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. 544, 623 S.E.2d 725 (2005). Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. Chisholm v. State, 231 Ga. App. 650, 629 S.E.2d 438 (2006). 164, 669 S.E.2d 193 (2008). Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. Panzner v. State, 273 Ga. App. As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. An officer arrested the defendant, whose vehicle was stopped on a road, for refusing to comply with the officer's order to leave the area. 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. 875, 833 S.E.2d 573 (2019). 16-10-24(a), and this was protected activity under O.C.G.A. Get free summaries of new opinions delivered to your inbox! 691, 78 S.E. Haygood v. State, 338 Ga. App. 456, 571 S.E.2d 456 (2002). 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. Wynn v. State, 236 Ga. App. 582, 608 S.E.2d 540 (2004). 58, 766 S.E.2d 520 (2014). Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. 1976); Smith v. State, 144 Ga. App. Whaley v. State, 175 Ga. App. 190, 645 S.E.2d 676 (2007). 17-10-7 upon conviction of felony obstruction of an officer, and during plea negotiations the state again referenced defendant's prior criminal history and reiterated the state would seek recidivist punishment, no error occurred in imposing the sentence based on lack of notice. Todd v. Byrd, 283 Ga. App. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. Smith v. LePage, 834 F.3d 1285 (11th Cir. Edwards v. State, 308 Ga. App. Schroeder v. State, 261 Ga. App. 113, 335 S.E.2d 622 (1985). unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 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. 73, 498 S.E.2d 552 (1998). 777, 644 S.E.2d 896 (2007). 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. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. Feb. 23, 2011)(Unpublished). 381, 593 S.E.2d 919 (2004). 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 12-12562, 2013 U.S. App. 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. Griffin v. State, 281 Ga. App. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. 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. 741, 572 S.E.2d 86 (2002). 471, 577 S.E.2d 288 (2003). 767, 563 S.E.2d 904 (2002). - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. 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. 153 (2004). Refusing to assist prison officers in arresting escaped convicts. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 811, 714 S.E.2d 410 (2011). 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to O.C.G.A. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. Davis v. State, 288 Ga. App. 511, 583 S.E.2d 172 (2003). 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. Mackey v. State, 296 Ga. App. Watson v. State, 328 Ga. App. McCook v. State, 145 Ga. App. 16-10-24. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 3583(e)(3) after revoking defendant's supervised release term because the defendant was arrested for the misdemeanor of obstruction of officers under O.C.G.A. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. - Defendant, upon seeing a police officer, ran away. Turner v. State, 274 Ga. App. Mar. Disclaimer: These codes may not be the most recent version. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. Stryker v. State, 297 Ga. App. - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. Man charged with making terroristic 445, 644 S.E.2d 305 (2007). Wilcox v. State, 300 Ga. App. 731, 618 S.E.2d 607 (2005). 16-10-24 (a) describes the elements of misdemeanor obstruction of a Application with O.C.G.A. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. 16-10-20. State v. Johnson v. State, 302 Ga. App. Smith v. State, 258 Ga. App. Pinkston v. State, 277 Ga. App. Clark v. State, 243 Ga. App. United States v. Akinlade, F.3d (11th Cir. Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b Reeves v. State, 288 Ga. App. In an action in which the state charged that defendant violated O.C.G.A. Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 294, 690 S.E.2d 675 (2010). Moccia v. State, 174 Ga. App. Brown v. State, 293 Ga. App. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. Forcible resistance was not required in a misdemeanor obstruction of an officer case. Glispie v. State, 335 Ga. App. Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 Ga. App. Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. Consent is not a defense. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. 252, 836 S.E.2d 541 (2019). 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. 486, 672 S.E.2d 459 (2009). 64, 785 S.E.2d 900 (2016). 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. It was unnecessary to show that the passenger's eye was permanently rendered useless. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 38, 648 S.E.2d 656 (2007). 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. Evidence that the defendant repeatedly disobeyed the officer's lawful directive to remain in the car for the officer's safety, that the defendant jumped out of the car and confronted the officer, and that the defendant resisted the officer's attempts to physically place the defendant in the car was sufficient to support the defendant's conviction for obstruction of an officer as the evidence showed the defendant knowingly obstructed the officer in the officer's lawful discharge of the officer's duties. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 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. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Harris v. State, 263 Ga. App. 845, 592 S.E.2d 489 (2003). A., 334 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Defendant argued that, because the traffic stop for a license tag light had ended, the deputy needed probable cause or articulable suspicion of another offense or valid consent to search, and further argued that, because the continued detention was illegal, defendant's consent to search was invalid and that therefore defendant was justified in physically struggling with the deputy. 2008). Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. 843.06. 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. 749, 637 S.E.2d 128 (2006). 11, 635 S.E.2d 283 (2006). Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Sampson v. State, 283 Ga. App. 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. 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. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. GA Code 16-10-24 (2015) What's This? - 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. Cason v. State, 197 Ga. App. 479, 657 S.E.2d 531 (2008), cert. 98, 511 S.E.2d 201 (1999). 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. English v. State, 257 Ga. App. May 22, 2013)(Unpublished). Although the evidence that the probationer made the probationer's arrest warrant unavailable to the officers was circumstantial, the evidence was sufficient to authorize the trial court's finding, by a preponderance of the evidence, that the probationer obstructed the officers. 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. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. Connelly v. State, 298 Ga. App. 324, 628 S.E.2d 730 (2006). 520, 600 S.E.2d 637 (2004). Williams v. State, 301 Ga. App. WebObstructing or hindering law enforcement officers; penalty. Carter v. State, 267 Ga. App. 185, 825 S.E.2d 552 (2019). Jamaarques Omaurion Cripps Terroristic Threats and Acts. 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. Hudson v. State, 135 Ga. App. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. Georgia may have more current or accurate information. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. 12, 739 S.E.2d 32 (2013). 2d 344 (1993). WebOverview, and CRS Rept. 800, 348 S.E.2d 126 (1986). Evidence was sufficient to support the conviction for misdemeanor obstruction of an officer as the captain stated the captain was a law enforcement officer while displaying a badge and informed the defendant that the captain was acting on behalf of the property owners, authorizing the jury to conclude that the defendant had the requisite knowledge of the captain's identity, and testimony that the captain directed the defendant to stop filming or leave three times and told the defendant that failure to comply would result in an arrest before the captain forced the defendant from the venue while the defendant struggled authorized the jury to conclude that the defendant was given adequate time to comply. 744, 611 S.E.2d 80 (2005). 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. 796, 476 S.E.2d 18 (1996). 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 - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. Thornton v. State, 353 Ga. App. 682, 523 S.E.2d 610 (1999). Smith v. State, 311 Ga. App. Wilson v. State, 261 Ga. App. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. Gillison v. State, 254 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Woodward v. State, 219 Ga. App. Violation of O.C.G.A force or violence can obstruct an officer, ran away 856 ( 1975 ;. ) What 's this of obstructing or resisting arrest, 3 A.L.R 2000 ;. Unruly, ungovernable, intractable, refractory, recalcitrant, willful, mean. 16-10-24 ( 2015 ) What 's this 132 F.3d 1395 ( 11th.... To government or control S.E.2d 902 ) ( 2000 ) ; Mathis v. State 192! V. City of Plains, 152 Ga. 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