between the links of the fence. After a minute they got the cuffs on me.

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How'd that work out for ya?

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Quoting arrestedatthezoo

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They needed something, they couldn't release me without making the arrest justified.

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Actually, they could as mistakes do happen. I'm guessing their side of the story is far different. Incidentally, they could have charged you with several things instead of what they did.

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Quoting arrestedatthezoo

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"Yes sir, but I need to know what I’m arrested for to comply."

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No, you don't. Compliance will save you injuries when you resist. The courtroom is where you fight a charge.

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Quoting arrestedatthezoo

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The metropolitan police were in the middle of re-cuffing me, and placed their hands on me to move me (maybe for a search?), I didn't follow their cue, and was promptly wrestled to the ground again. I felt a sharp pain come from my side around the rib area. They sure know how to hurt you just enough so to not leave a major mark.

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How'd that work out for ya?

Ah yes, I did miss that part. I removed the link, although that article did not contain the name of anyone involved. I'm aware "That's not the way it works." I was full of emotions from the event. Thank you for your words of wisdom, but I came here to seek courtroom advice.

You did not have lawful authority to remain when told to leave. Even the peace loving crowd clearly wanted you removed. I love their comments. You are not only guilty, you posted the evidence of your guilt all over the internet.

Well hold on a second, I was never "told to leave the premises". An officer did ask "come with him" but that's about it. The comments sections is quite a good read, I agree. But at the end of the day, the legal facts of the mater stay the same.

A question on the side, say an officer tells you to leave all DC public property, are you expected to face arrest if you don't comply?

Nice picture of you...

http://dcist.com/attachments/dc_matt...zooconcert.jpg

http://dcist.com/2014/05/man_removed...oo_concert.php

Someone told me it's all happening at the zoo. I do believe it, I do believe it's true.

Once you were told to come with him, your welcome was worn out. Then you resisted, obstructed and created a public nuisance. Which you could have been charged with instead of the trespass charge.

Since you are not a very sharp crayon I will repeat the conversation. It clearly shows you were asked to leave the location you were standing and not only refused, resisted. I propose their reluctance was not in whether what anyone was doing was legal, rather it was a genuine concern for your future based on the pending conviction for what they realized was childish and not criminal behavior.

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"Sit Down."
"Sir, I'm here for the music, I intend to stand."
"Come with me."
"I'm here for the music, I intend to stand."
"Come with me."
A second officer approached me, and then a third, and the first officer grabbed my wrist. I took a few steps toward the stage to place both of my hands on the barrier.
"I'm not going anywhere until you tell me why."

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Quoting arrestedatthezoo

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Well hold on a second, I was never "told to leave the premises". An officer did ask "come with him" but that's about it. The comments sections is quite a good read, I agree. But at the end of the day, the legal facts of the mater stay the same.

A question on the side, say an officer tells you to leave all DC public property, are you expected to face arrest if you don't comply?

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Things, unfortunately, did not go smoothly: a man was removed by police for allegedly refusing to sit down during the performance, disrupting the concert for fans sitting on the lawn. "Last night at the concert, where guests were sitting on the lawn, one person stood up and was blocking the audience’s view of the band," a Zoo spokesperson said. "He was repeatedly asked to sit down and resisted the requests. He was removed when he didn’t cooperate and was turned over to [the Metropolitan Police Department.]"

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so you were the drunken idiot standing up blocking people's view?.

, it looks like trespassing and resisting arrest could be added as well and depending on the specifics of the laws, a drunk in public and maybe even disorderly conduct.


what are you looking for? You don't have any defense to much of anything here. You were in the wrong and, if you didn't notice it, the crowd cheered loudly when you were taken away.

a couple of the posts from the link:

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He was definitely being a douchebag, screaming profanities and arguing with audience members. Way to not include that in the article.

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Completely agree. I was there as well, about 10 ft from the incident. The guy repeatedly resisted polite requests from the cop to sit down, and even a request to talk it out on the sidelines. They only brought in more officers because the kid was clinging onto the barricade and stage, in effect destroying property and putting the entire front row at risk of getting whacked in the head with a metal grate. I don't think the force was excessive as I'm not sure what else the cops could have done. I think his group of friends were drunk, because they were disproportionately out of line. I'm all for fighting the man, but this was just stupid antics by someone destroying the show for everyone else.

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the band thought you were an idiot as well:


Portugal The Man ✔ @portugaltheman
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Don't think we won't fight for shit, we just don't fight for stupid shit. #sitdown #standup #courtesy #manners #respect

It seems that you are getting too invested in the comments section of the news article. There was a gentleman next to me who did do some questionable things. I think a few people didn't realize that we weren't related. I merely silently stood up. Not sure where you got intoxicated from. I don't see a reason for a disorderly conduct charge as I wasn't violent, mouthed off to anyone, or threatened anyone. Resisting arrest could only be added if this is recognized as a lawful arrest.

