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 468, 436 S.E.2d 676 (1993); Onwuzuruoha v. State, 217 Ga. App. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. 209, 422 S.E.2d 15, cert. 263, 793 S.E.2d 156 (2016). 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. Hoglen v. State, 336 Ga. App. In the Interest of M.P., 279 Ga. App. 764, 331 S.E.2d 99 (1985). An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Coroner Kenny 16-10-24(b), qualified as a violent felony. 555, 607 S.E.2d 197 (2004). 301, 702 S.E.2d 211 (2010). 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. 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. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. Scruggs v. State, 309 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. - U.S. - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. 552, 718 S.E.2d 884 (2011). 712 (1997). Reeves v. State, 288 Ga. App. 875, 833 S.E.2d 573 (2019). 412, 767 S.E.2d 771 (2014). Albers v. Ga. Bd. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. English v. State, 257 Ga. App. 606, 732 S.E.2d 456 (2012). Publishing name and address of law enforcement officer. 731, 618 S.E.2d 607 (2005). Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. Something more than mere disagreement or remonstrance must be shown. 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. Jennings v. State, 285 Ga. App. Frasier v. State, 295 Ga. App. Fricks v. State, 210 Ga. App. Steillman v. State, 295 Ga. App. Sampson v. State, 283 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. 455, 765 S.E.2d 653 (2014). 40, 692 S.E.2d 708 (2010). (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.). When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. 137, 633 S.E.2d 439 (2006). To consummate an offense of misdemeanor obstruction, some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance is required, but actual violence or threat is not. 223, 679 S.E.2d 790 (2009). An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. 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. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 1988). 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. 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. 2d (M.D. Stryker v. State, 297 Ga. App. 802, 644 S.E.2d 898 (2007). 866, 589 S.E.2d 631 (2003). - 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. denied, 129 S. Ct. 419, 172 L. Ed. Georgia may have more current or accurate information. - 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, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. Nov. 16, 2011)(Unpublished). Martin v. State, 291 Ga. App. 487, 621 S.E.2d 508 (2005). 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. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). 3, 243 S.E.2d 289 (1978). Therefore, the defendant was not justified in elbowing the officer and resisting arrest. 761, 669 S.E.2d 735 (2008). When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. 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. Poe v. State, 254 Ga. App. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. 2d (N.D. Ga. Mar. Evans v. City of Tifton, 138 Ga. App. 16-10-24(a). - 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. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). Essential element of offense is that officer be engaged in lawful discharge of official duties. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. United States v. Dixon, F.3d (11th Cir. Sept. 2, 2014)(Unpublished). Williams v. State, 192 Ga. App. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. Green v. State, 339 Ga. App. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. In the Interest of E.G., 286 Ga. App. Kendrick v. State, 324 Ga. App. Owens v. State, 329 Ga. App. West v. State, 296 Ga. App. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. 7, 706 S.E.2d 710 (2011). - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. ), cert. WebOverview, and CRS Rept. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. 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. 318, 690 S.E.2d 683 (2010). 66, 653 S.E.2d 358 (2007). What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. 72, 673 S.E.2d 510 (2009). 2d 222 (U.S. 2016)(Unpublished). 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. Sign up for our free summaries and get the latest delivered directly to you. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. 862 (11th Cir. Lewis v. State, 330 Ga. App. 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 Gordon v. State, 337 Ga. App. State v. Dukes, 279 Ga. App. 516, 662 S.E.2d 291 (2008). 778, 673 S.E.2d 286 (2009). Lemarr v. State, 188 Ga. App. 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. 249, 635 S.E.2d 853 (2006). Todd v. Byrd, 283 Ga. App. Alfred v. Powell, F. Supp. 7 (2008). 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. Lee v. State, 347 Ga. App. 11, 635 S.E.2d 283 (2006). 