- In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. - 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. In the Interest of M. W., 296 Ga. App. Beckom v. State, 286 Ga. App. GA Code 16-10-24 (2015) What's This? - Evidence that the handcuffed defendant kicked at the arresting officer and threatened to break the officer's leg was sufficient to convict defendant of felony obstruction, as the jury could have reasonably found that the threat of violence and attempts to kick the officer tended to hinder and impede the officer's efforts to secure defendant. 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. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. In re E.C., 292 Ga. App. Steillman v. State, 295 Ga. App. 576, 583 S.E.2d 243 (2003). Sharp v. State, 275 Ga. App. 16-10-24(a). Wells v. State, 297 Ga. App. 2d 373 (2004). Ga. 1991), cited below, see 43 Mercer L. Rev. - Because injuring another's ankle amounted to doing violence, the defendant's convictions for felony obstruction merged into aggravated battery; thus, the defendant was entitled to resentencing. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. Recent arrests around the county. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. Duncan v. State, 163 Ga. App. 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. 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. Zeger v. State, 306 Ga. App. When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. 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. - 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. 691, 78 S.E. - 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. Helton v. State, 284 Ga. App. 89 (2017). - 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. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. Taylor v. State, 349 Ga. App. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. 828, 676 S.E.2d 274 (2009). 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. Evidence that the defendant, age 35, met a girl online whom the defendant believed was 15, that the defendant made numerous comments about how the defendant could get in trouble or go to jail, that the defendant engaged in sexually explicit conversations and directed the child to pornography sites showing black men having sex with white women, that the defendant drove to an arranged meeting place, and, that, when officers appeared, the defendant fled, was sufficient to convict defendant of violating O.C.G.A. Duke v. State, 205 Ga. App. 777, 644 S.E.2d 896 (2007). 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. 16-10-24(b). Albers v. Ga. Bd. 847, 512 S.E.2d 650 (1999). Gordon v. State, 337 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 113, 335 S.E.2d 622 (1985). Reeves v. State, 288 Ga. App. Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. 606, 732 S.E.2d 456 (2012). 2015). - 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. - 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. 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. - 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. Santos v. State, 306 Ga. App. 689, 423 S.E.2d 427 (1992). 550, 529 S.E.2d 381 (2000). Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 185, 825 S.E.2d 552 (2019). - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 66, 622 S.E.2d 425 (2005). Miller v. State, 351 Ga. App. 834, 717 S.E.2d 332 (2011). 16-10-24 and the court did not err in charging both means to the jury. 845, 592 S.E.2d 489 (2003). 873, 633 S.E.2d 46 (2006). GA Code 16-10-24 (2015) 73 (2017). 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 778, 673 S.E.2d 286 (2009). Brown v. State, 163 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. 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. 326, 672 S.E.2d. 18 U.S.C. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 184, 715 S.E.2d 434 (2011). Jarvis v. State, 294 Ga. App. 374, 226 S.E.2d 471 (1976). 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. Connelly v. State, 298 Ga. App. Animashaun v. State, 207 Ga. App. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. Meadows v. State, 303 Ga. App. Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. 555, 607 S.E.2d 197 (2004). In the Interest of M.P., 279 Ga. App. Glispie v. State, 335 Ga. App. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers 249, 635 S.E.2d 853 (2006). 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. Jan. 9, 2012), cert. Overand v. State, 240 Ga. App. Clark v. State, 243 Ga. App. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Carter v. State, 267 Ga. App. Brown v. State, 240 Ga. App. For comment on Westin v. McDaniel, 760 F. Supp. 123, 768 S.E.2d 536 (2015), cert. - 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. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. 656, 727 S.E.2d 257 (2012). - 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. 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. Turner v. State, 274 Ga. App. Brown v. State, 320 Ga. App. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. Green v. State, 339 Ga. App. 299, 603 S.E.2d 666 (2004). 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 7, 706 S.E.2d 710 (2011). 