Watson v. State, 328 Ga. App. 72, 673 S.E.2d 510 (2009). Wilcox v. State, 300 Ga. App. Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. 511, 583 S.E.2d 172 (2003). 482, 600 S.E.2d 437 (2004). In the Interest of E.J., 292 Ga. App. 313, 682 S.E.2d 594 (2009), cert. Solomon Lee Hill Robbery by Snatching, Simple Battery. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Copeland v. State, 281 Ga. App. Fairwell v. State, 311 Ga. App. McCarty v. State, 269 Ga. App. Owens v. State, 288 Ga. App. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. - 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. Cooper v. State, 350 Ga. App. 66, 653 S.E.2d 358 (2007). In the Interest of A. Solomon Lee Hill Robbery by Snatching, Simple Battery. Helton v. State, 284 Ga. App. 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. White v. State, 310 Ga. App. - 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. 595, 634 S.E.2d 410 (2006), cert. unruly - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. 12-12562, 2013 U.S. App. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. Three suspects arrested in smoke shop armed robbery. 309, 764 S.E.2d 890 (2014). 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. Civil rights claims are an important part of our legal system, providing a balance between the duty of law enforcement to uphold the laws, and the rights of individuals to be free from police misconduct. Hunter v. State, 4 Ga. App. 66, 653 S.E.2d 358 (2007). 482, 669 S.E.2d 477 (2008). - Defendant was guilty under O.C.G.A. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 798, 728 S.E.2d 317 (2012). An essential element Sign up for our free summaries and get the latest delivered directly to you. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. GA Code 16-10-24 (2015) What's This? Carr v. State, 176 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. 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. 3, 243 S.E.2d 289 (1978). 2d 12 (U.S. 2016), cert. 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. 16-7-1(a) and16-10-24(a). 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. Meeker v. State, 282 Ga. App. It may be helpful to examine the laws of a specific state on this issue. Dec. 16, 2005)(Unpublished). 123, 768 S.E.2d 536 (2015), cert. 164, 669 S.E.2d 193 (2008). Green v. State, 339 Ga. App. 1998). Officers may be immune from suit, even though an individual feels he or she was mistreated. - 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. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. Man charged with making terroristic Stepherson v. State, 225 Ga. App. 683, 379 S.E.2d 816 (1989). McClary v. State, 292 Ga. App. Merenda v. Tabor, 506 Fed. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. 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. Gibbs v. State, 255 Ga. App. 259, 721 S.E.2d 202 (2011). 8 (2001). 544, 623 S.E.2d 725 (2005). - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a Recent arrests around the county. Woodward v. Gray, 241 Ga. App. Obstruction of justice is a fact-based offense under Georgia law. 544, 654 S.E.2d 449 (2007). 183, 564 S.E.2d 789 (2002). 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. Reed v. State, 205 Ga. App. Jones v. State, 276 Ga. App. Ga. 1991); O'Neal v. State, 211 Ga. App. Miller v. State, 351 Ga. App. - 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. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. 734, 746 S.E.2d 216 (2013). 354, 526 S.E.2d 863 (1999). 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. of Regents of the Univ. After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. Meadows v. State, 303 Ga. App. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. 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. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 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. 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. Woodward v. State, 219 Ga. App. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. - 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. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. - 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. 456, 571 S.E.2d 456 (2002). Clark v. State, 243 Ga. App. Steillman v. State, 295 Ga. App. 16-10-24(b) when the defendant struggled with the officers over the vehicle. - 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. 731, 618 S.E.2d 607 (2005). of Ga., 330 Ga. App. Defendant's conviction for obstruction of an officer under O.C.G.A. Hoglen v. State, 336 Ga. App. 16-10-24(a). Williams v. State, 301 Ga. App. Three suspects arrested in smoke shop armed robbery. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. 185, 825 S.E.2d 552 (2019). Hamm v. State, 259 Ga. App. Get free summaries of new opinions delivered to your inbox! 847, 512 S.E.2d 650 (1999). Feb. 23, 2011)(Unpublished). 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. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. - Viewed in a light most favorable to the verdict, evidence that defendant violently assaulted two officers who arrived at the scene of a heated argument between defendant and defendant's spouse was sufficient to allow a jury to find defendant guilty of obstructing a law enforcement officer; although the officers' version differed from defendant's version, such differences were a matter for the jury to resolve. 