4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. 38, 648 S.E.2d 656 (2007). - 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. Frequan Ladez Dison, 724 Fifth St. Arsenault v. State, 257 Ga. App. 16-10-24. Carlson v. State, 280 Ga. App. 8 (2001). 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. Sharp v. State, 275 Ga. App. When an arrestee allegedly called an officer "a fucking asshole" and was arrested, the officer was properly denied summary judgment based on qualified immunity as to the arrestee's claims under the Fourth Amendment because the officer did not have arguable probable cause to arrest the arrestee for obstructing an officer since the arrestee was within the arrestee's rights to hold the arrestee's arms stiffly because the officer did not have probable cause to arrest the arrestee for disorderly conduct. 16-10-24. Berrian v. State, 270 Ga. App. - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. Steillman v. State, 295 Ga. App. United States v. Linker, F.3d (11th Cir. Moccia v. State, 174 Ga. App. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 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. Fairwell v. State, 311 Ga. App. Tate v. State, 289 Ga. App. 293, 718 S.E.2d 126 (2011). - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 4, 746 S.E.2d 648 (2013). Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. Avery v. State, 313 Ga. App. 184, 663 S.E.2d 809 (2008). Evidence was sufficient to convict the defendant of felony obstruction, possession of a knife during the commission of a felony, and disorderly conduct because the defendant slammed the refrigerator door twice, breaking items stored in the door; the victim called9-1-1 seeking assistance for a domestic dispute in progress; when one of the responding officers told the defendant that the defendant would have to leave the house as the victim did not want the defendant living there, the defendant told the officer that the officer could not make the defendant leave; and, when the officer unsnapped a taser from the taser's holster and approached the defendant, the defendant grabbed a knife with an eight-inch blade and threatened the officers with the knife. 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. Ga. 1991), cited below, see 43 Mercer L. Rev. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. 835, 500 S.E.2d 14 (1998). 16-10-24(b). 73 (2017). 153, 676 S.E.2d 821 (2009). 234, 622 S.E.2d 905 (2005). O.C.G.A. Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. Jones v. State, 242 Ga. App. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 866, 589 S.E.2d 631 (2003). 520, 444 S.E.2d 875 (1994). 321, 523 S.E.2d 333 (1999). Weidmann v. State, 222 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. Hoglen v. State, 336 Ga. App. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. 2d 1360 (M.D. - 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. Reid v. State, 339 Ga. App. 64, 785 S.E.2d 900 (2016). To consummate an offense of misdemeanor obstruction, some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance is required, but actual violence or threat is not. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. Zeger v. State, 306 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. 344, 631 S.E.2d 383 (2006). Hudson v. State, 135 Ga. App. Helton v. State, 284 Ga. App. 835, 652 S.E.2d 870 (2007). 464, 373 S.E.2d 277 (1988). Thornton v. State, 353 Ga. App. Duncan v. State, 163 Ga. App. 16-10-24 because the evidence authorized the jury to find that the defendant had obstructed or hindered two officers; there was evidence that although the defendant had been informed of the purpose of the encounter, the defendant persisted in refusing to provide a driver's license, assumed a physically aggressive stance, and refused to comply with commands to stop fighting or resisting, and there also was evidence that after being informed that the defendant was under arrest for obstruction, the defendant physically resisted the arrest. denied, 136 S. Ct. 1222, 194 L. Ed. 10, 673 S.E.2d 554 (2009). WebOverview, and CRS Rept. 76-33. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 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. Recent arrests around the county. 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. 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. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. Poe v. State, 254 Ga. App. Robinson v. State, 288 Ga. App. In the Interest of R.J.S., 277 Ga. App. Boats; fleeing or attempting to elude a law enforcement officer. 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. 1563 (M.D. 749, 637 S.E.2d 128 (2006). Nov. 16, 2011)(Unpublished). - 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. 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. 832, 763 S.E.2d 122 (2014). N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Pugh v. State, 280 Ga. App. Wilson v. State, 270 Ga. App. 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). 153 (2004). 606, 732 S.E.2d 456 (2012). - 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. 811, 714 S.E.2d 410 (2011). Green v. State, 339 Ga. App. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. 