Former Iowa Football Player Charged with Disorderly Conduct for Loud Music
Over the weekend, the Iowa City Police Department issued former Iowa football playerMicah Hyde a ticket for “disorderly conduct.”This “disorderly conduct” incident was initiated when a neighbor called the Iowa City police around 2:45 A.M. complaining of a loud music at Hyde’s house.Unfortunately, this is not Hyde’s first run-in with thelaw.Back in October he was arrested for public intoxication and interference with official acts.He pled guilty to the interference charge and paid a fine of nearly $400, but he is planning on fighting both the public intoxication charge and the disorderly conduct charge in court.Since we have already discussed public intoxication in a previouspost, let’s take a look at the disorderly conduct charge.
Under Iowa Code § 723.4, a person can commit the simple misdemeanor of disorderly conduct in several ways.The Iowa City police probably issued Hyde a ticket based onsubsection2, which states that a person commits disorderly conduct when he or she:
“Makes loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.”
In Hyde’s case, it could be argued that his alleged behavior fits this definition.His loud music was arguably “loud noise,” and it was being played arguably “in the vicinity of any residence” (i.e. his neighbor’s house).However, it may be of significance that Hyde was playing the music from within the privacy of his own home–it wasn’t like he was standing with a boom box in his neighbor’s front yard a la John Cusack in Say Anything.Furthermore, the element in which Hyde seems to have the strongest argument is the “causes unreasonable distress” element.Without knowing the specific facts of his case, it’s hard to say for sure; but it would seem difficult to prove that the neighbor suffered unreasonable distress based on Hyde playing his music too loud on one occasion.
It looks like we will have to wait until January to see how Hyde’s disorderly conduct charge plays out.In the meantime, for more information on this charge or others, please visit us at the Stowers Law Firm.