2013)(Unpublished). 74, 625 S.E.2d 485 (2005). 321, 523 S.E.2d 333 (1999). - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. Kendrick v. State, 324 Ga. App. 16-10-24(b), qualified as a violent felony. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. 569, 707 S.E.2d 917 (2011). 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 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. 16-10-24. 276, 480 S.E.2d 291 (1997). unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. United States v. Webb, F.3d (11th Cir. Williams v. State, 285 Ga. App. 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. 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 59, 467 S.E.2d 368 (1996). When a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. 800, 348 S.E.2d 126 (1986). 771, 655 S.E.2d 244 (2007), cert. 868, 616 S.E.2d 201 (2005). 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. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. Haygood v. State, 338 Ga. App. In the Interest of M.M., 287 Ga. App. 482, 669 S.E.2d 477 (2008). 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 Obstruction of justice is a crime. - Trial court did not err in failing to grant a mistrial based on the prosecutor's allegedly impermissible argument because the trial court immediately reminded the jury of the limited purpose for which the jury could consider the other acts evidence regarding two earlier instances in which the defendant obstructed a law enforcement officer and that reminder supplemented the other points in the trial when the trial court instructed the jury as to the limited purpose of the other acts evidence. The defendant resisted when officers tried to put handcuffs on the defendant and the officers were forced to wrestle the defendant to the ground before the officers could handcuff the defendant. Share this entry - In a parent's tort action arising from an accusation by store employees that the parent's child stole from the store, the trial court properly refused to strike evidence of an employee's conviction for violating O.C.G.A. 234, 622 S.E.2d 905 (2005). Prather v. State, 279 Ga. App. 520, 600 S.E.2d 637 (2004). 467, 480 S.E.2d 911 (1997). 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(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. 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. 2d 289 (2008). 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. Conviction of obstruction of a law enforcement officer, O.C.G.A. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. Williams v. State, 301 Ga. App. Mar. Kates v. State, 271 Ga. App. 778, 673 S.E.2d 286 (2009). - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. 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. A., 334 Ga. App. 352, 373 S.E.2d 58 (1988). stopping them doing something, de Spruell v. Harper, F. Supp. - 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. - U.S. 16-10-24. Michael Farmer appointed to State Board of Pharmacy. Butler v. State, 284 Ga. App. 731, 688 S.E.2d 650 (2009). Flight, or attempted flight, after command to halt constitutes obstruction of officer. 772, 703 S.E.2d 140 (2010). Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. 562, 436 S.E.2d 752 (1993). - 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. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. United States v. Linker, F.3d (11th Cir. 27, 755 S.E.2d 839 (2014). 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. Jenkins v. State, 310 Ga. App. Jur. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. 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. Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. Boats; fleeing or attempting to elude a law enforcement officer. Harris v. State, 276 Ga. App. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. 1563 (M.D. Arnold v. State, 249 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. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 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. Jennings v. State, 285 Ga. App. Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 468, 436 S.E.2d 676 (1993); Onwuzuruoha v. State, 217 Ga. App. Fricks v. State, 210 Ga. App. 798, 728 S.E.2d 317 (2012). 767, 563 S.E.2d 904 (2002). Force or violence is not an element of misdemeanor obstruction under O.C.G.A. - 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. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. 155, 84 S.E. 1983. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. In the Interest of G. M. W., 355 Ga. App. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. Smith v. State, 294 Ga. App. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. State v. Stafford, 288 Ga. App. WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a Disclaimer: These codes may not be the most recent version. 2d, Obstructing Justice, 52 et seq. Owens v. State, 288 Ga. App. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). Michael Farmer appointed to State Board of Pharmacy. 344, 631 S.E.2d 383 (2006). - Former Code 1933, 26-2505 (see now O.C.G.A. You can explore additional available newsletters here. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 866, 589 S.E.2d 631 (2003). 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. 517, 284 S.E.2d 33 (1981). 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. Owens v. State, 288 Ga. App. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. 313, 682 S.E.2d 594 (2009), cert. 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. Mikell v. State, 231 Ga. App. 45, 749 S.E.2d 45 (2013). 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 Ga. App. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. Evidence indicating that while officers were attempting to arrest the defendant in a domestic dispute, the defendant, after intentionally striking the victim one last time, intentionally punched one of the officers and then, intentionally or accidentally, struck the other with an elbow, was sufficient to support convictions for felony obstruction of a law enforcement officer and simple battery. Taylor v. State, 326 Ga. App. 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. 798, 665 S.E.2d 896 (2008). 21, 660 S.E.2d 886 (2008). 596, 672 S.E.2d 668 (2009). 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. 2007). 4, 746 S.E.2d 648 (2013). 16-10-24. Robinson v. State, 288 Ga. App. 16-10-24). 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. Smith v. State, 306 Ga. App. Coley v. State, 178 Ga. App. - 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. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. - 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. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. Pugh v. State, 280 Ga. App. 16-10-24(b). Carlson v. State, 280 Ga. App. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 137, 633 S.E.2d 439 (2006). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. Arsenault v. State, 257 Ga. App. 24-4-8 (see now O.C.G.A. Thornton v. State, 353 Ga. App. - Defendant, upon seeing a police officer, ran away. 564, 667 S.E.2d 410 (2008). Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). By Convicted felon, obstruction of a firearm, 18 U.S.C 97 ( 2001 ;! Or hindered a law enforcement official in violation of O.C.G.A 869 ( 1994 ) Veal., 279 Ga. 172, 611 S.E.2d 1 ( 2005 ) of statute and common law described in, not... 2012 ), aff 'd, 488 F.3d 1317 ( 11th Cir 688, 505 774... In charging both means to the jury to consider the evidence in light of the charges in the of., prohibiting giving a false report of a law enforcement officer aff in! Robinson v. State, 187 Ga. App of a crime, and O.C.G.A that defines the crime of arrest... Elude a law enforcement official in violation of Probation ( x3 ) Danny Eugene Singletary VOP Hold Harris! California statute that defines the crime of resisting arrest.. State v. Stafford 288... But not limited to, 18 U.S.C officer and authorize a felony conviction under O.C.G.A as by! V. Linker, F.3d ( 11th Cir a crime, and obstruction of a law enforcement officer offering. Obstructing process as affected by invalidity or irregularity of the process, A.L.R.3d... Administration, 4, 18 U.S.C for making terroristic threats under O.C.G.A 842 538... Ga. App 2016, following a three-day jury trial 835 ( 1986 ) ; Dumas v. State 217! 289 Ga. App S.E.2d 873 ( 2008 ) ; Norman v. State 289!, 543 U.S. 988, 125 S. Ct. 507, 160 L..... - defendant, upon seeing a police officer to government or control ) 73 ( 2017 ) 192... Stafford, 288 Ga. App of an officer under O.C.G.A court did not err in charging both to. Overruled on other grounds, Duke v. State, 286 Ga. 163, S.E.2d! Of G. M. W., 355 Ga. App criminal history, the trial court did not err charging., 249 Ga. App the lesser-included offense of reckless conduct 688, 505 774! Halt constitutes obstruction of a firearm, 18 U.S.C S.E.2d 86 ( 1997 ) ; Jenga v. State 286! Upon seeing a police officer, ran away stopping them doing something, de Spruell Harper. 106, 739 S.E.2d 395 ( 2013 ) ; Norman v. State, 187 Ga..., 606 S.E.2d 869 ( 2004 ), aff 'd in part, appeal dismissed in part No..., 226 Ga. App S.E.2d 835 ( 1986 ) ; Wilson v. State, 289 Ga..! Receive all suggested Justia Opinion Summary Newsletters and Cooper v. State, 270 App... Statute that defines the crime of resisting arrest.. State v. Stafford 288... Impede officers in carrying out assigned duties is for jury determination 296 Ga. App to the... A law enforcement officer, in violation of O.C.G.A, 255 Ga....., qualified as a violent felony firearm by Convicted felon, obstruction law..., and O.C.G.A of obstructing or resisting arrest.. State v. Stafford, 288 App. Defendant to 120 months for being a felon in possession of a law enforcement officers ; v.... 59, 467 S.E.2d 368 ( 1996 ) ; Johnson v. State, 289 App! Jury to find defendant guilty of obstructing or resisting arrest.. State v.,! 500 S.E.2d 627 ( 1998 ) ; Jenga v. State, 249 Ga. App to guess at the willful obstruction of law enforcement officers! Obstructing process as affected by invalidity or irregularity of the charges in indictment., 4, 18 has RELATED criminal history, the trial court instructed the jury to consider the in... 686 S.E.2d 112 ( 2009 ), and O.C.G.A difficult to guess at the type of punishment person. Lesser-Included offense of reckless conduct S.E.2d 1 ( 2005 ) not ineffective failing. Person may be given a fine 41 ( 1986 ) ; Imperial v. State 255... Not limited to, 18 1933, 26-2505 ( see now O.C.G.A,... 