Thus is my reason for asking for legal advice. What is my best course of action in court?

Better video here: http://www.youtube.com/watch?v=5D9dNVu_LgU#t=82

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Your best course of action is get a lawyer, your combined defiance of authority and ignorance of the law isn't going to get you out of these charges.

You weren't arrested for "merely standing up." You were arrested because you didn't leave when the cops told you to (or you could have availed yourself of their offer to sit down).
Violence is not an essential part of disorderly conduct in DC, you only need to have acted in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others.

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Quoting arrestedatthezoo

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It seems that you are getting too invested in the comments section of the news article. There was a gentleman next to me who did do some questionable things. I think a few people didn't realize that we weren't related. I merely silently stood up. Not sure where you got intoxicated from. I don't see a reason for a disorderly conduct charge as I wasn't violent, mouthed off to anyone, or threatened anyone. Resisting arrest could only be added if this is recognized as a lawful arrest.

Thus is my reason for asking for legal advice. What is my best course of action in court?

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well, unless he was also taken to the ground in a headlock, they were talking about you.

you don't have to be violent for disorderly conduct

(b)

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It is unlawful for a person to engage in loud, threatening, or abusive language, or disruptive conduct, with the intent and effect of impeding or disrupting the orderly conduct of a lawful public gathering, or of a congregation of people engaged in any religious service or in worship, a funeral, or similar proceeding.

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your conduct was disruptive and it did have the effect of disrupting the orderly conduct of a lawful public gathering.

and it was a lawful arrest so resisting is definitely a possibility

To repeat the unanswered question. Say you are walking down the street, and an officer pulls up and tells you to leave all DC public property, are you expected to face arrest if you don't comply?

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Quoting arrestedatthezoo

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To repeat the unanswered question. Say you are walking down the street, and an officer pulls up and tells you to leave all DC public property, are you expected to face arrest if you don't comply?

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depends on his reason but you were not asked to leave ALL DC public property. In fact, you were not even originally asked to leave the venue involved. It was only after you decided you thought you had some right to be an idiot and stood your ground on that point were you arrested.

I sincerely hope you do not believe you are right in this matter and that you have a valid defense to much of anything because you are wrong if you do. You need to prepare to defend yourself, legitimately. Not with some BS arguments and wild claims of rights you don't have.

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Quoting arrestedatthezoo

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On May 11, 2014, I was arrested and charged with Unlawful Entry. The incident in question occurred during a charity concert at the National Zoo in Washington DC. Unlawful Entry is defined by DC law as:

It is illegal in D.C. to enter or attempt to enter any private dwelling, public building or other property or to remain within such property without lawful authority and against the will of the lawful occupant. ”Private dwelling” is defined as a privately owned house, apartment, condo or any other building used as living quarters. The maximum penalty for this offense is a $1,000 fine and 180 days of imprisonment. D.C. Criminal Code 22-3302.

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That's a summary of only one small part of the statute,

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Quoting D.C. Code, Sec. 22-3302. Unlawful entry on property

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(a)

(1) Any person who, without lawful authority, shall enter, or attempt to enter, any private dwelling, building, or other property, or part of such dwelling, building, or other property, against the will of the lawful occupant or of the person lawfully in charge thereof, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand of the lawful occupant, or of the person lawfully in charge thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 180 days, or both. The presence of a person in any private dwelling, building, or other property that is otherwise vacant and boarded-up or otherwise secured in a manner that conveys that it is vacant and not to be entered, or displays a no trespassing sign, shall be prima facie evidence that any person found in such property has entered against the will of the person in legal possession of the property.

(2) For the purposes of this subsection, the term "private dwelling" includes a privately owned house, apartment, condominium, or any building used as living quarters, or cooperative or public housing, as defined in section 3(1) of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 654; 42 U.S.C. § 1437a(b)), the development or administration of which is assisted by the Department of Housing and Urban Development, or housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority.

(b) Any person who, without lawful authority, shall enter, or attempt to enter, any public building, or other property, or part of such building, or other property, against the will of the lawful occupant or of the person lawfully in charge thereof or his or her agent, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand of the lawful occupant, or of the person lawfully in charge thereof or his or her agent, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than the amount set forth in § 22-3571.01, imprisonment for not more than 6 months, or both.

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The statute is not limited to residences, and is not limited to circumstances where the original entry is uninvited. The statute applies to all property where a person with authority to do so tells you to leave and you refuse to leave.