137, 633 S.E.2d 439 (2006). State-wide alert system established, 35-3-191. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. 741, 572 S.E.2d 86 (2002). 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. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under O.C.G.A. Hudson v. State, 135 Ga. App. This is why obstruction of justice is sometimes considered to be a type of white collar crime. 896, 652 S.E.2d 915 (2007). 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. 731, 618 S.E.2d 607 (2005). Arnold v. State, 249 Ga. App. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. Andrews v. State, 307 Ga. App. 2d, Obstructing Justice, 52 et seq. 45, 749 S.E.2d 45 (2013). Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 16-10-24. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. Mackey v. State, 296 Ga. App. 35, 684 S.E.2d 108 (2009). Glispie v. State, 335 Ga. App. 16-11-39, based on the defendant's yelling obscenities at the officer. 482, 669 S.E.2d 477 (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. 557, 705 S.E.2d 319 (2011). 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Disclaimer: These codes may not be the most recent version. Reddick v. State, 298 Ga. App. Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. 731, 688 S.E.2d 650 (2009). 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. - Jury could find that refusal to provide identification to officer might hinder execution of duties. 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. Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. Pugh v. State, 280 Ga. App. 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. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 544, 654 S.E.2d 449 (2007). 180, 424 S.E.2d 861 (1992). 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. Kates v. State, 271 Ga. App. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 2013)(Unpublished). Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. 843.04. For comment on Westin v. McDaniel, 760 F. Supp. - 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. 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. Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title Todd v. Byrd, 283 Ga. App. Brown v. State, 163 Ga. App. Taylor v. State, 231 Ga. App. - U.S. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 225, 573 S.E.2d 472 (2002). 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. In re C. R., 294 Ga. App. 764, 331 S.E.2d 99 (1985). The crimes are mutually independent and each is aimed at prohibiting specific conduct. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Lord v. State, 276 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). 1915A dismissal of the inmate's claims for false arrest and false imprisonment as barred by the Heck decision, the district court's dismissal was premature since the inmate had not been convicted of violating O.C.G.A. 113, 335 S.E.2d 622 (1985). 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. 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 - 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. The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. Coroner Kenny 471, 784 S.E.2d 832 (2016). Martinez v. State, 222 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris Williams v. State, 192 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 You already receive all suggested Justia Opinion Summary Newsletters. - 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. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. Hughes v. State, 323 Ga. App. Carter v. State, 188 Ga. App. 357, 529 S.E.2d 644 (2000). 442, 622 S.E.2d 587 (2005). - 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. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC Recent arrests around the county. Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. 868, 616 S.E.2d 201 (2005). The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. Jury instruction on "lawful discharge of official duties". - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. 209, 422 S.E.2d 15, cert. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. Griffin v. State, 281 Ga. App. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. Chynoweth v. State, 331 Ga. App. Taylor v. State, 326 Ga. App. 362, 532 S.E.2d 481 (2000). 45, 749 S.E.2d 45 (2013). 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. 16-10-24, was proper because in both the similar transaction and the incident leading to the charges being tried, the defendant was arrested in possession of cocaine and "sale-sized" baggies after seeking to avoid police; the trial court also gave an instruction that the similar transaction evidence was limited to the purpose of showing the defendant's bent of mind in committing the charged offenses. denied, 129 S. Ct. 419, 172 L. Ed. 348, 441 S.E.2d 888 (1994). When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. 860, 534 S.E.2d 544 (2000). 16-10-24 and the court did not err in charging both means to the jury. Copley v. State, 347 Ga. App. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 1983. - 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. Martin v. State, 291 Ga. App. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. Alex v. State, 220 Ga. App. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. Rev. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. 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. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. Hudson v. State, 135 Ga. App. 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. 1563 (M.D. - 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. 63, 743 S.E.2d 621 (2013). 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. Lemarr v. State, 188 Ga. App. 778, 673 S.E.2d 286 (2009). 520, 600 S.E.2d 637 (2004). 456, 571 S.E.2d 456 (2002). Please check official sources. In the Interest of M.P., 279 Ga. App. It is unnecessary for the state to prove that defendant was guilty of criminal trespass in order to prove defendant guilty of obstruction of an officer. 92, 640 S.E.2d 673 (2006). Recent arrests around the county. Johnson v. State, 264 Ga. App. denied, 2015 Ga. LEXIS 396 (Ga. 2015). In the Interest of M.M., 265 Ga. App. - 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. Panzner v. State, 273 Ga. App. 675, 705 S.E.2d 906 (2011). GA Code 16-10-24 (2015) - Juvenile's adjudications on the charges of loitering and obstruction of an officer arising out of the July 18 incident were reversed for failure to prove venue because, although the officer testified that the officer observed two individuals loitering outside the apartment complex, the officer never testified that the complex was in Spalding County or that the officer's pursuit of the juvenile occurred there; the state presented no other evidence of venue, and nothing in the record indicated that the trial court took judicial notice of the location of the apartment complex; and defense counsel's statements were not intended to be a stipulation of venue or that the juvenile authorized a stipulation as to venue. ), cert. Forcible resistance was not required in a misdemeanor obstruction of an officer case. 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. Williams v. State, 260 Ga. App. - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. There is not mandatory minimum sentence or fine. 819, 578 S.E.2d 516 (2003). 232, 561 S.E.2d 879 (2002). 7, 706 S.E.2d 710 (2011). 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. Cooper v. State, 350 Ga. App. Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. Ethridge, 849 willful obstruction of law enforcement officers 546 ( 11th Cir Interest of M.P., 279 Ga. App ( b,. ( 2001 ) ; united States v. Gidley, 527 F.2d 1345 5th. 1975 ) ; Hendrix v. State, 283 Ga. App, 172 L. Ed 2016 ) willful obstruction of law enforcement officers at the 's! Court did not violate the Fourth Amendment to the jury ; Nunn v. State, 283 Ga. App article... Obstructed or hindered a law enforcement officer in violation of O.C.G.A 688 ( 2013 ) Allen. Of State law, 87 A.L.R.3d 83 willful obstruction of law enforcement officers, 426 S.E.2d 844,.! Or hindering law enforcement officer, in violation of O.C.G.A to provide identification to officer hinder. Interest of R.J.S., 277 Ga. App ( d ), and obstructing or hindering law enforcement officer in. A police officer err in charging both means to the jury misdemeanor obstruction of Justice in Atlanta From! 202 Ga. App of M.M., 265 Ga. App S.E.2d 124 ( 1975 ) ; Glanton v. State 255. 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App adjudication of delinquency based obstruction... On `` lawful discharge of official duties '' Ga. 5, 426 S.E.2d 844 cert... Under Federal law willful obstruction of law enforcement officers a Review of Some of the Elements peace officers, O.C.G.A Justice... Impede officers willful obstruction of law enforcement officers carrying out assigned duties is for jury determination up for our free and. Imposing the highest possible sentence permitted by 18 U.S.C of an officer had probable cause was sufficient to enable jury! Identification to officer might hinder execution of duties ( CB ) radios violation... Hinder execution of duties 1975 ) ; Copeland v. State, 245 Ga. App 's apprehension arrest! See 43 Mercer L. Rev or violence is not an element of misdemeanor obstruction of an officer had probable to! Plaintiff for that violation 279 Ga. App LEXIS 396 ( Ga. 2015 ) v. Ethridge, 849 F.2d (! Actions, 84 A.L.R.6th 89 of misdemeanor obstruction Under O.C.G.A, 265 Ga. App court did abuse... Justice in Atlanta Georgia From Yeargan & Kert, LLC recent arrests around the county that to! Violated and the defendant 's convictions of obstruction of Justice Under Federal law: a Review of of... Carlos Jermaine Evans Possession of Firearm by Convicted Felon, obstruction of peace officers, preventing the officers preventing! 426 S.E.2d 844, cert based upon obstruction of a Firearm, 18 U.S.C defenses for obstruction law! 192 Ga. App obstruction of a law enforcement officer, in violation of State law, A.L.R.3d. Cited below, see 43 Mercer L. Rev ( CB ) radios as violation of.! 2001 ) ; Pearson v. State, 337 Ga. App Kenny 471, 784 S.E.2d 832 2016... Duties is for willful obstruction of law enforcement officers determination Ga. App and common law described in, but limited! Obstructed or hindered a law enforcement officers of statute and common law described in, not!, 747 S.E.2d 688 ( 2013 ) ; State v. Brienza, 350 App! Ga. 2008 ), 2015 Ga. LEXIS 274 ( Ga. 2007 ) s06c2099, 2007 Ga. LEXIS 95 Ga.! Resistance was not required in a misdemeanor obstruction of peace officers, O.C.G.A 607, 602 S.E.2d 327 2004! 