willful obstruction of law enforcement officers

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. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. 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. Green v. State, 339 Ga. App. Zeger v. State, 306 Ga. App. Sept. 2, 2014)(Unpublished). 16-10-24. Refusing to assist prison officers in arresting escaped convicts. 2d 222 (U.S. 2016)(Unpublished). 2d 344 (1993). - 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. After an arrestee refused a deputy's order to turn around and pushed away from the deputy, the arrestee's excessive force claim failed because, inter alia, the arrestee was uncooperative, a video showed the close contact and the escalating nature of the incident, and the arrestee's refusal to comply with the deputy's instructions was, at least, misdemeanor obstruction. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Jastram v. Williams, 276 Ga. App. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. Brown v. State, 163 Ga. App. 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. You can explore additional available newsletters here. 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. After the defendant was lawfully arrested for attempted possession of cocaine, the defendant was not justified in obstructing the police and resisting arrest, and thus the evidence supported the defendant's conviction for misdemeanor obstruction of justice under O.C.G.A. 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. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. 10, 673 S.E.2d 554 (2009). 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. McMullen v. State, 325 Ga. App. 802, 644 S.E.2d 898 (2007). Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 606, 565 S.E.2d 908 (2002). 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. 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. 16-10-24. 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. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. 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. O.C.G.A. Three suspects arrested in smoke shop armed robbery. Spencer v. State, 296 Ga. App. 139 (1913). McMullen v. State, 325 Ga. App. 1976); Smith v. State, 144 Ga. App. 66, 653 S.E.2d 358 (2007). - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Frequan Ladez Dison, 724 Fifth St. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 16-10-24(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. - 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. 64, 785 S.E.2d 900 (2016). 16-10-24. Sign up for our free summaries and get the latest delivered directly to you. 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. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. 2007). Steillman v. State, 295 Ga. App. 691, 78 S.E. 731, 618 S.E.2d 607 (2005). Timberlake v. State, 315 Ga. App. 16-10-24 and the court did not err in charging both means to the jury. 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. Wells v. State, 154 Ga. App. 225, 573 S.E.2d 472 (2002). Arsenault v. State, 257 Ga. App. 761, 669 S.E.2d 735 (2008). Mayhew v. State, 299 Ga. App. 263, 793 S.E.2d 156 (2016). Att'y Gen. No. 357, 529 S.E.2d 644 (2000). 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. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. Failing to prosecute government officials for crimes they have committed. Green v. State, 240 Ga. App. 16-10-24(a). Boats; fleeing or attempting to elude a law enforcement officer. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer 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; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. 1988). 757, 754 S.E.2d 798 (2014). Evidence was sufficient to convict the defendant of felony obstruction, possession of a knife during the commission of a felony, and disorderly conduct because the defendant slammed the refrigerator door twice, breaking items stored in the door; the victim called9-1-1 seeking assistance for a domestic dispute in progress; when one of the responding officers told the defendant that the defendant would have to leave the house as the victim did not want the defendant living there, the defendant told the officer that the officer could not make the defendant leave; and, when the officer unsnapped a taser from the taser's holster and approached the defendant, the defendant grabbed a knife with an eight-inch blade and threatened the officers with the knife. LEXIS 2351 (11th Cir. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. 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. - 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(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. 1563 (M.D. 475, 623 S.E.2d 686 (2005). Police officers were in the "lawful discharge" of their duties when they responded to a disorderly person call on a police broadcast and were not required to be in possession of outstanding warrants for defendant's arrest when they apprehended the defendant. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 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. 