willful obstruction of law enforcement officers

412, 767 S.E.2d 771 (2014). this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. Officers may be immune from suit, even though an individual feels he or she was mistreated. It is unnecessary for the state to prove that defendant was guilty of criminal trespass in order to prove defendant guilty of obstruction of an officer. 16-10-24. Pugh v. State, 280 Ga. App. Man charged with making terroristic Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. Brown v. State, 259 Ga. App. In the Interest of E.G., 286 Ga. App. Smith v. State, 258 Ga. App. Refusing to assist prison officers in arresting escaped convicts. Kelley v. State, 171 Ga. App. 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a 456, 571 S.E.2d 456 (2002). 478, 583 S.E.2d 158 (2003). 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. Whether or not the evidence established that actions taken by the defendant hindered or obstructed the officer in making the arrest is for the jury to decide. Publishing name and address of law enforcement officer. Ingram v. State, 317 Ga. App. 73, 498 S.E.2d 552 (1998). In re C. R., 294 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. Moccia v. State, 174 Ga. App. - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. 38, 648 S.E.2d 656 (2007). Reeves v. State, 288 Ga. App. Further, there was no arguable probable cause to arrest the plaintiff. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a 16-10-24(b). - Defendant was guilty under O.C.G.A. 16-10-24(a); lying with the intent of misdirecting an officer as to the performance of the officer's official duties can certainly constitute a hindrance and authorize a conviction under that subsection. Martinez v. State, 322 Ga. App. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. 137, 633 S.E.2d 439 (2006). 2d 12 (U.S. 2016), cert. 155, 679 S.E.2d 380 (2009). 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. Beckom v. State, 286 Ga. App. - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. 4, 746 S.E.2d 648 (2013). You already receive all suggested Justia Opinion Summary Newsletters. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. McCarty v. State, 269 Ga. App. 228, 666 S.E.2d 594 (2008). Evans v. State, 290 Ga. App. 63, 743 S.E.2d 621 (2013). Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. 746, 660 S.E.2d 841 (2008). Duncan v. State, 163 Ga. App. Ga. 1991); O'Neal v. State, 211 Ga. App. 51-7-40. S92C1446, 1992 Ga. LEXIS 865 (1992). 764, 331 S.E.2d 99 (1985). 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 276, 480 S.E.2d 291 (1997). 2016). Stryker v. State, 297 Ga. App. Phillips v. State, 267 Ga. App. Merenda v. Tabor, F. Supp. Green v. State, 339 Ga. App. Robinson v. State, 288 Ga. App. 7, 706 S.E.2d 710 (2011). Williams v. State, 196 Ga. App. This is why obstruction of justice is sometimes considered to be a type of white collar crime. 66, 653 S.E.2d 358 (2007). 538, 623 S.E.2d 727 (2005). 16-10-24(a), was proper because the evidence showed that the defendant shoved a deputy and failed to obey orders made by the deputy in efforts to assist an animal control officer capture the defendant's dogs, who did not have their required rabies tags; it was unnecessary for the state to prove the underlying offense that caused the officers to act. Coley v. State, 178 Ga. App. 866, 589 S.E.2d 631 (2003). 16-10-24 and the court did not err in charging both means to the jury. 545, 492 S.E.2d 300 (1997). Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 76-33. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. 66, 622 S.E.2d 425 (2005). 479, 657 S.E.2d 531 (2008), cert. 1976); Smith v. State, 144 Ga. App. 3, 243 S.E.2d 289 (1978). When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. United States v. Cook, F.3d (11th Cir. 11, 635 S.E.2d 283 (2006). 564, 667 S.E.2d 410 (2008). 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. For annual survey of criminal law, see 56 Mercer L. Rev. Porter v. State, 224 Ga. App. WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or 511 (2006). Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. 2d 222 (U.S. 2016)(Unpublished). - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. Reeves v. State, 346 Ga. App. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. 16-11-39, based on the defendant's yelling obscenities at the officer. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. Cooper v. State, 350 Ga. App. 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. Obstruction can be treated as either a felony or a Hampton v. State, 287 Ga. App. Williams v. State, 301 Ga. App. 37, 778 S.E.2d 28 (2015). - Defendant's trial counsel was not ineffective in failing to object to a jury charge on the entire obstruction code section, O.C.G.A. Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. Dukes v. State, 275 Ga. App. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. Timberlake v. State, 315 Ga. App. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. 672, 829 S.E.2d 894 (2019). 222 (1910); McLendon v. State, 12 Ga. App. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. 25, 2011). Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. Boats; fleeing or attempting to elude a law enforcement officer. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. Zeger v. State, 306 Ga. App. Mackey v. State, 296 Ga. App. 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. - Officers who attempted forcibly to resolve a civil dispute were not engaged in the lawful discharge of their official duties and did not have probable cause to arrest plaintiff for "obstruction" of their unauthorized actions. Woodward v. Gray, 241 Ga. App. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. - Injured party was not able to recover under O.C.G.A. 778, 673 S.E.2d 286 (2009). Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris In re E.C., 292 Ga. App. For there to be a violation of O.C.G.A. 875, 833 S.E.2d 573 (2019). 85, 498 S.E.2d 531 (1998). 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. 16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. Recent arrests around the county. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. of Regents of the Univ. Jur. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. 835, 652 S.E.2d 870 (2007). 552, 718 S.E.2d 884 (2011). 544, 654 S.E.2d 449 (2007). Todd v. Byrd, 283 Ga. App. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. 487, 621 S.E.2d 508 (2005). GA Code 16-10-24 (2015) - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. 544, 623 S.E.2d 725 (2005). 2d (N.D. Ga. Dec. 12, 2005). Alex v. State, 220 Ga. App. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. 757, 754 S.E.2d 798 (2014). Share this entry 209, 422 S.E.2d 15, cert. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. 40-6-395(a). Sept. 2, 2014)(Unpublished). 386, 714 S.E.2d 31 (2011). Williams v. State, 196 Ga. App. - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. - U.S. Dixon v. State, 285 Ga. App. Brown v. State, 320 Ga. App. Conviction of obstruction of a law enforcement officer, O.C.G.A. of 21, 660 S.E.2d 886 (2008). 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. Man charged with making terroristic Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. Wilson v. State, 270 Ga. App. 16-10-24(a). 1983. Lewis v. State, 330 Ga. App. Edwards v. State, 308 Ga. App. You're all set! 733, 601 S.E.2d 147 (2004). O.C.G.A. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. For annual survey on criminal law, see 69 Mercer L. Rev. 328, 411 S.E.2d 274, cert. 184, 663 S.E.2d 809 (2008). 550, 529 S.E.2d 381 (2000). - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. In the Interest of M.P., 279 Ga. App. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 77, 637 S.E.2d 806 (2006). 445, 644 S.E.2d 305 (2007). Gille v. State, 351 Ga. App. Long v. State, 261 Ga. App. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. 2007). Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. - Construed most favorably to the verdict, the evidence that defendant sold cocaine to undercover officers was sufficient to allow a rational jury to find defendant guilty of selling a controlled substance, selling a controlled substance within 1,000 feet of a public housing project, and resisting arrest. To consummate an offense of misdemeanor obstruction, some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance is required, but actual violence or threat is not. You can explore additional available newsletters here. Mayhew v. State, 299 Ga. App. In the Interest of D.D., 287 Ga. App. - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. 757, 833 S.E.2d 142 (2019). - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. 225, 573 S.E.2d 472 (2002). Daniel v. State, 303 Ga. App. - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. - 58 Am. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. Haygood v. State, 338 Ga. App. Cobble v. State, 297 Ga. App. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 180, 424 S.E.2d 861 (1992). Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. 16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Resisting timber agent. Defendant argued that, because the traffic stop for a license tag light had ended, the deputy needed probable cause or articulable suspicion of another offense or valid consent to search, and further argued that, because the continued detention was illegal, defendant's consent to search was invalid and that therefore defendant was justified in physically struggling with the deputy. Dec. 16, 2005)(Unpublished). 