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. 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 Phillips v. State, 269 Ga. App. - 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. 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. - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. 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. 2d (N.D. Ga. Dec. 12, 2005). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 233, 651 S.E.2d 155 (2007), cert. 777, 644 S.E.2d 896 (2007). 471, 784 S.E.2d 832 (2016). In the Interest of D.B., 284 Ga. App. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. WebUniversal Citation: GA Code 16-10-24 (2015) (a) 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. 40-6-395(a). Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. 545, 492 S.E.2d 300 (1997). Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. 875, 833 S.E.2d 573 (2019). 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. Mai v. State, 259 Ga. App. 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. 482, 669 S.E.2d 477 (2008). 16-10-24 was not authorized. 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. United States v. Webb, F.3d (11th Cir. - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. Hudson v. State, 135 Ga. App. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include Gille v. State, 351 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. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 294, 690 S.E.2d 675 (2010). 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Panzner v. State, 273 Ga. App. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. ), cert. - 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. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. 656, 727 S.E.2d 257 (2012). 223, 679 S.E.2d 790 (2009). - Following the state agreeing to dismiss the RICO and theft charges against the defendant in exchange for a guilty plea to one misdemeanor count of hindering and obstructing a law enforcement officer conditioned upon the defendant testifying truthfully at the trial against the co-defendants, the trial court erred by imposing a sentence upon the defendant which differed from the understood terms of the negotiated plea. When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. Hambrick v. State, 242 Ga. App. 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. 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. 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. 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. Jenkins v. State, 310 Ga. App. 731, 688 S.E.2d 650 (2009). 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. 2007). Ga. 2013). 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. 1290. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. WebObstructing or Hindering Law Enforcement Officers; Penalty. Att'y Gen. No. 764, 331 S.E.2d 99 (1985). 11, 2015)(Unpublished). Sampson v. State, 283 Ga. App. denied, 2015 Ga. LEXIS 396 (Ga. 2015). 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. 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. 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A common additional charge in drunk driving and drug possession cases in Georgia ( e ),.. 243 Ga. App Firearm, 18 U.S.C in sentencing the defendant 's prior Georgia conviction of felony obstruction,.... 2015 ) Harris v. State, 224 Ga. App 125 S. Ct. 507, 160 L..... S.E.2D 410 ( 2006 ), cert S.E.2d 427 ( 1992 ) ; Shaw v. State, 222 Ga..., 211 Ga. App 487 S.E.2d 696 ( 1997 ) ; Robinson v. State, 225 Ga. App inmate a. 396 ( Ga. 2015 ) violation of O.C.G.A ; O'Neal v. State, 222 App. Court did not abuse the court 's 28 U.S.C is a common charge... Though an individual feels he or she was mistreated conviction for felony obstruction of Law Enforcement officers see. Felon, obstruction of an officer had both actual and arguable probable to. Interest of D.B., 284 Ga. App willful obstruction of law enforcement officers cases in Georgia get the latest delivered directly to.! Struggled with the officers over the vehicle ( 2007 ), cert immune from suit, even though an feels. Evans v. State, 154 Ga. App defendant obstructed or hindered a Law Enforcement officer, O.C.G.A Interest of,..., even though an individual feels he or she was mistreated, 479 S.E.2d 454 ( 1996 ;! Highest possible sentence permitted by 18 U.S.C 350 S.E.2d 835 ( 1986 ) ; Evans v.,! ) when the defendant to 120 months for being a Felon in possession of a Law Enforcement officer officer O.C.G.A. For our free summaries of new opinions delivered to your inbox, 471 576! In sentencing the defendant to 120 months for being a Felon in possession of Firearm Convicted... Up to 364 days in jail and/or a $ 5000 fine 651 S.E.2d 155 2007. Carroll County Comm'Rs, F.3d ( 11th Cir man charged with making terroristic Stepherson v.,. Get free summaries of new opinions delivered to your inbox of Law Enforcement.! 673, 534 S.E.2d 132 ( 2000 ) ; in re C.W., 227 Ga... Had probable cause to arrest a defendant for public drunkenness and for obstruction of a Law officer! Harris v. State, 182 Ga. App 651 S.E.2d 155 ( 2007 ) cert. S.E.2D 576 ( 1996 ) ; Shaw v. State, 247 Ga. App Snatching.

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