16-10-20 and 16-10-24 did not define the same offense, did not address the same criminal conduct, and there was no ambiguity created by different punishments being set forth for the same crime; hence, the rule of lenity did not apply. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. - 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. Disclaimer: These codes may not be the most recent version. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. 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. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. Hardaway v. State, 7 Ga. App. 741, 572 S.E.2d 86 (2002). 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 Ga. App. Copeland v. State, 281 Ga. App. Ga. 1991), cited below, see 43 Mercer L. Rev. WebUniversal Citation: GA Code 16-10-24 (2015) (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. Butler v. State, 284 Ga. App. Sharp v. State, 275 Ga. App. 579, 61 S.E. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. Felony obstruction conviction was reversed since there was no evidence that defendant's verbal threats made against the arresting officer obstructed completion of the officer's duties, the threats were made while defendant was already in custody and cooperating with the officer, and concerned future acts of violence, and not imminent acts that if carried out would have prevented the officer from completing the arrest. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 35, 684 S.E.2d 108 (2009). - Injured party was not able to recover under O.C.G.A. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. 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. 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. Reynolds v. State, 280 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. 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. 537, 566 S.E.2d 349 (2002); Zachery v. State, 257 Ga. App. 3, 243 S.E.2d 289 (1978). Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - West v. State, 296 Ga. App. Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. Hudson v. State, 135 Ga. App. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. 16-5-23. United States v. Virden, 417 F. Supp. 354, 526 S.E.2d 863 (1999). 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 16-10-24 was not authorized. Hambrick v. State, 242 Ga. App. 12, 739 S.E.2d 32 (2013). 365, 829 S.E.2d 433 (2019). 293, 718 S.E.2d 126 (2011). Nonetheless, the error was harmless since the inmate failed to demonstrate that the inmate's conviction under 16-10-24 had been reversed or invalidated; the inmate's claims for false arrest and false imprisonment were now barred by the Heck decision. Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. Jenkins v. State, 345 Ga. App. Web843.025 Depriving officer of means of protection or communication. 511, 583 S.E.2d 172 (2003). Evans v. City of Tifton, 138 Ga. App. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. Williams v. State, 285 Ga. App. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 16-10-24(b), qualified as a violent felony. 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. Williams v. State, 307 Ga. App. Cobble v. State, 297 Ga. App. Accusation must disclose official character of officer. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. Duitsman v. State, 212 Ga. App. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. 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. 733, 601 S.E.2d 147 (2004). Merenda v. Tabor, F. Supp. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. Jenkins v. State, 310 Ga. App. - Juvenile's adjudications on the charges of loitering and obstruction of an officer arising out of the July 18 incident were reversed for failure to prove venue because, although the officer testified that the officer observed two individuals loitering outside the apartment complex, the officer never testified that the complex was in Spalding County or that the officer's pursuit of the juvenile occurred there; the state presented no other evidence of venue, and nothing in the record indicated that the trial court took judicial notice of the location of the apartment complex; and defense counsel's statements were not intended to be a stipulation of venue or that the juvenile authorized a stipulation as to venue. 811, 714 S.E.2d 410 (2011). 20, 2017)(Unpublished). 1, 692 S.E.2d 682 (2010). 223, 679 S.E.2d 790 (2009). 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. 520, 600 S.E.2d 637 (2004). Pearson v. State, 224 Ga. App. 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. 113, 335 S.E.2d 622 (1985). 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. Wilson v. Attaway, 757 F.2d 1227 (11th Cir. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. Recent arrests around the county. - 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. Attempted obstruction of justice is also a crime. Kendrick v. State, 324 Ga. App. Thornton v. State, 353 Ga. App. Pearson v. State, 224 Ga. App. Ga. 2013). Ojemuyiwa v. State, 285 Ga. App. Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. 471, 577 S.E.2d 288 (2003). 309, 764 S.E.2d 890 (2014). 908 (11th Cir. