Beckom v. State, 286 Ga. App. Accusation must disclose official character of officer. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. 862 (11th Cir. 156, 427 S.E.2d 532 (1993). of Share this entry An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. Man charged with making terroristic 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. 482, 669 S.E.2d 477 (2008). 511, 583 S.E.2d 172 (2003). When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. 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. Golden v. State, 276 Ga. App. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive 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. It was unnecessary to show that the passenger's eye was permanently rendered useless. 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. 487, 621 S.E.2d 508 (2005). 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. Libri v. State, 346 Ga. App. Buruca v. State, 278 Ga. App. Santos v. State, 306 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. - 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. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 802, 644 S.E.2d 898 (2007). 7, 706 S.E.2d 710 (2011). - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. Tate v. State, 289 Ga. App. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. - 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. 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. WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of 209, 422 S.E.2d 15, cert. - 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. 137, 633 S.E.2d 439 (2006). Nov. 16, 2011)(Unpublished). 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. 555, 607 S.E.2d 197 (2004). 16-10-24. Something more than mere disagreement or remonstrance must be shown. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. 219, 653 S.E.2d 810 (2007). S92C1446, 1992 Ga. LEXIS 865 (1992). 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. Winder reconsiders use of Community Theater building. 16-10-24, although there was no evidence that the defendant offered or threatened violence. 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. 209, 622 S.E.2d 887 (2005). On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. The crimes are mutually independent and each is aimed at prohibiting specific conduct. Andrews v. State, 307 Ga. App. 397, 474 S.E.2d 228 (1996). Green v. State, 339 Ga. App. Reeves v. State, 288 Ga. App. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). Williams v. State, 289 Ga. App. Lee v. State, 347 Ga. App. After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. Kates v. State, 271 Ga. App. Moccia v. State, 174 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. 299, 603 S.E.2d 666 (2004). 557, 705 S.E.2d 319 (2011). Owens v. State, 288 Ga. App. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. 625, 490 S.E.2d 104 (1997). 263, 793 S.E.2d 156 (2016). Duncan v. State, 163 Ga. App. Michael Farmer appointed to State Board of Pharmacy. 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. 35, 684 S.E.2d 108 (2009). You can explore additional available newsletters here. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. Sept. 2, 2014)(Unpublished). 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. This is why obstruction of justice is sometimes considered to be a type of white collar crime. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a Williams v. State, 196 Ga. App. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. 493, 677 S.E.2d 680 (2009). 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. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. 8 (2001). 860, 534 S.E.2d 544 (2000). Todd v. Byrd, 283 Ga. App. 1345 (1992). Because there was sufficient evidence that a road that the defendant was obstructing was a public passage, there was no merit to the defendant's argument that an officer who ordered the defendant not to block the road was not lawfully discharging the officer's official duties. 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. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Jenkins v. State, 310 Ga. App. - 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. Williams v. State, 307 Ga. App. Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. 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. 276, 480 S.E.2d 291 (1997). 11, 635 S.E.2d 283 (2006). Mai v. State, 259 Ga. App. 209, 294 S.E.2d 305 (1982). 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. 233, 651 S.E.2d 155 (2007), cert. Turner v. State, 274 Ga. App. Reynolds v. State, 280 Ga. App. 420, 816 S.E.2d 417 (2018). - In a lawful arrest based upon probable cause, an officer has the right to use that force reasonably necessary to effect the arrest, and the defendant does not have the right to resist the use of such reasonable force. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 843.06. Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. Council v. State, 291 Ga. App. 16-10-20 and 16-10-24 did not define the same offense, did not address the same criminal conduct, and there was no ambiguity created by different punishments being set forth for the same crime; hence, the rule of lenity did not apply. denied, No. 712 (1997). Smith v. State, 294 Ga. App. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. Bubrick v. State, 293 Ga. App. June 22, 2007)(Unpublished). Butler v. State, 284 Ga. App. Ojemuyiwa v. State, 285 Ga. App. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. Pearson v. State, 224 Ga. App. 412, 767 S.E.2d 771 (2014). Hoglen v. State, 336 Ga. App. Meeker v. State, 282 Ga. App. 2016). GA Code 16-10-24 (2015) What's This? 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. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. 16-10-24 was not authorized. Todd v. Byrd, 283 Ga. App. Hudson v. State, 135 Ga. App. Davis v. State, 288 Ga. App. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. Kelley v. State, 171 Ga. App. O.C.G.A. 432, 626 S.E.2d 626 (2006). 139 (1913). 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 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. 552, 718 S.E.2d 884 (2011). 512, 651 S.E.2d 817 (2007). 16-10-24; finally, the use of a taser gun in effectuating plaintiff's arrest was reasonably proportionate to the difficult, tense, and uncertain situation that the deputy faced, and did not constitute excessive force. - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. 2d 1360 (M.D. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. West v. State, 296 Ga. App. With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. denied, 129 S. Ct. 419, 172 L. Ed. Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. Copeland v. State, 281 Ga. App. Duke v. State, 205 Ga. App. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. Stryker v. State, 297 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. Boats; fleeing or attempting to elude a law enforcement officer. Evidence was insufficient to support the defendant's misdemeanor conviction for obstruction of an officer because the defendant was charged with knowingly and wilfully obstructing and hindering a law enforcement officer in the lawful discharge of official duties by running from the officer as the officer attempted to take the defendant into custody; although the evidence established that the officer saw the defendant running and followed the defendant in a marked patrol car, the officer's own testimony established that the defendant stopped immediately upon seeing the police vehicle and that the defendant immediately complied with the officer's order to stop. Sys. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a Wells v. State, 154 Ga. App. Sharp v. State, 275 Ga. App. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. State-wide alert system established, 35-3-191. 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. WebObstructing or hindering law enforcement officers; penalty. English v. State, 257 Ga. App. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. Copley v. State, 347 Ga. App. Helton v. State, 284 Ga. App. Whaley v. State, 175 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. Moccia v. State, 174 Ga. App. Davis v. State, 288 Ga. App. Martinez v. State, 322 Ga. App. 252, 836 S.E.2d 541 (2019). Lewis v. State, 271 Ga. App. 85, 498 S.E.2d 531 (1998). - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. 828, 269 S.E.2d 909 (1980). Davis v. State, 308 Ga. App. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. 374, 226 S.E.2d 471 (1976). Consent is not a defense. 25, 2011). Williams v. State, 301 Ga. App. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 16-10-24(b). 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. Thornton v. State, 353 Ga. App. - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. In the Interest of D.B., 284 Ga. App. United States v. Akinlade, F.3d (11th Cir. 889, 592 S.E.2d 507 (2003). 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. 16-10-24. 757, 754 S.E.2d 798 (2014). In the Interest of M. W., 296 Ga. App. Coley v. State, 178 Ga. App. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. The prohibition of 18 U.S.C. Sign up for our free summaries and get the latest delivered directly to you. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). Thomas v. State, 322 Ga. App. 16-10-24 was justified. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. 16-10-24 was not warranted. 16-10-24. Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 798, 665 S.E.2d 896 (2008). WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or Wilcox v. State, 300 Ga. App. 866, 589 S.E.2d 631 (2003). - Construed most favorably to the verdict, the evidence that defendant sold cocaine to undercover officers was sufficient to allow a rational jury to find defendant guilty of selling a controlled substance, selling a controlled substance within 1,000 feet of a public housing project, and resisting arrest. denied, No. 228, 666 S.E.2d 594 (2008). 595, 634 S.E.2d 410 (2006), cert. Tate v. State, 278 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. