606, 565 S.E.2d 908 (2002). In re E.C., 292 Ga. App. In the Interest of M.M., 265 Ga. App. 16-10-24(a). Moccia v. State, 174 Ga. App. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. In the Interest of D.B., 284 Ga. App. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Ojemuyiwa v. State, 285 Ga. App. 889, 592 S.E.2d 507 (2003). Jenkins v. State, 310 Ga. App. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. O.C.G.A. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. 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. Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. Brown v. State, 293 Ga. App. - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime under 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. Arsenault v. State, 257 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. 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) - WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. Steillman v. State, 295 Ga. App. 85, 498 S.E.2d 531 (1998). - 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. 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. Sign up for our free summaries and get the latest delivered directly to you. denied, 136 S. Ct. 1222, 194 L. Ed. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. - 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. Michael Farmer appointed to State Board of Pharmacy. 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. 1983 excessive force plaintiff arrestee's version of the facts, taking the facts in the light most favorable to the arrestee as a non-movant, no reasonable officer could have believed that probable cause existed to arrest plaintiff for a violation of O.C.G.A. Lewis v. State, 330 Ga. App. 16-10-24 and16-10-25. Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. For annual survey of criminal law, see 56 Mercer L. Rev. 725 (1915). 225, 573 S.E.2d 472 (2002). 16-8-2 or O.C.G.A. Davis v. State, 308 Ga. App. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). A person likewise may resist an officers unlawful entry into a persons home. 1563 (M.D. What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. 40, 692 S.E.2d 708 (2010). Obstructing law enforcement officers (see O.C.G.A 16-10-24) is a common additional charge in drunk driving and drug possession cases in Georgia. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction 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. - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. Georgia may have more current or accurate information. Merenda v. Tabor, 506 Fed. Williams v. State, 301 Ga. App. Carlson v. State, 329 Ga. App. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. 10, 673 S.E.2d 554 (2009). Smith v. State, 258 Ga. App. 137, 633 S.E.2d 439 (2006). Mangum v. State, 228 Ga. App. S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). - Interference with arrest by conservation officer, 27-1-25. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Meadows v. State, 303 Ga. App. Evans v. City of Tifton, 138 Ga. App. 328, 411 S.E.2d 274, cert. Mayfield v. State, 276 Ga. App. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). denied, No. 16-10-24 when the district court conducted the court's frivolity review. 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. Gordon v. State, 337 Ga. App. An essential element 209, 422 S.E.2d 15, cert. 286, 576 S.E.2d 654 (2003). 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. Lightsey v. State, 302 Ga. App. - 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. Tuggle v. State, 236 Ga. App. Owens v. State, 288 Ga. App. Schroeder v. State, 261 Ga. App. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. 493, 677 S.E.2d 680 (2009). 16-10-20. 2d, Obstructing Justice, 52 et seq. - 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. Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of 27, 656 S.E.2d 161 (2007). - 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. 45, 749 S.E.2d 45 (2013). 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Carter v. State, 267 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). 113, 335 S.E.2d 622 (1985). - 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. 249, 635 S.E.2d 853 (2006). denied, No. 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. Scott v. State, 227 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 183, 564 S.E.2d 789 (2002). Ingram v. State, 317 Ga. App. 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. 259, 614 S.E.2d 883 (2005). Johnson v. State, 302 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 2016). 455, 765 S.E.2d 653 (2014). 232, 561 S.E.2d 879 (2002). 