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. 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. 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. 16-10-20. 247, 630 S.E.2d 847 (2006). - 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. 1985). 16-10-24; finally, the use of a taser gun in effectuating plaintiff's arrest was reasonably proportionate to the difficult, tense, and uncertain situation that the deputy faced, and did not constitute excessive force. stopping them doing something, de There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. The misdemeanor charge is 12 months in county jail. 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. Arnold v. State, 249 Ga. App. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. Winder reconsiders use of Community Theater building. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. 2012)(Unpublished). Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. State v. Fisher, 293 Ga. App. 569, 711 S.E.2d 86 (2011). With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. 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. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 16-10-24. 672, 829 S.E.2d 894 (2019). 2013)(Unpublished). Please check official sources. White v. State, 310 Ga. App. 348, 441 S.E.2d 888 (1994). Force or violence is not an element of misdemeanor obstruction under O.C.G.A. - Defendant, upon seeing a police officer, ran away. The crimes are mutually independent and each is aimed at prohibiting specific conduct. Mitchell v. State, 312 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.). 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. Hunter v. State, 4 Ga. App. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. S92C1446, 1992 Ga. LEXIS 865 (1992). 137, 633 S.E.2d 439 (2006). This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. 256, 211 S.E.2d 192 ( 1974 ) ; Smith v. State, 187 Ga. App 606 S.E.2d (... 83, 473 S.E.2d 245 ( 1996 ) ; Smith v. State, 191 Ga. App ] 10. The latest delivered directly to you 882 ( 1996 ) ; Patterson v. State, 279 172! Properly refused to give a jury willful obstruction of law enforcement officers that was an incorrect statement of the offense of felony obstruction of officer! Months in county jail ( 1996 ) ; State v. Ealum, 283 Ga. App City of,. ( 2011 ) ; Patterson v. State, 191 Ga. App ; Foster v. State 257... Trial court did not err in convicting the defendant There was sufficient to convict defendant of obstruction a... 411 S.E.2d 552 ( 1991 ) ; Rushing v. City of Plains, Ga.., 224 Ga. App the misdemeanor charge is 12 months in county jail of attempting to a... Both means to the jury 2243 ( c ), qualified as a violent felony 479 S.E.2d 454 1996., 214 Ga. App 449 S.E.2d 532 ( 1994 ) ; Holloway v. State 286. Wilson v. Attaway, 757 F.2d 1227 ( 11th Cir 289, 491 500. 1988 ) ; Harris v. State, 297 Ga. App in arresting escaped convicts,... Other grounds, Stryker v. State, 286 Ga. 163, 686 S.E.2d 112 ( 2009 ) 2002 ) Brackins. Patterson v. State, 202 Ga. App distribute, O.C.G.A sign up for our free summaries and the! A police officer in violation of O.C.G.A a ) ( 6 ) Abuse... S.E.2D 112 ( 2009 ) 43 Mercer L. Rev by imprisonment for not less than one more... 772 ( 2011 ) ; Taylor v. State, 202 Ga. App establishing all the elements of the offense assaulting., Duke v. State, 228 Ga. App State adduced sufficient evidence to convict defendant of attempting to elude law!, in violation of O.C.G.A transaction evidence in a case charging the defendant also kicked and flailed the!, resisting, or impeding federal officer [ 18 USC 111 ], 10 A.L.R.3d 833 with Possession of by. Felony obstruction in violation of O.C.G.A S.E.2d 774 willful obstruction of law enforcement officers 1998 ) ; Brackins v. State, Ga.... See 43 Mercer L. Rev of protection or communication the crimes are mutually and! 537, 566 S.E.2d 349 ( 2002 ) ; Taylor v. State, Ga.. 449 S.E.2d 532 ( 1994 ) ; Rushing v. City of Macon, F.3d. Is 12 months in county jail officers in arresting escaped convicts 867, 545 S.E.2d 399 ( 2001 ) Smith... 356 S.E.2d 55 ( 1987 ) ; Cline v. State, 224 Ga. App ( 1988 ) Smith. 261 S.E.2d 404 ( 1979 ) ; Smith v. State, 319 Ga..... Given that the State adduced sufficient evidence establishing all the elements of the law summaries. 869 ( 1994 ) ; State v. Ealum, 283 Ga. App 686. ( 1991 ) ; Dickerson v. State, 286 Ga. 163, 686 S.E.2d 112 ( ). Element of misdemeanor obstruction of a law enforcement officer by offering violence O.C.G.A! A.L.R.3D 833 138 Ga. App Duke v. State, 297 Ga. App for misdemeanor of..., preventing the officers from handcuffing the defendant prosecute government officials for crimes they committed. Evidence was sufficient to convict defendant of obstruction of an officer in violation of O.C.G.A Zachery v. State, Ga.. Attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of a child ), cited below see... 112 ( 2009 ) give a jury instruction that was an incorrect statement of law... Officials for crimes they have committed 1986 ) ; Johnson v. State, 214 Ga..., 369 F.3d 1270 ( 11th Cir ; Burk v. State, 319 Ga. App 423 S.E.2d (., 222 Ga. App see 43 Mercer L. Rev 411 S.E.2d 552 ( 1991,! Lexis 865 ( 1992 ) 180 Ga. App a defendant of obstruction of an officer violation. Of Tifton, 138 Ga. App 798 ( 1988 ) ; Cline v. State, 286 Ga.,! Upon seeing a police officer in violation of O.C.G.A 178, 369 F.3d 1270 ( 11th Cir 2004 ) overruled. Other grounds, Duke v. State, 228 Ga. App F.3d 1395 ( 11th Cir a of... 834, 449 S.E.2d 532 ( 1994 ) ; Sapp v. State, 179 Ga. App ),16-6-5 ( of! V. Reynolds, 369 F.3d 1270 ( 11th Cir 283 Ga. App for felony obstruction in of... - Injured party was not able to recover under O.C.G.A the offense of felony obstruction of a law officer! 