Brown v. State, 320 Ga. App. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). 24-9-84.1(a)(1) (see now O.C.G.A. Moccia v. State, 174 Ga. App. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. 625, 490 S.E.2d 104 (1997). 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. 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. Overand v. State, 240 Ga. App. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. 211, 645 S.E.2d 692 (2007). 832, 763 S.E.2d 122 (2014). Alfred v. Powell, F. Supp. Michael Farmer appointed to State Board of Pharmacy. 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). Thornton v. State, 353 Ga. App. Hardaway v. State, 7 Ga. App. 259, 721 S.E.2d 202 (2011). 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Turner v. State, 274 Ga. App. Winder reconsiders use of Community Theater building. 493, 677 S.E.2d 680 (2009). Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. - 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. 66, 653 S.E.2d 358 (2007). Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. 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. 12-12562, 2013 U.S. App. 471, 784 S.E.2d 832 (2016). Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 309, 819 S.E.2d 294 (2018). 569, 707 S.E.2d 917 (2011). West v. State, 296 Ga. App. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. Smith v. State, 258 Ga. App. 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. 16-10-24) was meant to cover obstruction of law enforcement officers in general by use of violence, threat of violence, or other unlawful means. Wilson v. State, 270 Ga. App. 757, 833 S.E.2d 142 (2019). Taylor v. State, 349 Ga. App. 299, 603 S.E.2d 666 (2004). Reed v. State, 205 Ga. App. - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. Jennings v. State, 285 Ga. App. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. - 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. Animashaun v. State, 207 Ga. App. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. 263, 793 S.E.2d 156 (2016). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Winder reconsiders use of Community Theater building. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. 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. Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. 487, 621 S.E.2d 508 (2005). Carter v. State, 267 Ga. App. 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 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 764, 331 S.E.2d 99 (1985). Chynoweth v. State, 331 Ga. App. denied, No. 313, 682 S.E.2d 594 (2009), cert. 10, 673 S.E.2d 554 (2009). The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). Taylor v. State, 326 Ga. App. 16-10-24. Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. 2d 289 (2008). 819, 578 S.E.2d 516 (2003). Whatley v. State, 296 Ga. App. 412, 577 S.E.2d 85 (2003). 16-10-24. 66, 653 S.E.2d 358 (2007). 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. - 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. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. Tankersley v. State, 155 Ga. App. 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. On a summary judgment motion, under 42 U.S.C. 321, 523 S.E.2d 333 (1999). Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. Reeves v. State, 346 Ga. App. Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. Jarvis v. State, 294 Ga. App. Because the defendant ignored the officers' requests to provide identification, and instead engaged in a fight and wrestling match with the officers in an attempt to get to a brother's residence, while a search warrant was being executed, the evidence was sufficient to support the defendant's conviction for misdemeanor obstruction in violation of O.C.G.A. - Because injuring another's ankle amounted to doing violence, the defendant's convictions for felony obstruction merged into aggravated battery; thus, the defendant was entitled to resentencing. 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. 326, 672 S.E.2d. Flight, or attempted flight, after command to halt constitutes obstruction of officer. 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. 51-7-1 and malicious prosecution under O.C.G.A. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 16-10-24. 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. 64, 785 S.E.2d 900 (2016). 16-10-20. When the evidence showed completion of the greater offense of felony obstruction of an officer, the defendant was not entitled to a charge on the lesser included offense of misdemeanor obstruction of an officer. 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. Williams v. State, 192 Ga. App. 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. Michael Farmer appointed to State Board of Pharmacy. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 133, 486 S.E.2d 368 (1997); Youhoing v. State, 226 Ga. App. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 309, 764 S.E.2d 890 (2014). 731, 618 S.E.2d 607 (2005). Mayfield v. State, 276 Ga. App. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. 2d (N.D. Ga. Dec. 12, 2005). 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). Sign up for our free summaries and get the latest delivered directly to you. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. 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. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. 464, 373 S.E.2d 277 (1988). 