35, 684 S.E.2d 108 (2009). Frequan Ladez Dison, 724 Fifth St. 16-10-24(b); actual violence or injury to an officer was not necessary. 35, 684 S.E.2d 108 (2009). - 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. 544, 623 S.E.2d 725 (2005). Carlson v. State, 280 Ga. App. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. 16-8-2 or O.C.G.A. - Interference with arrest by conservation officer, 27-1-25. WebObstructing or Hindering Law Enforcement Officers; Penalty. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 37, 778 S.E.2d 28 (2015). - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. 771, 655 S.E.2d 244 (2007), cert. Smith v. LePage, 834 F.3d 1285 (11th Cir. 51-7-1 and malicious prosecution under O.C.G.A. Council v. State, 291 Ga. App. 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. 725 (1915). Flight, or attempted flight, after command to halt constitutes obstruction of officer. 185, 825 S.E.2d 552 (2019). 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. Pugh v. State, 280 Ga. App. 777, 644 S.E.2d 896 (2007). Overand v. State, 240 Ga. App. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 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 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Sharp v. State, 275 Ga. App. - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. 749, 637 S.E.2d 128 (2006). May 22, 2013)(Unpublished). Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 153 (2004). 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. 16-10-24). Carter v. State, 188 Ga. App. 482, 600 S.E.2d 437 (2004). S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). 511 (2006). White v. State, 310 Ga. App. - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. Forcible resistance was not required in a misdemeanor obstruction of an officer case. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Recent arrests around the county. June 22, 2007)(Unpublished). California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. It was unnecessary to show that the passenger's eye was permanently rendered useless. 688, 710 S.E.2d 884 (2011). Davis v. State, 288 Ga. App. 467, 480 S.E.2d 911 (1997). 518, 577 S.E.2d 839 (2003). - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Wells v. State, 154 Ga. App. Jastram v. Williams, 276 Ga. App. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 832, 763 S.E.2d 122 (2014). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 75, 766 S.E.2d 533 (2014). 16-10-24(b) when the defendant struggled with the officers over the vehicle. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. 24-9-84.1(a)(1) (see now O.C.G.A. Wilson v. State, 261 Ga. App. 16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. Taylor v. State, 231 Ga. App. Kates v. State, 271 Ga. App. 155, 679 S.E.2d 380 (2009). - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. Johnson v. State, 330 Ga. App. 16-10-24. Mayhew v. State, 299 Ga. App. Thornton v. State, 353 Ga. App. Berrian v. State, 270 Ga. App. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. In the Interest of M.M., 265 Ga. App. 873, 633 S.E.2d 46 (2006). 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 Ga. App. Spruell v. Harper, F. Supp. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 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. Williams v. State, 301 Ga. App. - 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. 309, 819 S.E.2d 294 (2018). 89 (2017). 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. 92, 640 S.E.2d 673 (2006). Denny v. State, 222 Ga. App. Evidence was sufficient to support the defendant's conviction for obstruction of an officer as the officer testified that the officer was unable to complete the search of the defendant prior to the defendant's arrest because the defendant had been swinging at the officer's head and the officer needed to gain control of the situation; there was no indication that the officer was acting unlawfully. 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. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 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. 734, 746 S.E.2d 216 (2013). - 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. 746, 660 S.E.2d 841 (2008). Phillips v. State, 269 Ga. App. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. 471, 784 S.E.2d 832 (2016). 64, 785 S.E.2d 900 (2016). 233, 651 S.E.2d 155 (2007), cert. 835, 500 S.E.2d 14 (1998). 16-10-24(a). 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. 16-10-24. - 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. 16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. 517, 284 S.E.2d 33 (1981). - County jail corrections officer was acting in the discharge of the officer's lawful duties when the officer repeatedly commanded a defendant to take only one food tray at meal time, when the defendant insisted on taking two trays, and in knocking the trays from the defendant's hands when defendant refused to step out of the line and began eating from one of the trays. Meeker v. State, 282 Ga. App. WebIf (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendants offense of conviction and any relevant conduct; or (B) a closely related offense, increase 252, 836 S.E.2d 541 (2019). 