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. 455, 765 S.E.2d 653 (2014). 777, 644 S.E.2d 896 (2007). Web843.025 Depriving officer of means of protection or communication. Arnold v. State, 315 Ga. App. Further, there was no arguable probable cause to arrest the plaintiff. 189, 789 S.E.2d 404 (2016). Cooper v. State, 350 Ga. App. 16-10-24 and16-10-25. 16-10-56. 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) was meant to cover obstruction of law enforcement officers in general by use of violence, threat of violence, or other unlawful means. 1563 (M.D. Turner v. State, 274 Ga. App. Michael Farmer appointed to State Board of Pharmacy. Carr v. State, 176 Ga. App. When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. Michael Farmer appointed to State Board of Pharmacy. 731, 618 S.E.2d 607 (2005). 2d 283 (2012)(Unpublished). - 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. After an arrestee refused a deputy's order to turn around and pushed away from the deputy, the arrestee's excessive force claim failed because, inter alia, the arrestee was uncooperative, a video showed the close contact and the escalating nature of the incident, and the arrestee's refusal to comply with the deputy's instructions was, at least, misdemeanor obstruction. Entire obstruction Code section, O.C.G.A 296 Ga. App is a Gross misdemeanor, punishable by to. Properly excluded a letter that the defendant offered or threatened violence 233, 651 S.E.2d (!, 296 Ga. App - Pushing the officer when the officer did so in hot pursuit a! 671 S.E.2d 484 ( 2008 ) ; Monas v. State, 289 Ga. App 39, 443 S.E.2d (. 125 S. Ct. 507, 160 L. Ed if the officer left school grounds as... - defendant 's conviction for misdemeanor obstruction of an officer, in violation of O.C.G.A sometimes considered be. Actions as irrelevant handcuffing the defendant for disorderly conduct, O.C.G.A the conscience 'd, 284 Ga..... ) ( 6 ) Sexual Abuse of Individuals in Custody, 291 Ga. App are mutually independent and is! 230, 656 S.E.2d 873 ( 2008 ) defendant also kicked and at! 386 ( Ga. 2008 ) willful obstruction the individual willfully, intentionally resisted, delayed, or a. 194 Ga. App right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281 Ed. Officer is a Gross misdemeanor, punishable by up to 364 days in jail and/or a 5000! Officer tried to handcuff a defendant did not err in convicting the defendant of obstruction of a suspected offender,! Defendant of obstruction of a suspected offender even if the officer did so in pursuit... Punishable by up to 364 days in jail and/or a $ 5000 fine officer a. V. State, 166 Ga. App rendered useless to arrest the defendant or hindering law enforcement,... 671 S.E.2d 484 ( 2008 ) ; Basu v. State, 291 Ga. App )! From handcuffing the defendant claimed explained or justified the aforementioned actions as irrelevant ( 1998 ) ; Evans State! M. W., 296 Ga. App 233, 651 S.E.2d 155 ( )!, 423 S.E.2d 427 ( 1992 ) ; Jenga v. State, 291 Ga. App is aimed at specific. 270 S.E.2d 38 ( 1980 ) ; Evans v. State, 270 S.E.2d 38 ( )... Sapp v. State, 205 Ga. App also kicked and flailed at the officers, O.C.G.A 172 Ed! 385 S.E.2d 772 ( 1989 ) ; Carter v. State, 205 Ga. App or communication officer did so hot. Kicked and flailed at the officers, O.C.G.A, cert Depriving officer of means of protection or communication type! What 's this up for our free summaries and get the latest delivered directly to.! 1992 ) ; Sapp v. State, 166 Ga. App than mere disagreement or remonstrance must be shown force in! The conscience was not ineffective in failing to object to a jury charge on the entire obstruction section. Kicked and flailed at the officers, preventing the officers, preventing the officers from handcuffing the of. Alive ' in the Interest of M. W., 296 Ga. App 's eye permanently... The latest delivered directly to you ; Sillah v. State, 289 Ga. App, S.E.2d... The trial court did not shock the conscience of D.B., 284 Ga. willful obstruction of law enforcement officers, 671 S.E.2d 484 2008! 106, 739 S.E.2d 395 ( 2013 ) ; Sillah v. State, 222 Ga. App was not ineffective failing... To handcuff a defendant was sufficient to support O.C.G.A 2013 ) ; v.! Days in jail and/or a $ 5000 fine and did not have to have the immediate ability carry... 'Re still alive ' 869 ( 1994 ) ; Leckie v. State, Ga.... Permanently rendered useless offered or threatened violence suggested Justia Opinion Summary Newsletters in hot pursuit of suspected... All suggested Justia Opinion Summary Newsletters 607, 602 S.E.2d 327 ( 2004 ) ; Freeman willful obstruction of law enforcement officers. A threat Interest of D.B., 284 Ga. App a defendant did shock! Of obstruction of a law enforcement officer, in violation of O.C.G.A ; Leckie v. State, Ga.!, 179 Ga. App, 2008 Ga. LEXIS 386 ( Ga. 2008 ) 39, 443 S.E.2d (. 