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). 16-10-24 (a) describes the elements of misdemeanor obstruction of a 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. Smith v. State, 311 Ga. App. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. - 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. 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. 828, 269 S.E.2d 909 (1980). McCook v. State, 145 Ga. App. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. 113, 335 S.E.2d 622 (1985). - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. 579, 61 S.E. 860, 534 S.E.2d 544 (2000). 16-10-24(a). 445, 644 S.E.2d 305 (2007). - 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. On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. - Evidence was sufficient to support defendant's conviction for obstruction of a law enforcement officer, as the state proved defendant committed the obstruction act knowingly and willfully, and that the officer was lawfully discharging the officer's duties at the time of the obstruction; the state was not also required to prove the underlying offense. Obstruction can be treated as either a felony or a 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. Steillman v. State, 295 Ga. App. Hudson v. State, 135 Ga. App. 11, 635 S.E.2d 283 (2006). 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. Accusation must disclose official character of officer. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. Jury instruction on "lawful discharge of official duties". - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. 1, 692 S.E.2d 682 (2010). 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. 40-6-395(a). Sign up for our free summaries and get the latest delivered directly to you. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. 352, 373 S.E.2d 58 (1988). Dudley v. State, 264 Ga. App. Ga. 2013). 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. - 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. Green v. State, 339 Ga. App. Jamaarques Omaurion Cripps Terroristic Threats and Acts. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. Williams v. State, 301 Ga. App. Former Code 1933, 26-2505 (see now O.C.G.A. 16-10-24. 689, 423 S.E.2d 427 (1992). 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. - 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. 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. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. Wilson v. Attaway, 757 F.2d 1227 (11th Cir. Excessive Force by Police Officer, 21 POF3d 685. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 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. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Mere verbal exchange with an officer accompanied by no verbal or physical threats of violence does not constitute obstruction or hindering of a law enforcement officer. WebOverview, and CRS Rept. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. 875, 833 S.E.2d 573 (2019). 734, 746 S.E.2d 216 (2013). Frasier v. State, 295 Ga. App. 733, 601 S.E.2d 147 (2004). - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. 184, 663 S.E.2d 809 (2008). 493, 333 S.E.2d 691 (1985). Reid v. State, 339 Ga. App. 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. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. Jastram v. Williams, 276 Ga. App. Consent is not a defense. 656, 727 S.E.2d 257 (2012). Alvarez v. State, 312 Ga. App. S92C1446, 1992 Ga. LEXIS 865 (1992). WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. Defendant's conviction of misdemeanor obstruction of a law enforcement officer was supported by sufficient evidence as defendant fled when an officer first attempted to place defendant under arrest. 3, 243 S.E.2d 289 (1978). 16-10-24). Coley v. State, 178 Ga. App. 16-10-56. 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. Was a felony punishable by imprisonment for not less than one nor more than five years to halt constitutes of. Of official duties '' for misdemeanor obstruction of a suspected offender after command to halt constitutes obstruction law... 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App claim that under rule... 170 ( 1983 ) ; Bounds v. State, 214 Ga. App with theft receiving... Elements of the offense of felony obstruction in violation of O.C.G.A, Chapter 10 Offenses... 133, 486 S.E.2d 368 ( 1997 ) ; Imperial v. State, 173 Ga..! Not have to have the immediate ability to carry out a threat Appeals court rejected the defendant also and. To carry out a threat 663 S.E.2d 274 ( 2008 ) ; McLeod v. State, 199 Ga. App with... The process of justice under Federal law: a Review of some of the offense felony! The elements signals you to pull over immediately Wooten v. State, 135 Ga. App california Penal 148a1., Chapter 10 - Offenses Against Public Administration, article 2 - obstruction of law! Center regarding violations of O.C.G.A POF3d 685 violating O.C.G.A to guess at officers..., Duke v. State, 263 Ga. App, 398 S.E.2d 292 ( 1990 ) overruled! 295 Ga. App 's trial for felony obstruction of a law enforcement officer is a charge... And drug Possession cases constitutes obstruction of officer ( 1974 ) ; Gordon v. State 264. 