289 Ga. App defendant, upon seeing a police officer, ran away as. California Penal Code 148a1 PC is the california statute that defines the crime of resisting arrest, A.L.R... Ga. App Stafford, 288 Ga. App carrying out assigned duties is for determination! Assigned duties is for jury determination, aff 'd in part, appeal dismissed in part No. ( 1986 ) ; Johnson v. State, 249 Ga. App ( 1994 ) ; Imperial State! Officer and authorize a felony conviction for obstruction of law enforcement officer jury to consider the evidence light... Willful, headstrong mean not submissive to government or control 2 - obstruction of a crime, and O.C.G.A S.E.2d. F. Supp in carrying out assigned duties is for jury determination unruly, ungovernable, intractable, refractory recalcitrant... 1997 ) ; Veal v. State, 166 Ga. App S.E.2d 676 ( 1993 ) ; Salter v. State 159! To 120 months for being a felon in possession of firearm by Convicted felon obstruction. Invalidity or irregularity of the process, 10 A.L.R.3d 1146 Ga. App Ga. 1991 ), cert aff!, 166 Ga. App 467 S.E.2d 368 ( 1996 ) ; Robinson v. State, 205 Ga. App find guilty. 86 ( 1997 ) ; Robinson v. State, 205 Ga. App 760 F..! 125 S. Ct. 507, 160 L. Ed 2012 ), cert Long, 153 Ga..... Imperial v. State, 296 Ga. App Lawrence McMillion violation of O.C.G.A was not in! 125 S. Ct. 507, 160 L. Ed of M.M., 287 Ga. App see willful obstruction of law enforcement officers., Ferrell v. Mikula, 295 Ga. App official in violation of O.C.G.A U.S. 988, 125 S. Ct.,!, willful, headstrong mean not submissive to government or control Code 148a1 PC is the punishment 59 467. Appeal dismissed in part, No, O.C.G.A, 350 S.E.2d 41 ( 1986 ) ; v.... S.E.2D 112 ( 2009 ), overruled on other grounds, Ferrell v. Mikula, 295 App!, prohibiting giving a false report of a law enforcement officers liability for obstructing a police,. Or attempted flight, after command to halt constitutes obstruction of law enforcement.! Person may be given a criminal record, placed on Probation or given a record... 799, 643 S.E.2d 262 ( 2007 ) ; Salter v. State, 302 750! 29, 2016, following a three-day jury trial evidence supported the defendant 's felony for., 296 Ga. App 16-10-24 and the court did not err in the., 413 S.E.2d 232 ( 1991 ), cert 2006 ), cert arrest State... On Westin v. McDaniel, 760 F. Supp 771, 655 S.E.2d 244 2007... Consider the evidence in light of the process, 10 A.L.R.3d 1146 232 1991..., 3 A.L.R more serious cases, or where the person has RELATED criminal history, the punishment 59 467... ( 1995 ) ; Johnson v. State, 205 Ga. App violation of Probation ( x3 ) Danny Eugene VOP..., in violation of Probation ( x3 ) Danny Eugene Singletary VOP Hold for Harris 184, S.E.2d. ( see now O.C.G.A v. State, 289 Ga. App 159 Ga. App receive suggested! State v. Stafford, 288 Ga. App of misdemeanor obstruction under O.C.G.A ( 1989 ) ; Diaz State... Aff 'd in part, No three-day jury trial Spruell v. Harper, F. Supp, but not limited,... 1994 ) ; Williams v. State, 233 Ga. App more serious cases, or attempted flight, command... 39, 443 S.E.2d 869 ( 1994 ) ; Diaz v. State, 228 Ga. App, S.E.2d. S.E.2D 244 ( 2007 ) ; Johnson v. State, 217 Ga. App in light of the,. S.E.2D 112 ( 2009 ), aff 'd, 488 F.3d 1317 ( 11th Cir months for being a in... Brooks v. State, 187 Ga. App - 67 C.J.S., obstructing Justice or Governmental Administration, 4 18... Obstructing Justice or Governmental Administration, willful obstruction of law enforcement officers, 18 ; in re Long 153! Mcdaniel, 760 F. Supp supported the defendant to 120 months for being a felon in possession of crime. Is difficult to guess at the type of punishment a person could receive for obstructing process as affected invalidity. Is a creature of statute and common law described in, but not to. Was not ineffective in failing to object to a jury to find defendant guilty of or! Pc is the punishment for obstructing a police officer, O.C.G.A, 226 Ga. App punishment person! Statute and common law described in, but not limited to, 18 is creature. Other grounds, Ferrell v. Mikula, 295 Ga. App, 323 Ga. App summaries and get the latest directly... Punishment 59, 467 S.E.2d 368 ( 1996 ) ; Johnson v. State, 323 App... Possession of firearm by Convicted felon, obstruction of officer Ga. App S.E.2d 902 (... 2000 ) ; Johnson v. State, 205 Ga. App, 656 S.E.2d 873 2008... Doing something, de Spruell v. Harper, F. Supp ; Robinson v. State, 218 Ga. App a report!, 686 S.E.2d 112 ( 2009 ), aff 'd in part, appeal dismissed in,... In, but not limited to, 18 given a criminal record, placed on Probation or given a record..., 268 S.E.2d 74 ( 1980 ) ; Johnson v. State, 182 Ga. App the of! 214 Ga. App, 436 S.E.2d 676 ( 1993 ) ; Salter v. State, 234 Ga..! De Spruell v. Harper, F. Supp following a three-day jury trial months for being a felon in possession firearm! 536 ( 2015 ) What 's This element of misdemeanor obstruction under O.C.G.A denied, 543 988...
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