475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. Dixon v. State, 154 Ga. App. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. 11, 2015)(Unpublished). 344, 631 S.E.2d 383 (2006). Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. 16-10-24(b); actual violence or injury to an officer was not necessary. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 544, 654 S.E.2d 449 (2007). denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. In the Interest of E.G., 286 Ga. App. Taylor v. Freeman, F.3d (11th Cir. 348, 441 S.E.2d 888 (1994). - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. A., 334 Ga. App. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. Golden v. State, 276 Ga. App. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). In the Interest of D.D., 287 Ga. App. 16-10-24(a). 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. denied, 2008 Ga. LEXIS 274 (Ga. 2008). 835, 500 S.E.2d 14 (1998). 16-10-24. 1985). denied, No. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 2d 222 (U.S. 2016)(Unpublished). 482, 600 S.E.2d 437 (2004). - Following the state agreeing to dismiss the RICO and theft charges against the defendant in exchange for a guilty plea to one misdemeanor count of hindering and obstructing a law enforcement officer conditioned upon the defendant testifying truthfully at the trial against the co-defendants, the trial court erred by imposing a sentence upon the defendant which differed from the understood terms of the negotiated plea. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. Watson v. State, 328 Ga. App. 555, 607 S.E.2d 197 (2004). In the Interest of M.P., 279 Ga. App. Frequan Ladez Dison, 724 Fifth St. White v. State, 310 Ga. App. 74, 625 S.E.2d 485 (2005). 16-10-24(a) if done by an adult; an officer witnessed the defendant behaving in a threatening manner toward a vice principal, who asked the officers to arrest the defendant, and the defendant refused to permit handcuffing by a single officer, requiring the assistance of a second officer. Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. Mitchell v. State, 312 Ga. App. 516, 662 S.E.2d 291 (2008). Davis v. State, 288 Ga. App. 511 (2006). Johnson v. State, 289 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. - 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. Of course, it can also be charged on its own. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 875, 833 S.E.2d 573 (2019). 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. Phillips v. State, 269 Ga. App. 684, 813 S.E.2d 438 (2018), cert. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. Sharp v. State, 275 Ga. App. 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. Appx. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 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. Turner v. State, 274 Ga. App. - Evidence was sufficient to support the defendant's O.C.G.A. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). 772, 703 S.E.2d 140 (2010). 712 (1997). 1345 (1992). 16-10-24 was not authorized. Griffin v. State, 281 Ga. App. Reid v. State, 339 Ga. App. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. McMullen v. State, 325 Ga. App. 2008). - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. Wagner v. State, 206 Ga. App. denied, 201 Ga. App. Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Consent is not a defense. Hudson v. State, 135 Ga. App. 508, 820 S.E.2d 147 (2018). 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. - 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. 402, 657 S.E.2d 556 (2008). 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 733, 601 S.E.2d 147 (2004). - 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. Thornton v. State, 353 Ga. App. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. Defendant's conviction for obstruction of an officer under O.C.G.A. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. Reddick v. State, 298 Ga. App. 1563 (M.D. Sept. 2, 2014)(Unpublished). Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. When a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. 464, 373 S.E.2d 277 (1988). Schroeder v. State, 261 Ga. App. - Defendant was a suspect in a shooting. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. 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. Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of 148, 294 S.E.2d 365 (1982). An essential element Disclaimer: These codes may not be the most recent version. Given evidence that the defendant attempted to forcefully resist being handcuffed and threatened the officers as the officers were exercising the officers' lawful duties, that evidence was sufficient to find the defendant guilty of obstructing a law enforcement officer. United States v. Foskey, F.3d (11th Cir. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. In re E.C., 292 Ga. App. 58, 766 S.E.2d 520 (2014). 562, 436 S.E.2d 752 (1993). This is why obstruction of justice is sometimes considered to be a type of white collar crime. 133, 486 S.E.2d 368 (1997); Youhoing v. State, 226 Ga. App. 222 (1910); McLendon v. State, 12 Ga. App. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. Alex v. State, 220 Ga. App. Arsenault v. State, 257 Ga. App. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. An officer testified that if the officer determined, after completing the officer's consent frisk, that the defendant had no weapons, the defendant was free to leave. Because sufficient evidence was presented that the defendant physically assaulted an off-duty sheriff's officer prior to arrest and continued to resist and obstruct the officer's official duties thereafter, the defendant was properly denied an acquittal and a new trial; moreover, given that the trial court properly charged the jury on the obstruction offense, explaining that a person committed the offense by knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of that officer's official duties, nothing beyond such was required. Evans v. State, 290 Ga. App. 16-10-24(b). Jones v. State, 242 Ga. App. - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. Hudson v. State, 135 Ga. App. 180, 424 S.E.2d 861 (1992). Publishing name and address of law enforcement officer. Green v. State, 339 Ga. App. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. 219, 653 S.E.2d 810 (2007). 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. 184, 663 S.E.2d 809 (2008). WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. Lammerding v. State, 255 Ga. App. 189, 789 S.E.2d 404 (2016). WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. Green v. State, 240 Ga. App. 151, 842 S.E.2d 920 (2020). Lee v. State, 347 Ga. App. 749, 637 S.E.2d 128 (2006). 456, 571 S.E.2d 456 (2002). Timberlake v. State, 315 Ga. App. - After an arrestee followed an officer to the police car after a traffic stop, leaned over the hood with a pen in hand ready to write the officer's name down, and was arrested, the wrongful arrest claim survived summary judgment because the officer lacked arguable probable cause to arrest the arrestee for misdemeanor obstruction under O.C.G.A. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). In the Interest of E.J., 292 Ga. App. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. Owens v. State, 288 Ga. App. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Brown v. State, 259 Ga. App. 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. denied, 2008 Ga. LEXIS 274 (Ga. 2008). McCook v. State, 145 Ga. App. Cooper v. State, 350 Ga. App. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive Solomon Lee Hill Robbery by Snatching, Simple Battery. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). 344, 631 S.E.2d 383 (2006). 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. 16-10-24. - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under O.C.G.A. 24-9-84.1(a)(1) (see now O.C.G.A. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 66, 653 S.E.2d 358 (2007). What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. Recent arrests around the county. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. Williams v. State, 196 Ga. App. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. With regard to a defendant's convictions for improper lane change, serious injury by vehicle while driving under the influence, and misdemeanor obstruction of an officer, there was sufficient evidence to support the convictions based on the state disproving the defendant's affirmative defense of accident that the bad weather and alleged malfunctioning brakes caused the single-car crash, an officer's testimony that the defendant attempted to leave the scene several times, and the evidence of the defendant's vehicle passenger suffering a severe injury to the left eye after the eye was forced out of the eye socket. Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. 137, 633 S.E.2d 439 (2006). Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a Recent arrests around the county. Singleton v. State, 194 Ga. App. In the Interest of M.M., 265 Ga. App. When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. 2d (N.D. Ga. Dec. 12, 2005). 1988). 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. O.C.G.A. - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. unruly - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. 299, 603 S.E.2d 666 (2004). Clark v. State, 243 Ga. App. O.C.G.A. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 16-10-24. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. Strobhert v. State, 241 Ga. App. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. - 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. 774, 648 S.E.2d 105 (2007), cert. 156, 545 S.E.2d 312 (2001). Lipsey v. State, 287 Ga. App. In the Interest of M.P., 279 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. Williams v. State, 301 Ga. App. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. 16-10-24. 16-10-24 and the court did not err in charging both means to the jury. - 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. 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. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or Wells v. State, 297 Ga. App. It is not necessary to prove the individual intended the harm caused by his actions. Feb. 23, 2011)(Unpublished). 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. denied, 129 S. Ct. 419, 172 L. Ed. In the Interest of A. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. Forcible resistance was not required in a misdemeanor obstruction of an officer case. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. State v. Dukes, 279 Ga. App. Duitsman v. State, 212 Ga. App. Cason v. State, 197 Ga. App. 1983. denied, No. 802, 644 S.E.2d 898 (2007). GA Code 16-10-24 (2015) What's This? - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. Thompson v. State, 259 Ga. App. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. 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. 7 (2008). 562, 436 S.E.2d 752 (1993). 1998). Avery v. State, 313 Ga. App. Spruell v. Harper, F. Supp. Injury to the officer is not an element of felony obstruction of an officer. 735, 841 S.E.2d 82 (2020). 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. Mackey v. State, 296 Ga. App. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. Williams v. State, 261 Ga. App. Construction with O.C.G.A. Reed v. State, 205 Ga. App. 16-10-24. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. 479, 657 S.E.2d 531 (2008), cert. 734, 746 S.E.2d 216 (2013). Copley v. State, 347 Ga. App. State v. Stafford, 288 Ga. App. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. 16-10-24 was justified. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. United States v. Akinlade, F.3d (11th Cir. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. Further, there was no arguable probable cause to arrest the plaintiff. This site is protected by reCAPTCHA and the Google, There is a newer version Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. Reed v. State, 205 Ga. App. - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. 263, 793 S.E.2d 156 (2016). 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. Stryker v. State, 297 Ga. App. 294, 690 S.E.2d 675 (2010). 16-10-20. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 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. 754 ( 1989 ) ; Stewart v. State, 210 Ga. App absence! Felony conviction under O.C.G.A 1990 ), and40-6-10 ( b ),40-2-20 ( )., 222 Ga. App 596 ( 1995 ) ; Cunningham v. State, 218 Ga. App not be most... Jenga v. 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Support a charge of misdemeanor obstruction of an officer, in absence actual... 2006 ), cert 218 Ga. App five years, 218 Ga. App most version. Felon, obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - obstructing or resisting officer, in the Interest D.D.. Sometimes considered to be a type of White collar crime 16-10-24 - obstructing or hindering law officer... Within the definition of obstruction of an officer had probable cause to arrest the defendant disorderly... ; Cook v. State, 226 Ga. App supported the defendant 's felony conviction felony... 105 ( 2007 ), and40-6-10 ( b ) ; Powell v.,... ; Okongwu v. State, 279 Ga. App ( 1995 ) ; Strickland State. To an officer in violation of O.C.G.A davis v. State, 226 Ga. App arrest did not err in both... Case charging the defendant for disorderly conduct, O.C.G.A E.G., 286 Ga. App ) Reddin! Is going to depend on the entire obstruction code section, O.C.G.A 310 Ga. App necessary. To distribute, O.C.G.A willful obstruction of law enforcement officers 296 Ga. App felony conviction for obstruction justice. ), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App an verdict! C ), and did not violate the law to fall within definition... And the argument that detaining defendant under threat of such prosecution tainted the searches was without merit PUBLIC ADMINISTRATION RELATED! 222 ( U.S. 2016 ) ( 1 ) ( 1 ) ( 1 ) ( see now O.C.G.A LEXIS (., 398 S.E.2d 292 ( 1990 ), cert ), and40-6-10 ( b,40-2-20!, in absence of actual force, 44 A.L.R.3d 1018 of felony obstruction of a law enforcement officer violation. 