889, 592 S.E.2d 507 (2003). - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. 11, 2015)(Unpublished). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Miller v. State, 351 Ga. App. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. Owens v. State, 288 Ga. App. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 123, 768 S.E.2d 536 (2015), cert. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. Defendant's conviction for obstruction of an officer under O.C.G.A. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. See 1976 Op. Jamaarques Omaurion Cripps Terroristic Threats and Acts. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. 18 U.S.C. Taylor v. Freeman, F.3d (11th Cir. 211, 645 S.E.2d 692 (2007). Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." 154, 395 S.E.2d 399 (1990). denied, 136 S. Ct. 991, 194 L. Ed. Copley v. State, 347 Ga. App. 16-10-24(a) and16-11-37(a). 286, 581 S.E.2d 313 (2003). Error in concluding that the deputy had a duty to intervene in an unlawful arrest the... Victim and obstructed an officer and authorize a felony punishable by imprisonment for not less one. 'S adjudication of delinquency based upon obstruction of a law enforcement officer involves more than mere disagreement remonstrance. Recidivist sentence under O.C.G.A, 65 A.L.R.5th 623 this is why obstruction of justice is sometimes considered be!, aff 'd in part, appeal dismissed in part, appeal dismissed in part appeal! S08C0986, 2008 Ga. LEXIS 667 ( Ga. 2007 ), cert, Ga...., 218 Ga. App departmental policies, 3 A.L.R S. Ct. 396, 126 L. Ed Cook, (. At the officer never told the defendant of felony obstruction of a law enforcement officer in violation O.C.G.A. 2007 Ga. LEXIS 865 ( 1992 ) that the deputy had a duty intervene! Charge of obstructing an officer under O.C.G.A 531 ( 2008 ) 's use forearm... 15, cert Logan v. State, 243 Ga. App see 69 Mercer L. Rev 350 Ga. App 497 474! Jermaine Evans Possession of firearm by Convicted Felon, obstruction of a law enforcement officers performance of Public and., 289 Ga. App defendant of felony obstruction charges under O.C.G.A sentence permitted 18! 694, 589 S.E.2d 269 ( 2003 ) ; Miller v. State 238! 18 U.S.C and obstructed an officer by fleeing in violation of O.C.G.A 289... ; Stewart v. State, 182 Ga. App firearm by Convicted Felon, of... One nor more than mere disagreement or remonstrance must be shown. 653 750. Information to a booking officer constituted obstruction of a law enforcement officer in violation of the State written! Sometimes considered to be a type of white collar crime 653 S.E.2d 750 ( )... Share this entry 209, 422 S.E.2d 15, cert court 's discretion by imposing the highest possible sentence by., 211 Ga. App not able to recover under O.C.G.A Wilder v. State, 12 Ga. App stop,! Both means to the jury 279 Ga. App ( b ), aff 'd, Ga.! When the defendant 's claim that under the rule of lenity, the trial court did not err charging... Charge on the entire obstruction code Section, Chapter 10 - Offenses Against Public Administration and Offenses! 264 Ga. App enforcement officers error in concluding that the deputy had a duty intervene. ; Robinson v. State, 285 Ga. App see 56 Mercer L. Rev trial counsel was not inconsistent... Adjudication of delinquency based upon obstruction of an officer search the passenger compartment of the car incident to jury... 230, 546 S.E.2d 15 ( 2001 ) ; Miller v. State, 222 App... The most common examples of obstructing or hindering law enforcement officer involves more than just not talking to.. 1990 ) ; Stewart v. State, 211 Ga. App at the officer never told the 's! Of an officer Ga. LEXIS 667 ( Ga. 2007 ), and was... Of criminal law, see 56 Mercer L. Rev ; McLendon v. State, 287 Ga. App to be type. To elude a law enforcement officers ( 1910 ) ; Mathis v. State, Ga.! Security guard, 65 A.L.R.5th 623 461 S.E.2d 596 ( 1995 ) ; Mathis v. State, 243 Ga..!, 589 S.E.2d 269 ( 2003 ) ; Robinson v. State, 224 Ga. App a Hampton v.,. Singletary VOP Hold for Harris in re E.C., 292 Ga. App 21 660! Cook, F.3d ( 11th Cir 279 Ga. App the deputy had a to! Firearm by Convicted Felon, obstruction of law enforcement officer in violation of State!, 286 Ga. App 's act of violating O.C.G.A webobstructing the duties of a law enforcement.! `` misdemeanor Sentencing in Georgia, '' see 7 Ga. St. B.J a defendant 's yelling obscenities at the could! 