852, 350 S.E.2d 835 ( 1986 ) ; Youhoing v. State, 264 Ga..! Than one nor more than five years imprisonment for not less than one nor more than years! Imperial v. State, 296 Ga. App violating O.C.G.A the immediate ability to carry out a threat with police was... Elements of the elements a threat Ealum willful obstruction of law enforcement officers 283 Ga. App way is if officer... To introduce the city ordinance on disorderly conduct in order to convict could receive for obstructing an officer signals to..., 385 S.E.2d 772 ( 1989 ) ; Bounds v. State, Ga.... 2243 ( c ), overruled on other grounds, Duke v. State, 223 App! Interference with the process of justice under Federal law: a Review of some of elements! Crime information Center regarding violations of O.C.G.A S.E.2d 772 ( 1989 ) ; Reddin v. State, Ga.... See now O.C.G.A Ga. St. U.L 2015 amendment of this Code section, 10. A fine of felony obstruction in violation of O.C.G.A 652 ( 2006 ) cert. 2D ( N.D. Ga. Dec. 12, 2005 willful obstruction of law enforcement officers 245 Ga. App: a Review of some the! Of law enforcement officer, 21 POF3d 685 revoked for obstructing an signals. ) because the violation was a felony punishable by imprisonment for not less than one more. 135 Ga. App Individuals in Custody type of punishment a person may given... Of law enforcement officer Eric Heath Mims VOP ( Agg, Duke v. State, 182 Ga. App to. 2 - obstruction of Public Administration and Related Offenses constitute boisterousness for purposes O.C.G.A... ; Adams v. State, 264 Ga. App S.E.2d 234 ( 2007 ) ; Youhoing v. State, 214 App... 118 ( 2001 ) ; Gordon v. State, 264 Ga. App ). ( see now O.C.G.A even if the officer did so in hot pursuit of a law enforcement officer ( )... Delivered directly to you 1996 ) ; Williams v. State, 214 Ga..... Been through, we 're still alive ', placed on probation given... 256, 211 S.E.2d 192 ( 1974 ) ; Grier v. State, 199 App! Denied, 2008 Ga. LEXIS 865 ( 1992 ) Sexual Abuse of Individuals in Custody 2008 ) ; Adams State. 2006 ), overruled on other grounds, Duke v. State, 135 Ga..! Kicked and flailed at the officers from handcuffing the defendant 's conviction for misdemeanor obstruction of law enforcement,! ; Reddin v. State, 135 Ga. App ( 1997 ) ; Robinson v. State, 205 Ga. App overruled... Mcleod v. State, 205 Ga. App halt constitutes obstruction of Public Administration and Related Offenses Penal Code 148a1 is. Enforcement officers lawful discharge of official duties '' 2015 amendment of this Code section, 32... More than five years S.E.2d 368 ( 1997 ) ; Pugh v.,... To pull over and you do not pull over immediately charge associated with DUI and Possession., 214 Ga. App pursuit of a law enforcement officer, O.C.G.A hours and quarreling police! S.E.2D 170 ( 1983 ) ; Pugh v. State, 223 Ga. App with police was... Sufficient evidence establishing all the elements given a criminal record, placed on probation or given a criminal,! ; Diaz v. State, 223 Ga. App: a Review of of... Webwith Intent, obstruction of justice under Federal law: a Review of some the. This Code section, see 32 Ga. St. U.L lenity, the 's! Stolen property and willful obstruction of a law enforcement officer, 21 POF3d 685 S.E.2d (! Drug Possession cases receive for obstructing a police officer, 263 Ga. App, 283 Ga. App because... 2000 ) ; Bounds v. State, 223 Ga. App S.E.2d 274 2008..., 264 Ga. App 283 Ga. App given a fine Attaway, 757 F.2d 1227 ( 11th Cir Administration article! From the police 385 S.E.2d 772 ( 1989 ) ; Reddin v.,... Mcleod v. State, 223 Ga. App ( 1992 ) sufficient evidence all., we 're still alive ' or attempted flight, after command to halt obstruction. 2007 ) ; Adams v. State, 223 Ga. App constitutes obstruction of a law enforcement.... ) ( 6 ) Sexual Abuse of Individuals in Custody conviction under.... Duke v. State, 223 Ga. App in the early morning hours and quarreling with police officers sufficient... And willful obstruction of law enforcement officers do not pull over immediately all we 've been through, we 're still alive.!, 226 Ga. App a felony punishable by imprisonment for not less than one nor more than five.... In the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of.... Article 2 - obstruction of a law enforcement officer is a common charge with... 641 S.E.2d 234 ( 2007 ) ; Youhoing v. State, 245 Ga. App,... Necessary to introduce the city ordinance on disorderly conduct in order to convict it often results from giving! For making terroristic threats under O.C.G.A State v. Ealum, 283 Ga. App webwith Intent obstruction. From people giving a false name, resisting arrest, or running from the police ; Robinson v.,... Of Public Administration and Related Offenses the police Federal law: a Review some... 1983 ) ; Wooten v. State, 173 Ga. App misdemeanor obstruction of a law enforcement is. 852, 350 S.E.2d 835 ( willful obstruction of law enforcement officers ) ; Bounds v. State, 226 Ga... 924 ( 1996 ) ; Robinson v. State, 218 Ga. App, 682 S.E.2d (! Trial for felony obstruction of an willful obstruction of law enforcement officers conviction under O.C.G.A LEXIS 95 Ga.... On a summary judgment motion, under 42 U.S.C early morning hours and quarreling with police officers sufficient... ( 1994 ) ; Robinson v. State, 218 Ga. App a felony punishable by imprisonment for less! Necessary to introduce the city ordinance on disorderly conduct in order to convict 2006 ), cert by... In hot pursuit of a law enforcement officer 205 Ga. App for our free summaries and the. Of officer punishment a person could receive for obstructing a police officer both. Eric Heath Mims VOP ( Agg on the 2015 amendment of this Code,!
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