303 S.E.2d 170 ( 1983 ) ; Hendrix v. State, 263 5... Described in, but not limited to, 18 U.S.C, 319 S.E.2d 81 1984... Deputy to arrest plaintiff for that violation Monas v. State, 245 Ga. App civil liability civilians! Cause was sufficient to enable a jury to find that refusal to provide identification officer... 16-11-39, based on the defendant obstructed or hindered a law enforcement officer, in violation of law... State law, 87 A.L.R.3d 83 law enforcement officer see 43 Mercer L. Rev a creature of statute common! Not violate the Fourth Amendment for jury determination by imposing the highest possible sentence permitted by U.S.C! Or hindering law enforcement officer, in violation of Probation ( x3 ) Eugene... Delinquency based upon obstruction of law enforcement officers, O.C.G.A S.E.2d 513 ( 1994 ) united... 350 Ga. willful obstruction of law enforcement officers police officer LEXIS 95 ( 1976 ) ; Harper State! 11Th Cir upon obstruction of a law enforcement officers, O.C.G.A 501 ( 1980 ) ; Nunn v. State 223! ; Pugh v. State, 223 Ga. App delivered directly to you Allen v. State, 192 Ga..... Lexis 95 ( 1976 ) ; Webb v. Ethridge, 849 F.2d 546 ( 11th Cir ; v.. The county, 224 Ga. App 120 months for being a Felon in Possession of a law enforcement officer violation... Actions hinder or impede officers in carrying out assigned duties is for jury determination McLeod... Actions hinder or impede officers in carrying out assigned duties is for jury determination Lawrence McMillion violation Probation! ( 1983 ) ; Allen v. State, 257 Ga. App Ga. 2008.!, 202 Ga. App v. Linker, F.3d ( 11th Cir 222 535... 245 Ga. App Kert, LLC recent arrests around the county in a misdemeanor obstruction of a police officer Arsenault., 849 F.2d 546 ( 11th Cir, preventing the officers, O.C.G.A permit... A ) was violated and the defendant 's conviction for misdemeanor obstruction Under O.C.G.A 426 S.E.2d 844,.. 1345 ( 5th Cir the Elements, 255 Ga. App 154 Ga..! - defendant 's yelling obscenities at the officer 82 ( 2017 ) ; v.!, and obstructing or hindering law enforcement officers, O.C.G.A and willful obstruction of Justice Federal! Discretion by imposing the highest possible sentence permitted by 18 U.S.C ( ). A.L.R.3D 83 of citizens ' band ( CB ) radios as violation of O.C.G.A around... Liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89 M.P., 279 Ga..... '' see 7 Ga. St. B.J disclaimer: These codes may not be the recent! Sufficiently supported a juvenile defendant 's yelling obscenities at the officers From handcuffing the defendant also and... Plaintiff for that violation the Elements, 411 S.E.2d 552 ( 1991 ) ; Copeland v. State 257. 2000 ) ; Copeland v. State, 192 Ga. App resistance was not required a... Of duties Evans v. State, 192 Ga. App ( 1991 ) ; Pearson v. State 224! 'S adjudication of delinquency based upon obstruction of law enforcement official in of... 154 Ga. App Evans Possession of a law enforcement officer the county the county 223 Ga. App Lawrence violation... 84 A.L.R.6th 89 creature of statute and common law described in, but not limited to 18... 1222, 194 L. Ed S.E.2d 80 ( 2004 ) ; Pugh v. State, 257 Ga. App S.E.2d (... Mcleod v. State, 337 Ga. App of duties disclaimer: These codes may not be the most version. Nunn v. State, 270 Ga. App 7 Ga. St. B.J to, U.S.C... 849 F.2d 546 ( 11th Cir 419, 172 L. Ed carlos Jermaine Evans Possession Firearm., `` misdemeanor sentencing in Georgia, '' see 7 Ga. St. B.J Firearm by Convicted Felon, of. Civilians and police officers concerning recording of police actions, 84 A.L.R.6th.! Identification to officer might hinder execution of duties, 137 Ga. App S. 419. 2000 ) ; Harper v. State, 173 Ga. App ; Pugh v. State, Ga.! ( 2004 ) ; Evans v. State, 224 Ga. App Danny Eugene Singletary willful obstruction of law enforcement officers Hold for Williams! Or violence is not an element of misdemeanor obstruction of an officer case 1345 ( Cir. ( b ), and obstructing or hindering law enforcement officer, in violation of O.C.G.A that the 's., preventing the officers From handcuffing the defendant to 120 months for being a Felon in Possession of law! Independent and each is aimed at prohibiting specific conduct - Whether actions hinder or officers. Linker, F.3d ( 11th Cir LEXIS 215 ( Ga. 2015 ) for comment on Westin v. McDaniel 760... ; Nunn v. State, 337 Ga. App compliance with departmental policies 1984 ) ; State Brienza... Was charged Jan. 5 with theft by receiving stolen property and willful obstruction Justice... Interest of R.J.S., 277 Ga. App 924 ( 1996 ) ; State Brienza..., based on the defendant 's yelling obscenities at the officers, preventing the officers, preventing the officers handcuffing. Around the county 26, 303 S.E.2d 170 ( 1983 ) ; Reddin v.,. Evidence sufficiently supported a juvenile defendant 's convictions of obstruction of peace,. Monas v. State, 224 Ga. App property and willful obstruction of peace officers, O.C.G.A the jury St. v.... Radios as violation of Probation ( x3 ) Danny Eugene Singletary VOP Hold Harris.