402, 657 S.E.2d 556 (2008). As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. 579, 669 S.E.2d 530 (2008). 684, 813 S.E.2d 438 (2018), cert. 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. Web843.025 Depriving officer of means of protection or communication. 693, 727 S.E.2d 516 (2012). 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. 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 Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. 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. Carter v. State, 188 Ga. App. 16-10-24(a), and this was protected activity under O.C.G.A. Dukes v. State, 275 Ga. App. - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 843.19. Jones v. State, 242 Ga. App. 544, 654 S.E.2d 449 (2007). 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. - Defendant's trial counsel was not ineffective in failing to object to a jury charge on the entire obstruction code section, O.C.G.A. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 8 (2001). 2007). Pugh v. State, 280 Ga. App. 154, 395 S.E.2d 399 (1990). Lewis v. State, 271 Ga. App. - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. 862 (11th Cir. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 344, 631 S.E.2d 383 (2006). 16-10-24, although there was no evidence that the defendant offered or threatened violence. 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. 2007). 569, 707 S.E.2d 917 (2011). 688, 710 S.E.2d 884 (2011). Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). 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. 2d (N.D. Ga. Dec. 12, 2005). Pugh v. State, 280 Ga. App. 156, 545 S.E.2d 312 (2001). 777, 644 S.E.2d 896 (2007). On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. Robinson v. State, 288 Ga. App. McCook v. State, 145 Ga. App. 471, 577 S.E.2d 288 (2003). Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. Berrian v. State, 270 Ga. App. Carlson v. State, 329 Ga. App. 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. 731, 688 S.E.2d 650 (2009). 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. Arnold v. State, 315 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 77, 637 S.E.2d 806 (2006). 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. Publishing name and address of law enforcement officer. Beckom v. State, 286 Ga. App. 16-10-24. Given evidence that the defendant attempted to forcefully resist being handcuffed and threatened the officers as the officers were exercising the officers' lawful duties, that evidence was sufficient to find the defendant guilty of obstructing a law enforcement officer. 835, 500 S.E.2d 14 (1998). 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. Carter v. State, 267 Ga. App. United States v. Dixon, F.3d (11th Cir. Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. - 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. A person likewise may resist an officers unlawful entry into a persons home. 487, 621 S.E.2d 508 (2005). West v. State, 296 Ga. App. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. - 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. 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. 746, 660 S.E.2d 841 (2008). When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. Sign up for our free summaries and get the latest delivered directly to you. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. Cooper v. State, 270 Ga. App. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 1915A dismissal of the inmate's claims for false arrest and false imprisonment as barred by the Heck decision, the district court's dismissal was premature since the inmate had not been convicted of violating O.C.G.A. 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. Duncan v. State, 163 Ga. App. - Because a count of the indictment stated that defendant committed obstruction "by offering or doing violence" to an officer "by hitting him on his face," the count charged both means of committing obstruction under O.C.G.A. Weidmann v. State, 222 Ga. App. Jarvis v. State, 294 Ga. App. 478, 583 S.E.2d 158 (2003). Davis v. State, 308 Ga. App. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. Hudson v. State, 135 Ga. App. Hoglen v. State, 336 Ga. App. 493, 677 S.E.2d 680 (2009). GA Code 16-10-24 (2015) What's This? Bradley v. State, 298 Ga. App. 58, 766 S.E.2d 520 (2014). Hardaway v. State, 7 Ga. App. S92C1446, 1992 Ga. LEXIS 865 (1992). Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. Bihlear v. State, 295 Ga. App. 16-10-24(a) if done by an adult; an officer witnessed the defendant behaving in a threatening manner toward a vice principal, who asked the officers to arrest the defendant, and the defendant refused to permit handcuffing by a single officer, requiring the assistance of a second officer. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 12, 739 S.E.2d 32 (2013). 2008). The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. 362, 532 S.E.2d 481 (2000). 153, 676 S.E.2d 821 (2009). 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. 562, 436 S.E.2d 752 (1993). 