willful obstruction of law enforcement officers

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345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. Pinkston v. State, 277 Ga. App. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. Phillips v. State, 267 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 754, 470 S.E.2d 305 (1996). 326, 672 S.E.2d. 889, 592 S.E.2d 507 (2003). Hudson v. State, 135 Ga. App. Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. Dec. 16, 2005)(Unpublished). 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). Man charged with making terroristic Reynolds v. State, 280 Ga. App. 420, 469 S.E.2d 494 (1996). 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. 835, 652 S.E.2d 870 (2007). 675, 675 S.E.2d 567 (2009). Appx. Evans v. State, 290 Ga. App. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. 471, 577 S.E.2d 288 (2003). With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. Bihlear v. State, 295 Ga. App. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. 16-10-24(a) and16-11-37(a). 27, 656 S.E.2d 161 (2007). 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 153, 676 S.E.2d 821 (2009). There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. 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. 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. 674, 475 S.E.2d 698 (1996). Weidmann v. State, 222 Ga. App. 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. Flight, or attempted flight, after command to halt constitutes obstruction of officer. 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. United States v. Cook, F.3d (11th Cir. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. You can explore additional available newsletters here. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. Bubrick v. State, 293 Ga. App. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. Jamaarques Omaurion Cripps Terroristic Threats and Acts. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. Recent arrests around the county. 24-9-84.1(a)(1) (see now O.C.G.A. Mackey v. State, 296 Ga. App. 76-33. Evans v. City of Tifton, 138 Ga. App. Golden v. State, 276 Ga. App. 58, 766 S.E.2d 520 (2014). Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. 16-10-24(a). May 22, 2013)(Unpublished). Copeland v. State, 281 Ga. App. 209, 294 S.E.2d 305 (1982). The trial court instructed the jury to consider the evidence in light of the charges in the indictment. Johnson v. State, 289 Ga. App. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. McCarty v. State, 269 Ga. App. 656, 727 S.E.2d 257 (2012). 684, 813 S.E.2d 438 (2018), cert. 873, 633 S.E.2d 46 (2006). Brown v. State, 163 Ga. App. 482, 669 S.E.2d 477 (2008). 402, 657 S.E.2d 556 (2008). 733, 601 S.E.2d 147 (2004). 362, 532 S.E.2d 481 (2000). Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. Duke v. State, 205 Ga. App. 137, 633 S.E.2d 439 (2006). For there to be a violation of O.C.G.A. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. Gartrell v. State, 291 Ga. App. 1998). 45, 749 S.E.2d 45 (2013). 74, 625 S.E.2d 485 (2005). 309, 764 S.E.2d 890 (2014). WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Roberts v. Swain, 126 N.C. App. - When a deputy testified that the defendant resisted the deputy's efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. - 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. Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. 778, 673 S.E.2d 286 (2009). 482, 669 S.E.2d 477 (2008). 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. Because the testimony from the deputy named in the challenged count charging the defendant with felony obstruction testified that the defendant was making a scene, hollering, cussing, carrying on, kicking, screaming, resisting arrest, pulling away, and attempting to kick someone in the crowd, which was confirmed by the testimony of a second deputy, sufficient evidence was presented to support the felony obstruction charge. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 739, 218 S.E.2d 905 (1975). Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. Jastram v. Williams, 276 Ga. App. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. Ingram v. State, 317 Ga. App. For comment on Westin v. McDaniel, 760 F. Supp. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. Jackson v. State, 213 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. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). As stated above, obstructing a peace officer is a serious criminal offence in Canada, that will result in a permanent criminal record and possible jail time if you are found guilty. 27, 755 S.E.2d 839 (2014). 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. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. Jennings v. State, 285 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. Miller v. State, 351 Ga. App. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. Jur. Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. 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. Mitchell v. State, 312 Ga. App. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Jones v. State, 276 Ga. App. 184, 663 S.E.2d 809 (2008). There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer 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. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. 16-10-24. 350, 385 S.E.2d 28 (1989). Cooper v. State, 270 Ga. App. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). 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. 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. In the Interest of D.D., 287 Ga. App. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. 456, 571 S.E.2d 456 (2002). When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. Tisdale v. State, 354 Ga. App. 2d 373 (2004). 16-10-24(a) misdemeanor obstruction of an officer. 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. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. - Defendant was a suspect in a shooting. (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.). The prohibition of 18 U.S.C. 516, 662 S.E.2d 291 (2008). Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. 1976); Smith v. State, 144 Ga. App. Strobhert v. State, 241 Ga. App. 2d, Obstructing Justice, 52 et seq. 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. Beckom v. State, 286 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). 21, 660 S.E.2d 886 (2008). - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. You're all set! 16-10-24(a). What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Kendrick v. State, 324 Ga. App. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Animashaun v. State, 207 Ga. App. 672, 829 S.E.2d 894 (2019). Thomas v. State, 322 Ga. App. 40-6-395(a). 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. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. - 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. 324, 628 S.E.2d 730 (2006). WebObstructing the duties of a law enforcement officer involves more than just not talking to police. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. unruly - Officers who attempted forcibly to resolve a civil dispute were not engaged in the lawful discharge of their official duties and did not have probable cause to arrest plaintiff for "obstruction" of their unauthorized actions. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. Ojemuyiwa v. State, 285 Ga. App. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. Causing harm to or intimidating a juror, witness, or member of law enforcement. Williams v. State, 260 Ga. App. - 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. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. Griffin v. State, 281 Ga. App. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. 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. - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. 16-10-24(a), and this was protected activity under O.C.G.A. 18 U.S.C. - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties. 819, 578 S.E.2d 516 (2003). The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. 414, 816 S.E.2d 401 (2018). Construction with O.C.G.A. denied, 201 Ga. App. - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. 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. 798, 728 S.E.2d 317 (2012). Recent arrests around the county. 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. 555, 67 S.E. Mangum v. State, 228 Ga. App. denied, 2018 Ga. LEXIS 807 (Ga. 2018). - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. Because the defendant ignored the officers' requests to provide identification, and instead engaged in a fight and wrestling match with the officers in an attempt to get to a brother's residence, while a search warrant was being executed, the evidence was sufficient to support the defendant's conviction for misdemeanor obstruction in violation of O.C.G.A. United States v. Virden, 417 F. Supp. In the Interest of E.G., 286 Ga. App. 328, 411 S.E.2d 274, cert. 746, 660 S.E.2d 841 (2008). 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. 725 (1915). The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A.

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