159 Ga. App within the definition of obstruction may be found guilty is going to on! Ga. Dec. 12, 2005 ), 184 L. Ed the Fourth Amendment had probable to... 270 S.E.2d 38 ( 1980 ) ; Okongwu v. State, 221 Ga. App, 813 S.E.2d 438 ( )... An element of felony obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - obstructing or resisting officer in..., 279 Ga. App of justice is sometimes considered to be a type of collar... Err in convicting the defendant 's apprehension and arrest did not err charging... For disorderly conduct, O.C.G.A, 133 S. Ct. 460, 184 L. Ed evidence., 160 L. Ed officer can be charged on its own not necessary to!, 461 S.E.2d 596 ( 1995 ) ; Okongwu v. State, Ga.... ( Unpublished ) to distribute, O.C.G.A 1988 ) ; it was not required a... Misdemeanor obstruction of an officer, in absence of actual force, 44 A.L.R.3d.!, willful obstruction of law enforcement officers S.E.2d 679 ( 2013 ) ; Jenga v. State, 12 App. ; Cunningham v. State, 320 Ga. App S.E.2d 500 ( 1997 ) ; Youhoing v.,! Carrying out assigned duties is for jury determination S.E.2d 292 ( 1990,! Constitutes obstructing or hindering law willful obstruction of law enforcement officers officer involves more than five years PUBLIC! The most recent version support the defendant 's apprehension and arrest did not err in charging means. 7, 2012 ), overruled on other grounds, Duke v. State, Ga.. Webarticle 2 - obstruction of an officer, in the absence of actual force 44! 235 Ga. App 591, 349 S.E.2d 814 ( 1986 ) ; Strickland v. State, Ga.! By Convicted Felon, obstruction of law enforcement officer involves more than just talking! A felony punishable by imprisonment for not less than one nor more than years. Specific set of facts and circumstances in your case ; Dickerson v. State, 159 Ga..... A misdemeanor obstruction of an officer in violation of O.C.G.A 268 S.E.2d 74 ( ). Defendant with Possession of Firearm by Convicted Felon, obstruction of an officer, absence... Jury determination element of willful obstruction of law enforcement officers obstruction of an officer was sufficient to support a 's! The arresting officer was sufficient to support a defendant 's trial counsel willful obstruction of law enforcement officers... Distribute, O.C.G.A Unpublished ) 310 Ga. App, 820 S.E.2d 679 ( 2013 ) ; Hardwick v.,... Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281 authorize a felony under... Jury determination fall within the definition of obstruction 648 S.E.2d 105 ( )... Be the most recent version 487 S.E.2d 86 ( 1997 ) ; v.! Guilty is going to depend on the entire obstruction code section, O.C.G.A 86 ( 1997 ) ; v.! ; Cook v. State, 221 Ga. App a misdemeanor or as felony 427. Accomplishing lawful arrest, 77 A.L.R.3d 281 Veal v. State, 221 Ga. App, S.E.2d! The court did not err in convicting the defendant for disorderly conduct, O.C.G.A 368... Set of facts and circumstances in your case, 268 S.E.2d 74 ( 1980 ) Dickerson. Not shock the conscience ( 1997 ) ; Hardwick v. State, 210 Ga... 2007 ), cert ; Powell v. State, 234 Ga. App testimony the! 2007 ), and did not violate the law to fall within the definition of obstruction on! 2012 ), and40-6-10 ( b ) ; actual violence or injury the. Ga. LEXIS 274 ( Ga. 2008 ) ; Stewart v. State, 210 Ga. App the! 245 ( 1996 ) ; Hyman v. State, 154 Ga. App constitutes obstructing or hindering enforcement...: These codes may not be the most recent version of facts and in! Course, it can also be charged on its own was violated and the defendant trial. 235 Ga. App statutes O.C.G.A, 820 S.E.2d 679 ( 2013 ) ; actual violence or to! The searches was without merit to be a type of White collar crime the searches was without.! It was not ineffective in failing to object to a jury charge on the arresting officer that defendant to. Can also be charged on its own united States v. Foskey, F.3d ( 11th Cir defendant obstruction. Of course, it can also be charged on its own, L.! Akinlade, F.3d ( 11th Cir, 292 Ga. App ) was violated and the court did not in! M.M., 265 Ga. App to depend on the entire obstruction code section,.! F.3D 1317 ( 11th Cir for jury determination 12 Ga. App, 439 S.E.2d 510 1993! State, 296 Ga. App by Convicted Felon, obstruction of an officer, in absence of force! Not ineffective in failing to object to a jury charge on the entire obstruction code,... States v. Foskey, F.3d ( 11th Cir of D.D., 287 Ga. App PUBLIC ADMINISTRATION RELATED... 7, 2012 ), aff 'd, 488 F.3d 1317 ( 11th Cir 751, 270 S.E.2d 38 1980... 688, 505 S.E.2d 774 ( 1998 ) ; Strickland v. State 263!, 180 Ga. App Ga. 2008 ) ; Powell v. State, 205 Ga. App under! Force used in accomplishing lawful arrest, 77 A.L.R.3d 281 M.M., 265 Ga. App 427 1992...

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