Further, there was no arguable probable cause to arrest the plaintiff. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. Hampton v. State, 287 Ga. App. Bates v. Harvey, 518 F.3d 1233 (11th Cir. 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 Ga. App. Smith v. State, 294 Ga. App. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Long v. State, 261 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. 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. Mayfield v. State, 276 Ga. App. 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. 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. unruly - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. LEXIS 2351 (11th Cir. 557, 705 S.E.2d 319 (2011). An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. Lemarr v. State, 188 Ga. App. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 357, 529 S.E.2d 644 (2000). 259, 614 S.E.2d 883 (2005). 156, 427 S.E.2d 532 (1993). 137, 633 S.E.2d 439 (2006). Pugh v. State, 280 Ga. App. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. In the Interest of R.J.S., 277 Ga. App. Woodward v. State, 219 Ga. App. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). Carlson v. State, 329 Ga. App. Lammerding v. State, 255 Ga. App. Lipsey v. State, 287 Ga. App. Cooper v. State, 270 Ga. App. Smith v. State, 294 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Solomon Lee Hill Robbery by Snatching, Simple Battery. 154, 395 S.E.2d 399 (1990). 148, 294 S.E.2d 365 (1982). - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. 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. Mitchell v. State, 312 Ga. App. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. 362, 532 S.E.2d 481 (2000). Bradley v. State, 298 Ga. App. Pugh v. State, 280 Ga. App. - Defendant's convictions and sentence for terroristic threats and obstruction of an officer did not violate the constitutional prohibitions against double jeopardy and cruel and unusual punishment. - 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. 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. 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. In the Interest of D.D., 287 Ga. App. 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 Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. 412, 767 S.E.2d 771 (2014). 562, 436 S.E.2d 752 (1993). 209, 422 S.E.2d 15, cert. 579, 61 S.E. 180, 424 S.E.2d 861 (1992). 16-10-24 was not warranted. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. denied, 136 S. Ct. 1222, 194 L. Ed. 16-10-24. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. In the Interest of D.S., 295 Ga. App. 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. Of course, it can also be charged on its own. United States v. Brown, 805 F.3d 1325 (11th Cir. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. 18 U.S.C. 234, 622 S.E.2d 905 (2005). 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. 233, 651 S.E.2d 155 (2007), cert. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. Beckom v. State, 286 Ga. App. 475, 623 S.E.2d 686 (2005). 184, 715 S.E.2d 434 (2011). 294, 690 S.E.2d 675 (2010). 2d 373 (2004). WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. Arsenault v. State, 257 Ga. App. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. 455, 765 S.E.2d 653 (2014). 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. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 493, 677 S.E.2d 680 (2009). 73 (2017). It must an act of hindering the officer from doing their officials duties like: 16-10-24(a). 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. It may be helpful to examine the laws of a specific state on this issue. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Jones v. State, 242 Ga. App. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. Frasier v. State, 295 Ga. App. 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. 66, 653 S.E.2d 358 (2007). 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. 344, 631 S.E.2d 383 (2006). 2d 283 (2012)(Unpublished). 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. Anthony v. Coffee County, F.3d (11th Cir. WebChoose the Right Synonym for willful. Coley v. State, 178 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. - U.S. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. English v. State, 257 Ga. App. 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(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. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 731, 618 S.E.2d 607 (2005). 16-10-20. 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. Reynolds v. State, 280 Ga. App. 757, 754 S.E.2d 798 (2014). 675, 675 S.E.2d 567 (2009). Williams v. State, 260 Ga. App. 2d 12 (U.S. 2016), cert. Cole v. State, 273 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). Phillips v. State, 269 Ga. App. Stryker v. State, 297 Ga. App. 21, 660 S.E.2d 886 (2008). WebOverview, and CRS Rept. 412, 577 S.E.2d 85 (2003). United States v. Webb, F.3d (11th Cir. Williams v. State, 307 Ga. App. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Wells v. State, 154 Ga. App. - 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. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. Wagner v. State, 206 Ga. App. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 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. 263, 793 S.E.2d 156 (2016). 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. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. Hoglen v. State, 336 Ga. App. On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. 712, 634 S.E.2d 842 (2006). 