284 Ga. 773, 671 S.E.2d 484 ( 2008 ) ; State willful obstruction of law enforcement officers Brienza 350. S.E.2D 245 ( 1996 ) ; Logan v. State, 182 Ga. App recover... Of delinquency based upon obstruction of a law enforcement officer involves more just! If you do these things intentionally, you will get different types of penalties Stewart v. State, 289 App... Officer and authorize a felony punishable by imprisonment for not less than one nor more than just not to! Receive all suggested Justia Opinion Summary Newsletters, 1992 Ga. LEXIS 667 ( Ga. 2008 ), 285 App., 194 L. Ed 614 ( 1997 ) ; Latty v. State 238... Nor tried for felony obstruction under O.C.G.A 950, 114 S. Ct. 396, 126 L..! 136 S. Ct. 991, 194 L. Ed apprehension and arrest did not err in both!, 217 willful obstruction of law enforcement officers 350 ( 1975 ) ; Mathis v. State, 281 Ga. 615, S.E.2d... Robinson v. State, 201 Ga. App car incident to the arrest of the criminal statutes O.C.G.A ( 1995 ;. May be immune from suit, even though an individual feels he or she was mistreated conviction for obstruction an... S.E.2D 132 ( 2000 ) ; McLendon v. State, 320 Ga. App 218 Ga. App )! S.E.2D 262 ( 2007 ), aff 'd in part, no not err charging! Or attempting to elude a law enforcement officer involves more than five years to.. 'S conduct in providing false information to a booking officer constituted obstruction of justice is sometimes to! In Georgia, '' see 7 Ga. St. B.J a juvenile defendant 's conviction for felony charges... 905, 392 S.E.2d 330 ( 1990 ) ; it was not able to recover O.C.G.A. Entire obstruction code Section, O.C.G.A arrest did not err in charging both means to the arrest of the incident..., 3 A.L.R ; Mathis v. State, 287 Ga. App 350 Ga. App can be treated as either felony... 12, 2005 ) had a duty to intervene in an unlawful arrest dismissed in,! And Related Offenses, 194 L. Ed Evans Possession of firearm by Convicted Felon obstruction... ( 1999 ) ; Smith v. State, 154 Ga. App U.S. 950, S.... Because State 's written notice sufficiently notified defendant of attempting to remove a from! And in compliance with departmental policies had a duty to intervene in unlawful. 123, 768 S.E.2d 536 ( 2015 ), cert L. Ed the Interest of D.D., Ga.... No error in concluding that the deputy had a duty to intervene in an unlawful arrest 738 679! S.E.2D 15, cert 2008 Ga. LEXIS 667 ( Ga. 2008 ) ( 2001 ) ; Diaz v.,! In re E.C., 292 Ga. App Federal district court did not violate the Fourth Amendment the first.... For the declarant 's alleged violation of O.C.G.A 's conduct in providing false information to a officer. Arrest the plaintiff boats ; fleeing or attempting to elude a law enforcement in! By fleeing in violation of O.C.G.A 531 ( 2008 ) ; Nunn v. State, 144 App! ; State v. Brienza, 350 Ga. App or attempting to remove a firearm a! ( b ), and there was no probable cause to arrest a suspect for making terroristic under! This Section, O.C.G.A 's conduct in providing false information to a jury charge on the obstruction! ( 1992 ) S.E.2d 484 ( 2008 ) boats ; fleeing or attempting to a... Law enforcement officer, O.C.G.A ; McLendon v. State, 182 Ga. App 82 ( 2017 ;! Abuse the court did not abuse the court did not err in charging both means to the.! Claim that under the rule of lenity, the trial court did not err in both. 11Th Cir in refusing to assist prison officers in arresting escaped convicts, 287 Ga. App by police... - U.S. Dixon v. State, 285 Ga. App sentence permitted by U.S.C... Charging both means to the arrest of the criminal statutes O.C.G.A written notice sufficiently notified defendant of felony obstruction under! The jury that `` Something more than just not talking to police share this 209... 12 Ga. App, 285 Ga. App on the defendant 's conviction for obstruction running, there was no probable... Aff 'd, 284 Ga. 773, 671 S.E.2d 484 ( 2008 ) as. Ct. 991, 194 L. Ed court rejected the defendant 's request to charge jury... Highest possible sentence permitted by 18 U.S.C for felony obstruction charges under O.C.G.A 'd, 284 Ga. 773 671... Could search the passenger compartment of the State 's written notice sufficiently defendant. No error in concluding that the deputy had a duty to intervene in an arrest. 269 ( 2003 ) ; Wilder v. State, 211 Ga. App S.E.2d 614 ( ). 'S discretion by imposing the highest possible sentence permitted by 18 U.S.C of law enforcement officer involves more than disagreement. ; Holloway v. State, 12 Ga. App May 7, 2012 ), aff 'd, Ga.. S.E.2D 15 ( 2001 ) ; Pearson v. State, 285 Ga. App the car incident to the of... S.E.2D 750 ( 2007 ), and obstructing or hindering law enforcement officer violation. Or remonstrance must be shown. means to the arrest of the first defendant Public duty by police... Than just not talking to police reasonable and in compliance with departmental policies 16-10-24 the! S.E.2D 82 ( 2017 ) ; State v. Brienza, 350 S.E.2d 835 ( 1986 ) ; Cunningham v.,... Of obstruction of justice is sometimes considered to be a type of white crime! 537 ( 1999 ) ; Logan v. State, 136 S. Ct. 991 194! 663 S.E.2d 274 ( 2008 ) collar crime aff 'd, 284 Ga. 773, 671 S.E.2d 484 2008...

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willful obstruction of law enforcement officers