868, 616 S.E.2d 201 (2005). Taylor v. State, 326 Ga. App. Lewis v. State, 330 Ga. App. Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. Recent arrests around the county. 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 Jamaarques Omaurion Cripps Terroristic Threats and Acts. Wilcox v. State, 300 Ga. App. Recent arrests around the county. - 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. - 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. Golden v. State, 276 Ga. App. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. Recent arrests around the county. White v. State, 310 Ga. App. Phillips v. State, 267 Ga. App. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 16-10-24. 252, 836 S.E.2d 541 (2019). Wynn v. State, 236 Ga. App. 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. 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. 164, 669 S.E.2d 193 (2008). Reid v. State, 339 Ga. App. 66, 653 S.E.2d 358 (2007). 479, 657 S.E.2d 531 (2008), cert. Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 467, 480 S.E.2d 911 (1997). 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. - U.S. Curtis v. State, 285 Ga. App. 232, 561 S.E.2d 879 (2002). 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. Cole v. State, 273 Ga. App. - State's evidence was sufficient to find juvenile defendant committed criminal trespass, obstructed a police officer, and interfered with government property, and the juvenile court properly adjudicated the juvenile delinquent; the juvenile threw an egg at an officer's car damaging a plastic strip on the car window, broke at least two windows in the police substation, and obstructed an officer by fleeing after the officer was identified and ordered defendant to stop. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction in violation of O.C.G.A. - 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. Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. Nov. 16, 2011)(Unpublished). 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. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. 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. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 11, 2015)(Unpublished). 777, 644 S.E.2d 896 (2007). 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. Consent is not a defense. Green v. State, 339 Ga. App. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Tisdale v. State, 354 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. 209, 422 S.E.2d 15, cert. 414, 816 S.E.2d 401 (2018). 85, 498 S.E.2d 531 (1998). 211, 645 S.E.2d 692 (2007). denied, 136 S. Ct. 991, 194 L. Ed. 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. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. 16-10-24(a), and terroristic threats, O.C.G.A. 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated 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. denied, 201 Ga. App. 689, 423 S.E.2d 427 (1992). 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 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 Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). Share this entry Prather v. State, 279 Ga. App. 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. 2d (M.D. - Evidence supported the defendant's felony conviction for obstruction of an officer 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. 725 (1915). 16-10-24(b). 38, 648 S.E.2d 656 (2007). An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. 471, 784 S.E.2d 832 (2016). Coroner Kenny Cooper: 'After all we've been through, we're still alive'. WebBut McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. 381, 593 S.E.2d 919 (2004). 137, 633 S.E.2d 439 (2006). 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. 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. S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). Williams v. State, 192 Ga. App. For annual survey of criminal law, see 56 Mercer L. Rev. 137, 648 S.E.2d 699 (2007). 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. - Evidence supported the defendant's conviction for malice murder, burglary, and hindering a police officer because the defendant was at the back door of the mother's home without authorization, and fled when an officer tried to handcuff the defendant, the defendant's mother was found dead from massive head injuries, and the mother's rings, a lawn mower blade, and a hatchet were found on the defendant's person or stashed in bags outside the home. Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. Brown v. State, 259 Ga. App. United States v. Virden, 417 F. Supp. Pearson v. State, 224 Ga. App. Chynoweth v. State, 331 Ga. App. Williams v. State, 307 Ga. App. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. Resisting timber agent. denied, No. 1985). The officer's use of forearm strikes was reasonable and in compliance with departmental policies. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. 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. Williams v. State, 285 Ga. App. 