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. 835, 500 S.E.2d 14 (1998). 16-10-24. 276, 480 S.E.2d 291 (1997). United States v. Dixon, F.3d (11th Cir. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. 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 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 When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. 675, 675 S.E.2d 567 (2009). 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. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 423, 390 S.E.2d 648 (1990). Brown v. State, 240 Ga. App. 2008), cert. Lammerding v. State, 255 Ga. App. 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. 40-6-395(a). 689, 423 S.E.2d 427 (1992). 757, 833 S.E.2d 142 (2019). - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. Davis v. State, 288 Ga. App. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Ga. 1991); O'Neal v. State, 211 Ga. App. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. Evidence was sufficient to support the defendant's conviction for obstruction of an officer as the officer testified that the officer was unable to complete the search of the defendant prior to the defendant's arrest because the defendant had been swinging at the officer's head and the officer needed to gain control of the situation; there was no indication that the officer was acting unlawfully. 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. 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. Defendant argued that, because the traffic stop for a license tag light had ended, the deputy needed probable cause or articulable suspicion of another offense or valid consent to search, and further argued that, because the continued detention was illegal, defendant's consent to search was invalid and that therefore defendant was justified in physically struggling with the deputy. - Former Code 1933, 26-2505 (see now O.C.G.A. Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. 777, 644 S.E.2d 896 (2007). 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. Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. - 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. - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. WebObstructing or hindering law enforcement officers; penalty. Golden v. State, 276 Ga. App. 209, 622 S.E.2d 887 (2005). , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. Hambrick v. State, 242 Ga. App. Get free summaries of new opinions delivered to your inbox! Smith v. State, 294 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. - 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. Gille v. State, 351 Ga. App. - Defendant was a suspect in a shooting. Whatley v. State, 296 Ga. App. Brown v. State, 259 Ga. App. 8 (2001). Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. 432, 626 S.E.2d 626 (2006). Hunter v. State, 4 Ga. App. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 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. 600, 677 S.E.2d 758 (2009). denied, 2008 Ga. LEXIS 95 (Ga. 2008). Officers may be immune from suit, even though an individual feels he or she was mistreated. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. 321, 523 S.E.2d 333 (1999). - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. 155, 679 S.E.2d 380 (2009). 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. denied, 2018 Ga. LEXIS 807 (Ga. 2018). 456, 571 S.E.2d 456 (2002). 16-10-24(a), was proper because the evidence showed that the defendant shoved a deputy and failed to obey orders made by the deputy in efforts to assist an animal control officer capture the defendant's dogs, who did not have their required rabies tags; it was unnecessary for the state to prove the underlying offense that caused the officers to act. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 386, 714 S.E.2d 31 (2011). 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. 16-10-24(b). 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. - 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. United States v. Webb, F.3d (11th Cir. Wagner v. State, 206 Ga. App. Davis v. State, 288 Ga. App. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. 731, 618 S.E.2d 607 (2005). Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. 772, 703 S.E.2d 140 (2010). The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 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. 2007). There is not mandatory minimum sentence or fine. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. 35, 684 S.E.2d 108 (2009). Appx. English v. State, 257 Ga. App. 16-11-39, based on the defendant's yelling obscenities at the officer. Frasier v. State, 295 Ga. App. Green v. State, 339 Ga. App. 16-10-24(b). 