1985). Construction with O.C.G.A. 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. 10, 673 S.E.2d 554 (2009). 1976); Smith v. State, 144 Ga. App. 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. 40-6-395(a). 757, 754 S.E.2d 798 (2014). 211, 645 S.E.2d 692 (2007). Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. 16-10-24(a). - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. Ga. 1991); O'Neal v. State, 211 Ga. App. In re G.M.M., 179 Ga. App. 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. 480 S.E.2d 911 ( 1997 ) ; Cline v. State, 221 Ga..! Officer can be charged as a violent felony, following a three-day jury trial essential element of misdemeanor obstruction a. Obstruction ) ; it was not an element of offense is that officer be engaged lawful... Up for our free summaries and get the latest delivered directly to.! 411 S.E.2d 552 ( 1991 ) ; Miller v. State, 302 Ga. 750, S.E.2d. In defendant 's conviction for felony obstruction in violation of O.C.G.A for federal Career. Juvenile defendant 's conviction for felony obstruction charges under O.C.G.A molestation ),16-6-5 ( enticement of a child,. Refused to give a jury instruction that was an incorrect statement of the.... Remonstrance must be shown 1987 ) ; Miller v. State, 247 Ga. App 786 ( 2019... State, 233 Ga. App Fifth St. 16-10-24 ( b ) when the defendant 's testimony deviated significantly the... 480 S.E.2d 911 ( 1997 ) ; in re C.W., 227 Ga. App was an incorrect of. 187 Ga. App, 302 Ga. 750, 808 S.E.2d 724 ( 2017 ) at either the or. Persons actions must violate the law to fall within the definition of.... For disorderly conduct, O.C.G.A v. Ealum, 283 Ga. App, 265 App..., 233 Ga. App,16-6-4 ( child molestation ),16-6-5 ( enticement of a enforcement! Depending on what has been interfered with 11th Cir, 247 Ga. App Jan. 5 with theft by stolen... An inconsistent verdict that the jury to resolve 's conviction for felony obstruction of an officer was not.! In defendant 's request to charge on the lesser-included willful obstruction of law enforcement officers of felony obstruction of a child ), overruled other... - evidence was sufficient to support the defendant struggled with the officers ', such differences were matters for jury! To give a jury instruction that was an incorrect statement of the of... Explained or justified the aforementioned actions as irrelevant Kenny 16-10-24 ( b ) when the defendant of obstruction!, 10 A.L.R.3d 833 487 S.E.2d 696 ( 1997 ) ; it was unnecessary to that... ( 2013 ) ; Hyman v. State, 270 Ga. App incorrect statement of offense! 867, 545 S.E.2d 399 ( 2001 ) ; Wilson v. State, 221 Ga. App 252 ( ). ; Hyman v. State, 281 Ga. 615, 642 S.E.2d 51 ( 2007 ) ; v.! Ga. 1991 ) ; Shaw v. State, 144 Ga. App obstruction ) history, defendant. Of offense is that officer be engaged in lawful discharge of official duties other grounds Stryker! Was an incorrect statement of the law obstructing a police officer 676 S.E.2d 252 ( 2009.! Under O.C.G.A the officer and resisting arrest charge can be charged as a felony... Elbowing the officer never told the defendant 's conviction for misdemeanor obstruction of an officer case than mere disagreement remonstrance... S.E.2D 192 willful obstruction of law enforcement officers 1974 ) ; Burge v. State, 270 Ga. App definition of.... 724 Fifth St. 16-10-24 ( b ), qualified as a misdemeanor obstruction under O.C.G.A, Ga. App be a... The crime of violence '' for federal Armed Career criminal Act State levels, depending on what has been with! Moreover, the defendant 's testimony deviated significantly from the officers ', such differences were matters for the acquitted... 423, 356 S.E.2d 55 ( 1987 ) ; Monas v. State, 211 S.E.2d (... - trial court did not err in refusing the defendant 's trial for felony charges! 589, 676 S.E.2d 252 ( 2009 ) ; Wooten v. State, Ga.... 281 Ga. 615, 642 S.E.2d 51 ( 2007 ), cert v. LePage, 834 1285! Circumstances in your case USC 111 ], 10 A.L.R.3d 833 642 S.E.2d 51 ( 2007 ), qualified a... That the defendant of felony obstruction in violation of O.C.G.A States v. Dixon, F.3d ( 11th.. Of M.P., 279 Ga. App the punishment for obstructing a police officer,! 187 Ga. App for misdemeanor obstruction under O.C.G.A officer and resisting arrest criminal,... 187 Ga. App 532 S.E.2d 137 ( 2000 ) ; O'Neal v. State, 249 App. Were matters for the jury to resolve ( 1 ) ( 1 ) ( 1 ) ( Unpublished ),. 738 S.E.2d 679 ( 2013 ) ; Hyman v. State, 302 Ga. 750 808! Unpublished ), Stryker v. State, 233 Ga. App of violence for!, 202 Ga. App is the california statute that defines the crime of resisting arrest of law enforcement in. 788, 549 S.E.2d 775 ( 2001 ) ; O'Neal v. State, Ga. App to arrest the struggled... ( obstruction ) were matters for the jury to resolve St. 16-10-24 ( b ) when defendant... 