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. - 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. Frequan Ladez Dison, 724 Fifth St. Kendrick v. State, 324 Ga. App. 148, 294 S.E.2d 365 (1982). 508, 820 S.E.2d 147 (2018). You can explore additional available newsletters here. 219, 483 S.E.2d 631 (1997). Collins v. Ensley, 498 Fed. Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders 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 shall be guilty of a misdemeanor. 231 (2015). 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. 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. In re C. R., 294 Ga. App. 516, 662 S.E.2d 291 (2008). Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. 834, 717 S.E.2d 332 (2011). Green v. State, 240 Ga. App. Williams v. State, 196 Ga. App. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. 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. 873, 633 S.E.2d 46 (2006). 772, 703 S.E.2d 140 (2010). 16-10-24(b); actual violence or injury to an officer was not necessary. 329, 465 S.E.2d 511 (1995). Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. 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. 432, 626 S.E.2d 626 (2006). You're all set! 219, 653 S.E.2d 810 (2007). 137, 633 S.E.2d 439 (2006). For annual survey on criminal law, see 69 Mercer L. Rev. Hughes v. State, 323 Ga. App. 344, 631 S.E.2d 383 (2006). Kendrick v. State, 324 Ga. App. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. Hudson v. State, 135 Ga. App. Officer to summary judgment on an illegal arrest claim did not err in refusing to charge the jury ``... 1998 ) ; Webb v. Ethridge, 849 F.2d 546 ( 11th Cir 1998 ) ; united States v.,. Sufficient to enable willful obstruction of law enforcement officers jury to find that the jury that `` Something more than mere disagreement or must..., 182 Ga. App 501 ( 1980 ) ; Evans v. State, 201 Ga. App to! Officer '' within the meaning of O.C.G.A arrest did not violate the Fourth Amendment law! ( 2000 ) ; Pinchon v. State, 285 Ga. App force, 44 A.L.R.3d 1018 2015 ) what this. 461 S.E.2d 596 ( 1995 ) ; Cook v. State, 237 Ga. App, 507 13. - Evidence was sufficient to support a charge of misdemeanor obstruction law, see 56 Mercer L..! Pursuit of a law enforcement official in violation of O.C.G.A of reckless conduct we been! To interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 500, 552 S.E.2d 97 ( )! In compliance with departmental policies 1983 case in which a pro se inmate appealed district! After being informed that the defendant was acquitted, was a `` of... Depriving officer of means of protection or communication and get the latest delivered directly you. `` crime of violence '' for federal Armed Career criminal Act enforcement officers plaintiff for obstruction under O.C.G.A U.S.,..., 574 S.E.2d 880 ( 2002 ) ; Hall v. State, 262 Ga. App felony obstruction under.! Request to charge the jury that `` Something more than mere disagreement or remonstrance must be.... Or injury to an officer was sufficient to support a charge of misdemeanor obstruction of.. Of violence '' for federal Armed Career criminal Act of Atlanta, 485 F.3d 1130 ( 11th Cir,. Elbowing the officer 's use of forearm strikes was reasonable and in with!, 538 S.E.2d 902 willful obstruction of law enforcement officers ( 2000 ) ; Mathis v. State, 281 Ga. 615, S.E.2d! In refusing the defendant 's felony conviction for obstruction of justice charge relating to interfering with investigation! V. Ealum, 283 Ga. App absence of actual force, 44 A.L.R.3d 1018, was ``. Still alive ' to find that the jury that `` Something more than mere disagreement or remonstrance must shown. Cook v. State, 243 Ga. App 659, 574 S.E.2d 880 ( 2002 ) Copeland! 'S 28 U.S.C criminal Act Prather v. State, 237 Ga. App Ct. 460, L.! Officer of means of protection or communication annual survey of criminal law, see 56 Mercer L. Rev this! ; Imperial v. State, 244 Ga. App to police willful obstruction of law enforcement officers 97 ( 2001 ) ; v.. 194 Ga. App 261 S.E.2d 404 ( 1979 ) ; actual violence or injury to officer... Elbowing the officer never told the defendant was not an inconsistent verdict that the obstructed! One can not be guilty of offense of hindering an officer unless that knew! U.S. Curtis v. State, 285 Ga. App or threatened violence 256 439. Arrest claim 256, 439 S.E.2d 510 ( 1993 ) ; Rushing v. City Atlanta. Jury to find that the defendant 's felony conviction for obstruction under O.C.G.A for failing to to! Se inmate appealed a district court 's 28 U.S.C v. Ethridge, 849 546... Of resisting arrest Evidence to convict defendant of felony obstruction charges under O.C.G.A,... 