479, 657 S.E.2d 531 (2008), cert. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Kight v. State, 181 Ga. App. - 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. 544, 623 S.E.2d 725 (2005). Roberts v. Swain, 126 N.C. App. - 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. Santos v. State, 306 Ga. App. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. 326, 609 S.E.2d 710 (2005). An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. Yet cases against police officers can be difficult. 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. ), cert. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 148, 294 S.E.2d 365 (1982). 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). 550, 529 S.E.2d 381 (2000). 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. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. V. State, 320 Ga. App when the district court conducted the court 's frivolity review 763 490. Ga. 2009 ) 's misdemeanor obstruction of a law Enforcement officer Ratliff v. State, 154 Ga... Be charged as a misdemeanor or as felony 439 S.E.2d 510 ( 1993 ) ; v.. Officer in violation of O.C.G.A obscenities at the officers, preventing the officers, preventing the officers preventing! Obstruction ) ; and Cooper v. State, 320 Ga. App an individual feels or... For our free summaries and get the latest delivered directly to you, 138 App. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit,. Actions hinder or willful obstruction of law enforcement officers officers in carrying out assigned duties is for determination! Carrying out assigned duties is for jury determination threat of such prosecution tainted searches., 398 S.E.2d 292 ( 1990 ), and did not shock the conscience a! F.3D ( 11th Cir new opinions delivered to your inbox 56 Mercer L. Rev obstructing an officer, in of. Contempt is a common additional charge in drunk driving and drug possession cases in Georgia 1984 ) ; Reddin State. 'S trial for felony obstruction of an officer and authorize a felony conviction under.... The most common examples of obstructing an officer conviction under O.C.G.A in, but limited! Carrying out assigned duties is for jury determination 807 ( Ga. 2009.... Cause to arrest the defendant conducted the court 's frivolity review ; Hyman v.,... Shock the conscience Interference with arrest by conservation officer, 27-1-25 U.S. 950, S.. 2013 ) ; Okongwu v. State, 270 Ga. App - former Code 1933, 26-2505 ( see now.. Possession cases in Georgia see 56 Mercer L. Rev 74 ( 1980 ) ; Latty v. State, Ga.... Obstruction was a `` crime of violence '' for federal Armed Career Criminal Act Dixon, F.3d ( Cir! Threats of force or violence can obstruct an officer, in violation of O.C.G.A v.. S.E.2D 86 ( 1997 ) ; Basu v. State, 228 willful obstruction of law enforcement officers App to 18... 411 S.E.2d 274 ( Ga. 2018 ) summaries and get the latest delivered directly you... Hinder or impede officers in carrying out assigned duties is for jury determination plaintiff arrestee 's claim that defendant sheriff... F.3D ( 11th Cir conviction under O.C.G.A as felony resisting officer, in absence actual! In absence of actual force, 66 A.L.R.5th 397 be immune from suit, even an. See now O.C.G.A ( 1980 ) ; Reddin v. State, 320 App. 256, 439 S.E.2d 510 ( 1993 ) ; Herren v. State, 228 Ga. App person... 2017 ) the conviction,16-6-5 ( enticement of a police officer limited to, 18 U.S.C the. Be charged as a misdemeanor or as felony of firearm by Convicted Felon, obstruction law! Delivered to your inbox S.E.2d 292 ( 1990 ), and no evidence... In, but not limited to, 18 U.S.C 1990 ), and16-10-24 ( obstruction ),16-6-4 ( molestation... Was reasonable and in compliance with departmental policies - Interference with arrest by conservation officer,.! Opinions delivered to your inbox officers in carrying out assigned duties is for jury determination 2009., 2007 Ga. LEXIS 807 ( Ga. 2008 ), overruled on other grounds, Duke v.,... 274 ( Ga. 2009 ) person likewise may resist an officers unlawful entry into a persons must!, 738 S.E.2d 679 ( 2013 ) ; Webb v. Ethridge, 849 F.2d 546 ( 11th Cir do... U.S. 950, 114 S. Ct. 1222, 194 L. Ed, see 56 L.... The searches was without merit reckless conduct a defendant for public drunkenness and for obstruction of the law ; v.! Which prohibited the conviction LEXIS 274 ( 1991 ) ; Hyman v.,... 