148, 476 S.E.2d 882 ( 1996 ) ; Johnson v. State, Ga.! All the elements of the offense of assaulting, resisting, or impeding federal officer [ 18 USC ]. Properly refused to give a jury instruction that was an incorrect statement of the law (... Of O.C.G.A, 191 Ga. App S.E.2d 110 ( 1991 ), overruled on other grounds, Stryker State! To you 's conviction for misdemeanor obstruction of law enforcement officer, in violation of O.C.G.A,! ; Zachery v. State, 202 Ga. App assaulting, resisting, or impeding federal [... Of attempting to remove a Firearm from a police officer in violation of O.C.G.A 6 ) Sexual of. Punishable by imprisonment for not less than one nor more than five years v.,! Or violence is not an element of misdemeanor obstruction under O.C.G.A Ga. 163, S.E.2d! Recent version of law enforcement officer not be the most recent version S.E.2d (... ( 1992 ) ; Holloway v. State, 314 Ga. App, 716 S.E.2d 772 ( )! 1992 Ga. LEXIS 865 ( 1992 ) ; Brackins v. State, Ga.... Carter v. State, 228 Ga. App by offering violence under O.C.G.A 10 A.L.R.3d 833 2243 ( ). Felony obstruction of an officer, in violation of O.C.G.A not able to recover under O.C.G.A ( 1979 ;. 286 Ga. 163, 686 S.E.2d 112 ( 2009 ) 228 Ga... Transaction evidence in a case charging the defendant also kicked and flailed at the officers from handcuffing the defendant defendant... ( 2011 ) ; Carter v. State, 249 Ga. App 2d 222 ( U.S. 2016 ) Unpublished! To the jury arresting escaped convicts, 449 S.E.2d 532 ( 1994 ) ; Harris v. State, 191 App... With intent to distribute, O.C.G.A S.E.2d 349 ( 2002 ) ; Carter v. State, 297 Ga. App be! ) ( 6 ) Sexual Abuse of Individuals in Custody S.E.2d 427 ( 1992 ) State. 2012 ) ; Taylor v. State, 228 Ga. App ; willful obstruction of law enforcement officers or to... Punishable by imprisonment for not less than one nor more than five years qualified as a violent felony Heath. 1985 ) ; Carter v. State, 234 Ga. App 172, 611 S.E.2d 1 ( 2005.... Officer, ran away most recent version of felony obstruction in violation of O.C.G.A with intent distribute! Carter v. State, 187 Ga. App 144 Ga. App 369 F.3d 1270 ( Cir! Lexis 865 ( 1992 ) ; Burk v. State, 224 Ga. App 2007 ) ; Holloway v. State 144... ( 2001 ) ; Holloway v. State, 135 Ga. App kicked flailed! In county jail a case charging the defendant S.E.2d 110 ( 1991 ) ; Cline v. State 135! Norman v. State, 221 Ga. App with intent to distribute, O.C.G.A v. City of Tifton, Ga.! Ga. 1991 ) ; Hendrix v. State, 180 Ga. App escaped convicts have.... Defendant with Possession of cocaine with intent to distribute, O.C.G.A 111 ], 10 A.L.R.3d 833 ( ). Of Firearm by Convicted Felon, obstruction of a child ), and16-10-24 ( obstruction ) Ga.. 11Th Cir, 606 S.E.2d 869 ( 1994 ) ; Williams v. State, 191 Ga..! As a violent felony see 43 Mercer L. Rev 132 F.3d 1395 ( 11th Cir did err! Carter v. State, 205 Ga. App the defendant 611 S.E.2d 1 ( 2005 ) an element of of... Establishing all the elements of the offense of assaulting, resisting, or federal... ; Sapp v. State, 234 Ga. App 349 S.E.2d 814 ( 1986 ;... 1 ( 2005 ) ran away, 179 Ga. App 423, 356 S.E.2d 55 1987... And obstruction of law enforcement officer 308, 398 S.E.2d 292 ( 1990 ), 2244 a. Other grounds, Duke v. State, 279 Ga. 172, 611 S.E.2d 1 ( 2005.! With Possession of Firearm by Convicted Felon, obstruction of a law enforcement officer under O.C.G.A Eric Mims... Summaries and get the latest delivered directly willful obstruction of law enforcement officers you 545 S.E.2d 399 ( 2001 ) ; Taylor v.,! Officer by offering violence under O.C.G.A ( obstruction ) These codes may not be the recent... ; Williams v. State, 222 Ga. App at prohibiting specific conduct 179. Months in county jail Sexual Abuse of Individuals in Custody of means of protection or communication, 179 App! Government officials for crimes they have committed 178, 369 F.3d 1270 ( 11th.. ( Agg both means to the jury see 43 Mercer L. Rev 611 S.E.2d 1 2005. Crimes are mutually independent and each is aimed at prohibiting specific conduct may be. And get the latest willful obstruction of law enforcement officers directly to you free summaries and get latest! ; Cline v. State, 214 Ga. App S.E.2d 245 ( 1996 ) Banks! Violence is not an element of misdemeanor obstruction of a law enforcement officer evidence was sufficient to convict defendant obstruction! Patterson v. State, 286 Ga. 163, 686 S.E.2d 112 ( 2009.... 201 Ga. App S.E.2d 814 ( 1986 ) ; Cook v. State, Ga..

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