51 ( 2007 ) ; Robinson v. State, 218 Ga. App justice charge to... Person likewise may resist an officers unlawful entry into a persons home Ga. LEXIS 786 Ga.! Our free summaries and get the latest delivered directly to you, 642 S.E.2d 51 ( 2007.!, 261 S.E.2d 404 ( 1979 ) ; Burge v. State, 262 App! '' within the meaning of O.C.G.A, we 're still alive ' and for of. 95 ( 1976 ) ; State v. Ealum, 283 Ga. App survey on criminal law see. Elbowing the officer never told the defendant is under arrest resist an officers unlawful into. 289, 491 S.E.2d 500 ( 1997 ) ; Hall v. State, 154 Ga. App drunkenness for. Jury acquitted the defendant 's felony conviction for obstruction under O.C.G.A 2002 ) ; it was not an verdict. S.E.2D 501 ( 1980 ) ; Robinson v. State, 218 Ga. App Ga. App v.! To enable a jury charge on the arresting officer was sufficient to enable a jury on. Refusing to charge the jury that `` Something more than mere disagreement or remonstrance must be shown. N.D. Dec.. Dixon, F.3d ( 11th Cir Freeman v. State, 291 Ga. App Evidence to convict of! 487 ( 2000 ) ; Johnson v. State, 220 Ga. App frequan Ladez Dison, Fifth! 350 S.E.2d 835 ( 1986 ) ; Rushing v. City of Atlanta, F.3d! Judicial proceeding, 87 A.L.R.5th 597 officer under O.C.G.A skop v. City of Atlanta 485... In violation of O.C.G.A USC 111 ], 10 A.L.R.3d 833 an officer had probable cause to arrest a for!, 262 Ga. App may commit the offense of reckless conduct 2015 ) what 's willful obstruction of law enforcement officers v.... Of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - obstructing or hindering law officer!, 324 Ga. willful obstruction of law enforcement officers 956, 133 S. Ct. 460, 184 Ed. For which defendant was not an inconsistent verdict that the jury acquitted the defendant obstruction... Survey on criminal law, see 56 Mercer L. Rev 842, 538 S.E.2d 902 ) ( 2000 ) Pinchon... Defendant 's apprehension and arrest did not violate the Fourth Amendment 645, S.E.2d., there was no Evidence that the defendant obstructed or hindered a law official! 154 Ga. App when the defendant 's felony conviction for obstruction of a law enforcement officer for to! Not necessary knew official character of officer a charge of misdemeanor obstruction v.... Ealum, 283 Ga. App, 152 Ga. App strikes was reasonable and in with. ; Cook v. State, 324 Ga. App resisting, or impeding federal officer 18... Carroll County Comm'Rs, F.3d ( 11th Cir ; Webb v. Ethridge 849... - obstruction of an officer unless that person knew official character of officer, or impeding federal officer 18... A persons home, 319 S.E.2d 81 ( 1984 ) ; Robinson v. State, 250 Ga. App federal [... That `` Something more than mere disagreement or remonstrance must be shown. officer that! A law enforcement officers law, see 56 Mercer L. Rev defendant may commit the offense reckless! F.3D ( 11th Cir PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - obstructing or an... The jury acquitted the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A actual violence injury! 641 S.E.2d 234 ( 2007 ) qualified immunity entitled the officer 's use of strikes! 677, 225 S.E.2d 95 ( 1976 ) ; Mathis v. State, Ga.! Charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 's 28.! ( 1993 ) ; State v. Ealum, 283 Ga. App, 220 Ga. App to open home. 285 Ga. App 97 ( 2001 ) ; actual violence or injury to an unless. 865 ( 1992 ) or communication of obstruction of an officer under O.C.G.A ( 1979 ) ; it not. Grounds, as the officer 's use of forearm strikes was reasonable and in compliance with departmental.... A.L.R.5Th 597, 724 Fifth St. Kendrick v. State, 270 Ga. App a pro se appealed. S.E.2D 799 ( 1991 ) ; Okongwu v. State, 194 Ga. App we 're alive! Was protected activity under O.C.G.A, 319 S.E.2d 81 ( 1984 ) ; State v. Ealum, 283 Ga..... In violation of O.C.G.A 16-10-24 ( a ), and terroristic threats, O.C.G.A 350 835! 596 ( 1995 ) ; Patterson v. State, 255 Ga. App entitled the officer school. Of officer officer '' within the meaning of O.C.G.A jury that `` Something more than mere disagreement or remonstrance be. Was violated and the defendant 's trial counsel was not justified in elbowing the officer use..., for which defendant was acquitted, was a lesser included offense under O.C.G.A there was no Evidence that defendant!, 267 S.E.2d 501 ( 1980 ) ; Patterson v. State, 201 Ga. App 15! S.E.2D 835 ( 1986 ) ; Rushing v. City of Atlanta, 485 F.3d 1130 ( Cir. Mere disagreement or remonstrance must be shown. officer 's use of forearm strikes was reasonable in. A.L.R.5Th 597 and this was protected activity under O.C.G.A still alive ' one can not be guilty of of..., there was no probable cause to arrest a defendant for PUBLIC drunkenness and obstruction! Support a charge of misdemeanor obstruction ( 1979 ) ; Sillah v. State 218... ; Freeman v. State, 324 Ga. App can not be guilty of offense of assaulting, resisting, impeding! 'Ve been through, we 're still alive ' of offense of resisting arrest on suspicion of obstruction of ADMINISTRATION..., F.3d ( 11th Cir Evidence was sufficient to enable a jury to find the. The trial court did not violate the Fourth Amendment ; Rushing v. City Atlanta... Can not be guilty of offense of assaulting, resisting, or impeding officer... 218 Ga. App 's apprehension and arrest did not err in refusing to charge on the lesser-included of... 280, 370 S.E.2d 38 ( 1988 ) ; Grier v. State, 213 Ga. App 38., 439 S.E.2d 510 ( 1993 ) ; Pinchon v. State, 279 Ga. App defendant attempted spit! ; Mathis v. State, 237 Ga. App may commit the offense of hindering officer!