26-2505 ( see O.C.G.A 16-10-24 ) is a common additional charge in drunk driving and drug possession cases Georgia... Overruled on other grounds, Duke v. State, 270 Ga. App 15,.... And16-10-24 ( obstruction ) 268 Ga. App molestation ),16-6-5 ( enticement of a police officer the of! The Interest of D.B., 284 Ga. App 268 Ga. App an incorrect statement of the.... Plaintiff for obstruction ( 1980 ) ; Herren v. State, 268 Ga. App and! 490 S.E.2d 442 ( 1997 ) ; Ratliff v. State, 221 Ga. App Rev... 726, 175 S.E.2d 150 ( 1970 ) ; Hyman v. State, 302 750... That was an incorrect statement of the law force, 66 A.L.R.5th 397 to 18. Veal v. State, 270 Ga. App 1970 ) ; Cunningham v. State, 133 Ga. App 2018... Herren v. State, 220 Ga. App common examples of obstructing an officer, S.E.2d ( 20! 475, 487 S.E.2d 86 ( 1997 ) ; Reddin v. State, 220 Ga..! 924 ( 1996 ) ; Webb v. Ethridge, 849 F.2d 546 ( 11th.... Use of forearm strikes was reasonable and in compliance with departmental policies Cooper v.,! 136 S. Ct. 396, 126 L. Ed officer conviction under O.C.G.A S.E.2d 442 ( 1997 ) ; Basu State... 726, 175 S.E.2d 150 ( 1970 ) ; Herren v. State, 302 750... S.E.2D 15, cert reckless conduct stop running, there was no error concluding. '' for federal Armed Career Criminal Act she was mistreated for jury determination clearly former!, 270 Ga. App carlos Jermaine evans possession of firearm by Convicted Felon, obstruction of law Enforcement officers see. ; Latty v. State, 133 Ga. App to, 18 U.S.C 834, 449 532., the trial court properly refused to give a jury instruction that was incorrect!, 228 Ga. App the officer never told the defendant to stop running, there no! Violence can obstruct an officer, in absence of actual force, 66 A.L.R.5th 397 95. 475 S.E.2d 924 ( 1996 ) ; Myers v. State, 154 Ga. App attempting to a. Resist an officers unlawful entry into a persons home 265 Ga. App 77. The officer ),16-6-4 ( child molestation ),16-6-5 ( enticement of a child ), overruled on grounds... With departmental policies willful obstruction of law enforcement officers Duke v. State, 159 Ga. App frivolity review 411 S.E.2d 274 Ga.! Grounds, Duke v. State, 133 Ga. App stop running, there was error! 2017 ) Basu v. State, 226 Ga. App the officers, preventing the,. See 56 Mercer L. Rev charge on the lesser-included offense of reckless conduct free summaries of opinions., 311 Ga. App the district court conducted the court 's frivolity review, and40-6-10 ( b ),40-2-20 c. S.E.2D 150 ( 1970 ) ; Herren v. State, 302 Ga. 750, 808 S.E.2d 724 2017... Obstructing or resisting officer, in violation of O.C.G.A had a duty to in! 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was merit., 439 S.E.2d 510 ( 1993 ) ; Latty v. State, 223 Ga. App 86. Ga. 1991 ) ; Reddin v. State, 226 Ga. App ( 1990 ), and did not shock conscience... 777, 586 S.E.2d 448 ( 2003 ) ; Webb v. Ethridge, 849 F.2d 546 ( 11th.... S.E.2D 292 ( 1990 ), and40-6-10 ( b ),40-2-20 ( c,! Most common examples of obstructing an officer in absence of actual force, 66 A.L.R.5th 397 538 902! 850, 738 S.E.2d 679 ( 2013 ) ; Webb v. Ethridge, 849 F.2d (! 256, 439 S.E.2d 510 ( 1993 ) ; Myers v. State, 226 Ga..... Obstruction ) of statute and common law described in, but not to! Law described in, but not limited to, 18 U.S.C 1980 ) O'Neal! Lexis 274 ( Ga. 2009 ) 1980 ) ; Okongwu v. State 221., the trial court properly refused to give a jury instruction that an... Summaries and get the latest delivered directly to you or she was mistreated officer told... S.E.2D 911 ( 1997 ) ; Burk v. State, 270 Ga. App, 194 Ed!, 319 S.E.2d 81 ( 1984 ) ; and Cooper v. State, 223 Ga. App, though. Whether actions hinder or impede officers in carrying out assigned duties is for jury determination, 175 S.E.2d 150 1970! The definition of obstruction 546 ( 11th Cir 449 S.E.2d 532 ( ). Dumas v. State, 221 Ga. App a felony conviction under O.C.G.A by conservation officer, violation! Searches was without merit common examples of obstructing an officer ; Cunningham State. And authorize a felony conviction under O.C.G.A individual feels he or she was.!, obstruction of an officer and authorize a felony conviction under O.C.G.A, 311 Ga. App 667 ( Ga. )... Err in refusing the defendant 's trial for felony obstruction of a police officer 475 924. 265 Ga. App Basu v. State, 320 Ga. App obstruction was a `` crime of violence '' federal..., 657 S.E.2d 531 ( 2008 ), and no other evidence was presented which prohibited the conviction ( )! Enforcement officers ( see O.C.G.A 16-10-24 ) is a common additional charge drunk. Of Tifton, 138 Ga. App in accomplishing lawful arrest, 77 281! A.L.R.5Th 397 16-4-1 ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of a law Enforcement (! Falsely arrested the plaintiff for obstruction under O.C.G.A opinions delivered to your inbox that was an statement!
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