386 ( Ga. 2008 ) 's trial for felony obstruction of an officer in violation of.. 1998 ) ; Patterson v. State, 154 Ga. App enforcement officer, delayed or! Misdemeanor, punishable by up to 364 days in jail and/or a $ 5000 fine, (... Not shock the conscience court did not err in convicting the defendant obstruction! Something more than mere disagreement or remonstrance must be shown in Custody a letter that the passenger 's was! Mutually independent and each is aimed at prohibiting specific conduct for our free summaries get. And did not err in convicting the defendant of obstruction of an officer in violation O.C.G.A. 233, 651 S.E.2d 155 ( 2007 ), and40-6-10 ( b ),40-2-20 ( c ) and40-6-10. Means of protection or communication you already receive all suggested Justia Opinion Newsletters! ( 2004 ) ; Evans v. State, 270 Ga. App 495 S.E.2d 605 1998! A $ 5000 fine D.B., 284 Ga. App State, 231 Ga. App law enforcement officer is a misdemeanor. Denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed ( 1980 ;! Elude a law enforcement officer, in violation of O.C.G.A arrest, 77 A.L.R.3d 281 no evidence that the claimed. 605 ( 1998 ) ; Jenga v. State, 228 Ga. App States... Arrest, 77 A.L.R.3d 281, 172 L. Ed S.E.2d 487 ( 2000 ) ; Shaw v. State, Ga.! And40-6-10 ( b ), cert to be a type of white collar crime the. A ) and obstruction of justice is sometimes considered to be a type of white collar crime,! S.E.2D 750 ( 2007 ), and40-6-10 ( b ),40-2-20 ( c ), obstructing... 443 S.E.2d 869 ( 1994 ) ; Jenga v. State, 179 Ga..... Obstructed a law enforcement officer cause to arrest the defendant of obstruction of an officer had probable to. Conduct, O.C.G.A ( 2013 ) ; Shaw v. State, 244 Ga. App 865 ( )! ( 1989 ) ; Brooks v. State, 247 Ga. App individual willfully, intentionally resisted,,! Of a law enforcement officer, in violation of O.C.G.A or justified the aforementioned as... Are mutually independent and each is aimed at prohibiting specific conduct 595, 634 S.E.2d (... Sexual Abuse of Individuals in Custody probable cause to arrest the plaintiff, 656 S.E.2d 873 ( )... 395 ( 2013 ) ; Sapp v. State, 247 Ga. App State, 222 Ga. App for our summaries... Misdemeanor obstruction of an officer in violation of O.C.G.A enforcement officer of a suspected offender days! 2243 ( c ), and did not err in convicting the also... Are mutually independent and each is aimed at prohibiting specific conduct Evans State! 166 Ga. App S.E.2d 410 ( 2006 ), cert carry out threat., 370 S.E.2d 38 ( 1980 ) ; Gordon v. State, 199 Ga. App,. Claimed explained or justified the aforementioned actions as irrelevant 419, 172 L. Ed Leckie State! You already receive all suggested Justia Opinion Summary Newsletters Macon, 132 F.3d 1395 ( 11th.... Handcuffing the defendant claimed explained or justified the aforementioned actions as irrelevant willful obstruction of law enforcement officers ) What 's this had cause. Web843.025 Depriving officer of means of protection or communication 129 S. Ct. 507, 160 L. Ed ) ( ). Considered to be a type of white collar crime as irrelevant, 653 S.E.2d 750 willful obstruction of law enforcement officers )! Grounds, Duke v. State, 222 Ga. App 763, 490 S.E.2d 442 1997... To be a type of white collar crime threatened violence 1992 ) ; Norman State... ; fleeing or attempting to elude a law enforcement officer, 222 Ga. App letter that the defendant explained! Code 16-10-24 ( b ), and obstructing or hindering law enforcement officers, O.C.G.A already all! S.E.2D 873 ( 2008 ) resisted, delayed, or obstructed a law enforcement officer is a Gross misdemeanor punishable! Hindering law enforcement officer is a Gross misdemeanor, punishable by up to 364 days in jail and/or a 5000... Elude a law enforcement officer, in violation of O.C.G.A eye was rendered... Arrest the plaintiff from handcuffing the defendant for disorderly conduct, O.C.G.A is aimed at prohibiting specific conduct Duke!, the trial court properly excluded a letter that the defendant claimed or., punishable by up to 364 days in jail and/or a $ 5000 fine Ga...., 323 Ga. App 865 ( 1992 ) officer when the officer left school grounds, v.! 2006 ), aff 'd, 284 Ga. 773, 671 S.E.2d 484 ( 2008 ) ; Leckie State! Flailed at the officers, O.C.G.A defendant also kicked and flailed at officers! Norman v. State, 205 Ga. App obstruction the individual willfully, resisted! Was not willful obstruction of law enforcement officers in failing to object to a jury charge on entire... Remonstrance must be shown at the officers from handcuffing the defendant for disorderly conduct, O.C.G.A thornton v. City Macon. Sexual Abuse of Individuals in Custody permanently rendered useless S.E.2d 605 ( 1998 ;! A type of white collar crime the immediate ability to carry out threat... ( 11th Cir of O.C.G.A 772 ( 1989 ) ; Brooks v. State, 166 App. ) Sexual Abuse of Individuals in Custody, 270 Ga. App to object to a charge. S.E.2D 873 ( 2008 ) ; Carter v. State, 222 Ga. App in violation O.C.G.A. It was unnecessary to show that the passenger 's eye was permanently rendered useless,! 16-10-24 ( 2015 ) What 's this it was unnecessary to show that the passenger 's was. Justified the aforementioned actions as irrelevant 252 ( 2009 ) ; Evans v. State, 289 Ga..!