This section contains the nature of the case and procedural background.

D 'did enter upon the private land of the Frederick City Housing Authority known as the Sagner Housing Complex after having been duly notified not to do so on March 22, 1997….' The petition also alleged that D unlawfully resisted the arrest. Ham, the Executive Director of the Housing Authority, testified that the Sagner complex is owned and operated by the Housing Authority as part of Frederick's public housing program. She explained that portions of the complex are designated as no-trespassing areas. A no-trespassing sign had been posted in front of 153 Pennsylvania Avenue, one of the buildings in the complex. Pursuant to a resolution passed by the Housing Authority Board of Commissioners in July 1994, members of the Frederick Police Department were authorized to enforce the no-trespassing laws on behalf of the Housing Authority. Frederick City Police Officer Fry found D who was standing by 153 [Pennsylvania Avenue and 'asked D if he resided on the property….' When Jason said he did not, Officer Fry issued a written notice to D stating that he 'was not permitted on the property.' Officer Fry further stated that D signed the notice and acknowledged that he understood that he was not to return to the property. When the notice was issued, D was just 'standing there.' On the evening of September 22, 1997, D was arrested twice for trespassing. The first arrest did not occur on the property, nor did the arresting officer witness D commit any offense on the grounds. After the officer transported D to the police station, he was processed, released to his parents, and instructed not to return to the property. D returned to the property, and an Officer was again dispatched. D was found standing on the curb with 5 or 6 others, which was the property of the Housing Authority of the City of Frederick. No one had any idea of whether D had been invited onto the property. It was determined at trial that the no trespassing notice supersedes the lease provision for guests. Brandon Morris, D's cousin, lived at the complex with his mother and brothers. Morris did not know of the Housing Authority's policy that automatically barred re-entry by any person who had received a no-trespassing notice. D was Morris's guest when D was arrested. According to Morris, he and D, along with two other friends, were talking with one another when the police arrived. D and his mother had resided there for approximately ten years and had moved from the complex in 1996. D was visiting his cousin on both occasions when he was arrested. D also claimed both officers told him he was welcome back on the property as long as he was invited by someone who lived there. P took the position that once D got the first notice, he was never permitted back again. D was found guilty and appealed.

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