Anti-Loitering/Drug
Free Zone
The
Anti-Loitering/Drug Free Zone Act of 1996 (DC Law 11-270) provides
police officers with an additional tool to protect the public from
dangers associated with the sale, purchase or use of illegal drugs.
The law provides that, while a Drug Free Zone is in effect, it will
be unlawful for a group of two or more persons to congregate in
a public space or property in that area for the purpose of participating
in the use, purchase or sale of illegal drugs.
A Drug Free
Zone may be established by the Chief of Police, provided it meets
certain criteria, particularly that there have been a disproportionately
high number of drug-related crimes in that area. The Anti-Loitering/Drug
Free Zone will last no more than 120 hours (five days), and the
area will be clearly identified, with signs posted along the perimeter,
as well as within the zone.
While the area
is designated as a Drug Free Zone, any group of two or more persons
congregating on public space for the purpose of participating in
the use, purchase, or sale of illegal drugs within the boundaries
of the zone, and who fails to disperse after being instructed to
do so by a uniformed officer of the MPDC, will be subject to arrest.
An arrest under the “Anti-Loitering/Drug Free Zone Act of
1996” can result in a fine of not more than $300, imprisonment
for not more than 180 days, or both.
Criteria
for Determining a Drug Free Zone
In determining whether to designate a Drug Free Zone, the Chief
of Police shall consider the following:
- The occurrence
of a disproportionately high number of arrests for the possession
or distribution of illegal drugs in the proposed Drug Free Zone
within the preceding six-month period
- Any number
of homicides related to the possession or distribution of illegal
drugs that were committed in the proposed Drug Free Zone
- Objective
evidence or verifiable information that shows that illegal drugs
are being sold and distributed on public space on public property
within the proposed Drug Free Zone
- Any other
verifiable information from which the Chief of Police may ascertain
whether the health or safety of residents who live in the proposed
Drug Free Zone are endangered by the purchase, sale, or use of
illegal drugs or other illegal activity
Designating
Drug Free Zone
Once a Drug Free Zone has been declared by the Chief of Police,
the MPDC will mark each block within the area by using barriers,
tape or police officers. The posted information will contain the
following details:
- The boundaries
of the Drug Free Zone
- A statement
of the effective dates of the Drug Free Zone designation (not
to last more than 5 days)
- A statement
that it is unlawful for a group of two or more persons to congregate
for the purposes of participating in the use, purchase, or sale
of illegal drugs within the boundaries of the Drug Free Zone.
Additionally, the postings will state that it is illegal if a
group fails to disperse after being instructed to do so by a member
of the MPDC who reasonably believes members of the group are congregating
for the purpose of participating in the use, purchase, or sale
of illegal drugs
Violations
of the Anti-Loitering/Drug Free Zone Act
Essentially, any group of two or more persons congregating in a
Drug Free Zone for the purpose of participating in the use, purchase,
or sale of illegal drugs is violating the Anti-Loitering/Drug Free
Zone Act. Additional circumstances that may be used in determining
that a person or group is violating the Anti-Loitering/Drug Free
Zone Act would include the following:
- Conducting
oneself in a manner that would lead police to believe that the
person is engaging or about to engage in illegal drug activity.
Examples of such conduct may include:
- Observable
distribution of small packages to other persons
- The receipt
of currency for the exchange of a small package
- Operating
as a lookout
- Warning
others of the arrival of police
- Concealing
himself or herself or any object which reasonably may be connected
to unlawful drug-related activity
- Engaging
in any other conduct normally associated by law enforcement
agencies with the illegal distribution or possession of drugs
- Information
from a reliable source indicating that a person being observed
routinely distributes illegal drugs within the Drug Free Zone
- Information
from a reliable source indicating that a person being observed
is currently engaging in illegal drug-related activity within
the Drug Free Zone
- A person
is physically identified by the officer as a member of a gang
or association which engages in illegal drug activity
- A person
is a known unlawful drug user, possessor or seller, as indicated
by a drug conviction within the past two years or the person displays
physical characteristics of drug use (for example, “needle
tracks”)
- Such person
has no other apparent lawful reason for congregating in the Drug
Free Zone, such as waiting for the bus or being near one’s
own residence
Enforcing
the Anti-Loitering/Drug Free Zone Act
If a person or persons are in violation of the Anti-Loitering/Drug
Free Zone Act, they will be informed by an officer that they are
in a Drug Free Zone. They will then be informed that they should
disperse and depart within a reasonable timeframe, clearly specified
in minutes, before any arrests are made.
It is illegal
for members of a group to continue to congregate on public space
in the Drug Free Zone after being instructed to disperse. Failure
to obey the officer’s instruction will result in arrest without
a second warning. This holds true if they regroup and continue to
congregate in any public space within the boundaries of the Drug
Free Zone. Any person who violates the act shall, upon conviction,
be subject to a fine of up to $300, imprisonment for up to 180 days,
or both.
Acceptable
Group Activities
All acceptable group activities are, and continue to be, lawful
within the Drug Free Zone. Examples of some activities in which
people may participate as a group that do not violate the Anti-Loitering/Drug
Free Zone Act include:
- Distributing
campaign literature
- Collecting
names on petitions
- Soliciting
community support
- Discussing
political or religious topics
- Meetings
for other lawful civil or personal associations
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