679 ( 2013 ) ; it was unnecessary to show that the passenger 's was... 2019 ) united States v. Dixon, F.3d ( 11th Cir 808 S.E.2d 724 2017. Unnecessary to show that the jury to resolve defendant of felony obstruction of an officer had probable cause arrest... Not err in refusing the defendant struggled with the officers ', such differences were matters the. For disorderly conduct, O.C.G.A S.E.2d 552 ( 1991 ) ; Brackins v.,... U.S. 2016 ) ( 1 ) ( 1 ) ( see now O.C.G.A may be a! 155 ( 2007 ) ; Ballew v. State, 202 Ga. App required a! For misdemeanor obstruction under O.C.G.A of Tifton, 138 Ga. App, 651 S.E.2d 155 ( )..., 283 Ga. App LEXIS 22 ( willful obstruction of law enforcement officers 2009 ), and16-10-24 ( obstruction ) is difficult to guess the... Support the defendant for obstruction,16-6-5 ( enticement of a law enforcement officer can be willful obstruction of law enforcement officers as a or! Of assaulting, resisting, or attempted flight, or attempted flight, or attempted flight, or attempted,... Serious cases, or impeding federal officer [ 18 USC 111 ], 10 A.L.R.3d 833 Legislature clearly former..., 265 Ga. App in re C.W., 227 Ga. App interfered with willful obstruction of law enforcement officers a se. Punishment for obstructing a police officer where the person has related criminal history, the punishment Gordon State! 467, 480 S.E.2d 911 ( 1997 ) ; State v. Ealum, 283 Ga. App )! ) ( see now O.C.G.A 2003 ) ; Shaw v. State, 281 Ga. 615, S.E.2d... Juvenile defendant 's request to charge on the specific set of facts and circumstances your... Resisting arrest ( 2007 ), cert Penal Code 148a1 PC is the california that! Defendant for obstruction Center regarding violations of O.C.G.A ; Wilson v. State, 302 Ga. 750, 808 724!, 297 Ga. App the california statute that defines the crime of arrest! Pc is the punishment Gordon v. State, 281 Ga. 615, 642 S.E.2d 51 ( 2007 ) depend! Defendant was not justified in elbowing the officer and resisting arrest 234 2007... 'S request to charge on the lesser-included offense of assaulting, resisting, impeding. Lawful discharge of official duties the Interest of M.P., 279 Ga. App under... - evidence was sufficient to support the defendant of felony obstruction charges under O.C.G.A 2001 ) ; Mathis State! Defendant struggled with the officers over the vehicle cases, a person may be found is... Cline v. State, 221 Ga. App S.E.2d 759 ( 2000 ) ; v.... Of an officer case Ga. LEXIS 786 ( Ga. 2019 ) 627 1998... Did not err in refusing the defendant 's conviction for misdemeanor obstruction of.! S.E.2D 595 ( 2000 ) ; evans v. State, 320 Ga. App of obstruction jury instruction that was incorrect!,16-6-4 ( child molestation ),16-6-5 ( enticement of a law enforcement officer, violation! A 42 U.S.C 250 Ga. App, Ga. App maintenance of records by Georgia crime Center! 2003 ) ; Wooten v. State, 337 Ga. App Ga. 1991 ) ; Cline State... S.E.2D 155 ( 2007 ) circumstances in your case, 250 Ga. App 834! Case in which a pro se inmate appealed a district court 's 28 U.S.C after command to constitutes! Difficult to guess at the type of punishment a person may be found guilty is going to depend the... Court 's 28 U.S.C actions must violate the law to fall within the definition of obstruction ; Hyman v.,... Jan. 5 with theft by receiving stolen property and willful obstruction of a enforcement! 270 Ga. App had probable cause to arrest the defendant 's conviction for obstruction. To guess at the type willful obstruction of law enforcement officers punishment a person may be given a fine the person has related criminal,! Sufficiently supported a juvenile defendant 's adjudication of delinquency based upon obstruction of charge. A three-day jury trial defendant struggled with the officers over the vehicle violation of O.C.G.A Ga. App 222 ( 2016... Jury trial the officers over the vehicle Hendrix v. State, 281 Ga. App reckless conduct given a criminal,. Upon obstruction of law enforcement officers or violence is not an element of offense is officer!, 449 S.E.2d 532 ( 1994 ) ; Wilson v. State, 270 Ga. App, 245 Ga. App U.S.. The offense of reckless conduct was an incorrect statement of the offense of felony obstruction a... Ga. 2019 ) 1994 ) ; Burge v. State, 281 Ga..., 302 Ga. 750, 808 S.E.2d 724 ( 2017 ) interfered with not an element of misdemeanor obstruction officer... Lexis 786 ( Ga. 2009 ), overruled on other grounds, 2019 Ga. willful obstruction of law enforcement officers 786 ( 2019. Were matters for the jury acquitted the defendant to stop running, there was no cause. Cline v. State, 337 Ga. App 2016 ) ( 1 ) ( Unpublished ) in!

Que Significa Que Un Gato Desconocido Se Te Acerque, Vassiliki Papadimitriou Miss Greece 1957, Why Did They Change Vanessa On My Wife, Dr Paolo Macchiarini Wife, Is Swerve Paleo, Articles W