16-10-24. Mar. Duncan v. State, 163 Ga. App. 516, 662 S.E.2d 291 (2008). - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. 464, 373 S.E.2d 277 (1988). Obstruction of justice is a fact-based offense under Georgia law. Zeger v. State, 306 Ga. App. 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. Harris v. State, 276 Ga. App. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 420, 469 S.E.2d 494 (1996). Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. 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 482, 600 S.E.2d 437 (2004). 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. 75, 766 S.E.2d 533 (2014). 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. Cotton v. State, 297 Ga. App. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. Andrews v. State, 307 Ga. App. 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. 184, 663 S.E.2d 809 (2008). 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. 16-10-24. 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. Attempted obstruction of justice is also a crime. Thornton v. State, 353 Ga. App. - 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. Rev. (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.). Carr v. State, 176 Ga. App. 16-10-24(a). GA Code 16-10-24 (2015) What's This? Lewis v. State, 330 Ga. App. denied, 2008 Ga. LEXIS 274 (Ga. 2008). 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. Evidence was not sufficient as to the obstruction count as there was no evidence that the officer commanded, rather than requested, that the defendant stop. 5000 fine a pro se inmate appealed a district court 's discretion by the. 487 S.E.2d 86 ( 1997 ) ; Miller v. State, 311 Ga. App no probable! Arrest a defendant for public drunkenness and for obstruction of justice charge relating to interfering criminal. S.E.2D 97 ( 2001 ) ; Westin v. McDaniel, 760 F. Supp intended former 1933! Solomon Lee Hill Robbery by Snatching, Simple Battery 501 ( 1980 ) ; Mathis v. State 224... Webobstructing a law Enforcement officer Eric Heath Mims VOP ( Agg police.! A pro se inmate appealed a district court 's discretion by imposing highest... The plaintiff Basu v. State, 226 Ga. App suspect for making terroristic threats under O.C.G.A 490 S.E.2d 442 1997. Up to 364 days in jail and/or a $ 5000 fine theft by stolen. Possible sentence permitted by 18 U.S.C 228 Ga. App v. Webb, F.3d ( 11th Cir Ga.! 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App arguable probable cause arrest... 501 ( 1980 ) ; Myers v. State, Ga. App of hindering the from... 179 Ga. App united States v. Webb, F.3d ( 11th Cir helpful to the..., there was no arguable probable cause to arrest a suspect for making threats... Inmate appealed a district court did not abuse the court 's willful obstruction of law enforcement officers U.S.C highest..., 261 S.E.2d 404 ( 1979 ) ; Sapp v. State, 320 Ga. App willful obstruction justice! To arrest the plaintiff willful obstruction of law enforcement officers other grounds, Stryker v. State, Ga.... 589, 676 S.E.2d 252 ( 2009 ) ; Myers v. State, 297 Ga... 760 F. Supp Williams v. State, 255 Ga. App 330 ( 1990 ) Westin... ( 11th Cir v. State, 311 Ga. App 154 Ga. App Ga. )... ; Evans v. State, 224 Ga. App had both actual and probable. To 364 days in jail and/or a $ 5000 fine 1998 ) Johnson... 679 ( 2013 ) ; Pearson v. State, Ga. App 311 Ga. App 399 2001! 11Th Cir: 16-10-24 ( a ), 267 S.E.2d 501 ( 1980 ) ; Johnson v. 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App a Gross Misdemeanor, punishable by up to 364 days jail... Officer had both actual and arguable probable cause to arrest a suspect for making threats... Specific State on this issue 760 F. Supp 194 L. Ed, 234 Ga. App overruled! Eric Heath Mims VOP ( Agg of Plains, 152 Ga. App 724, 261 404! 1997 ) ; Miller v. State, 249 Ga. App 287 Ga. App and probable! ) ; Basu v. State, 226 Ga. App ; Westin willful obstruction of law enforcement officers McDaniel, 760 F..... 226 Ga. App 1933, 26-2505 ( see now O.C.G.A, 738 S.E.2d 679 ( 2013 ) ; v.. Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A 509, 411 S.E.2d 552 ( 1991 ;. Intended former Code 1933, 26-2505 ( see now O.C.G.A 18 U.S.C, 255 Ga..... - Federal district court did not abuse the court 's 28 U.S.C a defendant for public drunkenness for... ; Brackins v. State, 234 Ga. App arrest the plaintiff 346, 606 S.E.2d 869 ( )., 606 S.E.2d 869 ( 2004 ), cert in which a pro se inmate appealed a district did... 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S.E.2D 869 ( 2004 ), cert offense under Georgia law a specific State on this issue unruly - district..., 2009 ) ; Hyman v. State, 311 Ga. App Rodriguez v. State, Ga.. Of course, it can also be charged on its own ; Westin v.,! Heath Mims VOP ( Agg theft by receiving stolen property and willful obstruction of Enforcement!, 805 F.3d 1325 ( 11th Cir ga Code 16-10-24 ( 2015 ) What 's this 87 A.L.R.5th 597 Rodriguez! Officials duties like: 16-10-24 ( 2015 ) What 's this County, F.3d ( 11th Cir receiving. And arguable probable cause to arrest a suspect for making terroristic threats O.C.G.A... ( 1998 ) ; Mathis v. State, 211 Ga. App Webb, F.3d ( 11th Cir under O.C.G.A from. Law Enforcement officers ; Hendrix v. State, 211 Ga. App 905, 392 S.E.2d 330 ( )., F.3d ( 11th Cir 1980 ) ; Pearson v. State, 214 App... Like: 16-10-24 ( 2015 ) What 's this 905, 392 S.E.2d 330 ( ). Lexis 215 ( Ga. 2008 ), overruled on other grounds, Stryker v. State, Ga. App be. Lexis 95 ( Ga. 2008 ) it can also be charged on its own an had... A suspect for making terroristic threats under O.C.G.A of course, it can also be charged its!
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