When a crowd of people is sitting on the grass trying to watch a concert, they're not there to watch your hiney even if you believe you have some sort of legal right to stand up and block their view.

You managed to escalate a situation that you likely could have resolved simply by sitting down into one in which you're facing a criminal charge.

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Quoting arrestedatthezoo

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To repeat the unanswered question. Say you are walking down the street, and an officer pulls up and tells you to leave all DC public property, are you expected to face arrest if you don't comply?

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You were not on DC public property. You were on the grounds of the National Zoo which is owned by the Smithsonian, not that it matters. Just because the property is owned by the government doesn't give you the unconditional right to be there. You could be told to leave at any time for any reason.
Once you're told to go, you were trespassing when you didn't.

I understand the desire to stand, dance, etc at a concert. Having seen the venue you were at, that simply is not an option without interfering with others' enjoyment of the event. At that point, you become the bad guy.

If it had been a different type of crowd, someone might have forcibly sat you down prior to police involvement.

With the same manner, you could say the metropolitan police have jurisdiction or are "lawfully in charge" of the whole city. In a hypothetical scenario, you are walking down the street, and an officer pulls up and tells you to leave all DC public property. Are you expected to face arrest if you don't comply? Are you implying that the law allows this?

I appreciate your concern and the words of moral wisdom, but please understand, I'm not here for that.

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Quoting arrestedatthezoo

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I appreciate your concern and the words of moral wisdom, but please understand, I'm not here for that.

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Ok, here is is in a nutshell:

you did something really stupid. You broke the law. You are lucky if the is the only charge filed against you. You have no valid defense and your hypothetical situations are meaningless.


is that what you wanted?

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Quoting free9man

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I understand the desire to stand, dance, etc at a concert. Having seen the venue you were at, that simply is not an option without interfering with others' enjoyment of the event. At that point, you become the bad guy.

If it had been a different type of crowd, someone might have forcibly sat you down prior to police involvement.

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Hey! I completely agree! At the time I could see two outcomes, people grumble about and all end up standing up, or no one stands up, and I reluctantly sit down after a few minutes of making a fool of myself. I just couldn't see a reason for the police to get involved, but hey, I'm naive.

You can debate your form of logic all day long. It is wrong. The DC police tried to do the minimum legal damage they could to you given the circumstances. Forget your beliefs. You need a lawyer and you need one fast. The argument you have is not going to get you out of this charge. You need a legal professional who understands the significance of this. Given the circumstances, they might be able to get you a reduced charge or deferred prosecution pending probation and community service.

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Quoting jk

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Ok, here is is in a nutshell:

you did something really stupid. You broke the law. You are lucky if the is the only charge filed against you. You have no valid defense and your hypothetical situations are meaningless.


is that what you wanted?

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I'll admit, I'm new here, but isn't the point of this forum promote discussion of the law and free legal help? If you can't answer the question in my hypothetical scenario, maybe someone else can. At the end of the day, we're here to try to obtain a better understanding of the law.

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Quoting Disagreeable

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You can debate your form of logic all day long. It is wrong. The DC police tried to do the minimum legal damage they could to you given the circumstances. Forget your beliefs. You need a lawyer and you need one fast. The argument you have is not going to get you out of this charge. You need a legal professional who understands the significance of this. Given the circumstances, they might be able to get you a reduced charge or deferred prosecution pending probation and community service.

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Thank you for your response. I'll look into it.

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Quoting arrestedatthezoo

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I just couldn't see a reason for the police to get involved, but hey, I'm naive.

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I don't think the proper word is naive.



if you were not, well, I'll stick with naive, you would have sat down when the police told you to but you didn't because you are, again, I'll stick with naive.

but the reason the police got involved is because you didn't reluctantly sit down after making a fool of yourself. You continued making a fool of yourself to the point of breaking the law.

was it worth it?

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Quoting arrestedatthezoo

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I'll admit, I'm new here, but isn't the point of this forum promote discussion of the law and free legal help? If you can't answer the question in my hypothetical scenario, maybe someone else can. At the end of the day, we're here to try to obtain a better understanding of the law.

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Thank you for your response. I'll look into it.

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Your hypothetical (and totally unrealistic) question has nothing to do with your situation. Why you continue to toss it out there like it has some value is further proof of you being......naive,

Here's some court advice:

Stand when the judge comes in, then promptly sit back down. THEN, only stand when requested to do so.

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Quoting souperdave

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Here's some court advice:

Stand when the judge comes in, then promptly sit back down. THEN, only stand when requested to do so.

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and only as long as the court invites you to stand.




if we had a like button.....:encouragement::encouragement: