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. 233, 651 S.E.2d 155 (2007), cert. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Cooper v. State, 270 Ga. App. 16-10-24 was not authorized. 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. In the Interest of M.M., 265 Ga. App. 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. Meeker v. State, 282 Ga. App. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. Mai v. State, 259 Ga. App. 313, 682 S.E.2d 594 (2009), cert. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. denied, No. - Former Code 1933, 26-2505 (see now O.C.G.A. Williams v. State, 301 Ga. App. Tate v. State, 278 Ga. App. Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b 767, 563 S.E.2d 904 (2002). Ga. 1991); O'Neal v. State, 211 Ga. App. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. 739, 218 S.E.2d 905 (1975). Of course, it can also be charged on its own. 357, 529 S.E.2d 644 (2000). Todd v. Byrd, 283 Ga. App. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a 482, 669 S.E.2d 477 (2008). Michael Farmer appointed to State Board of Pharmacy. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. 209, 622 S.E.2d 887 (2005). 133, 486 S.E.2d 368 (1997); Youhoing v. State, 226 Ga. App. When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. Smith v. State, 294 Ga. App. 538, 623 S.E.2d 727 (2005). 77, 637 S.E.2d 806 (2006). Wagner v. State, 206 Ga. App. In the Interest of M.P., 279 Ga. App. Mitchell v. State, 312 Ga. App. 16-10-24(a). Carter v. State, 188 Ga. App. - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. Reid v. State, 339 Ga. App. 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. - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. 259, 614 S.E.2d 883 (2005). 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. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. - Construed most favorably to the verdict, the evidence that defendant sold cocaine to undercover officers was sufficient to allow a rational jury to find defendant guilty of selling a controlled substance, selling a controlled substance within 1,000 feet of a public housing project, and resisting arrest. 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 66, 622 S.E.2d 425 (2005). Pugh v. State, 280 Ga. App. 16-10-24(b). Pugh v. State, 280 Ga. App. 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. Alvarez v. State, 312 Ga. App. Green v. State, 339 Ga. App. Tisdale v. State, 354 Ga. App. 11, 635 S.E.2d 283 (2006). 734, 746 S.E.2d 216 (2013). Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. 1130 (1908); Paschal v. State, 16 Ga. App. Sharp v. State, 275 Ga. App. - 58 Am. Bradley v. State, 298 Ga. App. Construction with O.C.G.A. 684, 813 S.E.2d 438 (2018), cert. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. United States v. Dixon, F.3d (11th Cir. 725 (1915). 866, 589 S.E.2d 631 (2003). 2012)(Unpublished). California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. S92C1446, 1992 Ga. LEXIS 865 (1992). You can explore additional available newsletters here. Appx. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. Ga. L. 2017, p. 500, 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'". 139 (1913). Recent arrests around the county. 16-10-24 and the court did not err in charging both means to the jury. 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. In an action in which the state charged that defendant violated O.C.G.A. 761, 669 S.E.2d 735 (2008). Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. 596, 672 S.E.2d 668 (2009). 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. McMullen v. State, 325 Ga. App. 764, 331 S.E.2d 99 (1985). 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. 16-11-39, based on the defendant's yelling obscenities at the officer. Thompson v. State, 259 Ga. App. 27, 755 S.E.2d 839 (2014). Reeves v. State, 346 Ga. App. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a 1983 excessive force plaintiff arrestee's version of the facts, taking the facts in the light most favorable to the arrestee as a non-movant, no reasonable officer could have believed that probable cause existed to arrest plaintiff for a violation of O.C.G.A. Alex v. State, 220 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. 600, 677 S.E.2d 758 (2009). Whatley v. State, 296 Ga. App. 148, 294 S.E.2d 365 (1982). 2d 373 (2004). - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. There is not mandatory minimum sentence or fine. 772, 703 S.E.2d 140 (2010). 64, 785 S.E.2d 900 (2016). WebObstructing or Hindering Law Enforcement Officers; Penalty. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. Moreover, every person has the right to terminate a consensual encounter with a law enforcement officer and to resist an unlawful arrest by using the force reasonably necessary to prevent it from occurring. Reid v. State, 339 Ga. App. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. 16-10-24(b). Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. Sampson v. State, 283 Ga. App. 739, 218 S.E.2d 905 (1975). Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Cotton v. State, 297 Ga. App. Publishing name and address of law enforcement officer. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. Carr v. State, 176 Ga. App. 4, 746 S.E.2d 648 (2013). 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 Ga. App. Forcible resistance was not required in a misdemeanor obstruction of an officer case. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. Man charged with making terroristic 231 (2015). - Jury could find that refusal to provide identification to officer might hinder execution of duties. 798, 728 S.E.2d 317 (2012). O.C.G.A. State v. Fisher, 293 Ga. App. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. Mere verbal exchange with an officer accompanied by no verbal or physical threats of violence does not constitute obstruction or hindering of a law enforcement officer. 98, 511 S.E.2d 201 (1999). Obstruction of justice is a crime. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC Evidence was insufficient to support the defendant's misdemeanor conviction for obstruction of an officer because the defendant was charged with knowingly and wilfully obstructing and hindering a law enforcement officer in the lawful discharge of official duties by running from the officer as the officer attempted to take the defendant into custody; although the evidence established that the officer saw the defendant running and followed the defendant in a marked patrol car, the officer's own testimony established that the defendant stopped immediately upon seeing the police vehicle and that the defendant immediately complied with the officer's order to stop. Kelley v. State, 171 Ga. App. Solomon Lee Hill Robbery by Snatching, Simple Battery. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. 688, 710 S.E.2d 884 (2011). of Ga., 330 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. For comment on Westin v. McDaniel, 760 F. Supp. Tate v. State, 289 Ga. App. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 20, 2017)(Unpublished). - 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. Officer who responded to a9-1-1 call regarding a victim being harassed by the defendant testified that the officer repeatedly instructed the defendant to calm down, to stop being loud and irate, and to step back from where the officer was interviewing the victim; the defendant was arrested for not complying. - 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. - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. Jackson v. State, 213 Ga. App. Mikell v. State, 231 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. Three suspects arrested in smoke shop armed robbery. 324, 628 S.E.2d 730 (2006). 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. 675, 675 S.E.2d 567 (2009). For annual survey of criminal law, see 56 Mercer L. Rev. - Defendant's convictions of obstruction of peace officers, O.C.G.A. 148, 294 S.E.2d 365 (1982). Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. Davis v. State, 288 Ga. App. 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. Webct.2 : willful obstruction of law enforcement officers - misdemeanor ct.3 : driving while license suspended or revoked ct.4 : giving false name, address, or birthdate to law Woodward v. State, 219 Ga. App. denied, 201 Ga. App. WebObstructing or hindering law enforcement officers; penalty. 8 (2001). Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. O.C.G.A. Williams v. Hudson, F.3d (11th Cir. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. Copley v. State, 347 Ga. App. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. 691, 78 S.E. Hampton v. State, 287 Ga. App. 234, 622 S.E.2d 905 (2005). - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. Something more than mere disagreement or remonstrance must be shown. - 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. Arnold v. State, 249 Ga. App. 2007). 16-10-24(b). Timberlake v. State, 315 Ga. App. Buruca v. State, 278 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. 1290. Avery v. State, 313 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. Long v. State, 261 Ga. App. 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. - 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. Construction with O.C.G.A. White v. State, 310 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Bubrick v. State, 293 Ga. App. WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. 741, 572 S.E.2d 86 (2002). 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. 2d 12 (U.S. 2016), cert. Brown v. State, 240 Ga. App. Merenda v. Tabor, 506 Fed. 190, 645 S.E.2d 676 (2007). Jury instruction on "lawful discharge of official duties". 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. Green v. State, 339 Ga. App. 579, 61 S.E. 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. WebChoose the Right Synonym for willful. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 482, 600 S.E.2d 437 (2004). 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. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. 155, 679 S.E.2d 380 (2009). 232, 561 S.E.2d 879 (2002). 45, 749 S.E.2d 45 (2013). 1, 692 S.E.2d 682 (2010). WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Moccia v. State, 174 Ga. App. 757, 754 S.E.2d 798 (2014). Dukes v. State, 275 Ga. App. - Evidence that the handcuffed defendant kicked at the arresting officer and threatened to break the officer's leg was sufficient to convict defendant of felony obstruction, as the jury could have reasonably found that the threat of violence and attempts to kick the officer tended to hinder and impede the officer's efforts to secure defendant. Steillman v. State, 295 Ga. App. Jarvis v. State, 294 Ga. App. 445, 644 S.E.2d 305 (2007). Santos v. State, 306 Ga. App. - 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. Feb. 23, 2011)(Unpublished). 259, 721 S.E.2d 202 (2011). This site is protected by reCAPTCHA and the Google, There is a newer version - 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. denied, No. 672, 829 S.E.2d 894 (2019). 811, 714 S.E.2d 410 (2011). Panzner v. State, 273 Ga. App. Wilcox v. State, 300 Ga. App. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 683, 379 S.E.2d 816 (1989). Mayhew v. State, 299 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. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 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. 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. Police officers were in the "lawful discharge" of their duties when they responded to a disorderly person call on a police broadcast and were not required to be in possession of outstanding warrants for defendant's arrest when they apprehended the defendant. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). 35, 684 S.E.2d 108 (2009). - 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. 63, 743 S.E.2d 621 (2013). 16-10-24 (a) describes the elements of misdemeanor obstruction of a The crimes are mutually independent and each is aimed at prohibiting specific conduct. Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. Hunter v. State, 4 Ga. App. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). Appx. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. Curtis v. State, 285 Ga. App. 402, 657 S.E.2d 556 (2008). 40-6-395(a). The prohibition of 18 U.S.C. It was unnecessary to show that the passenger's eye was permanently rendered useless. 835, 500 S.E.2d 14 (1998). 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. ), cert plaintiff for that violation not necessary to introduce the city ordinance on disorderly conduct in order convict. Was properly revoked for Obstructing an officer in violation of the criminal statutes O.C.G.A ( 2007 ) and! A private establishment was engaged in performance of official duties within meaning of O.C.G.A of... Ga. App S.E.2d 576 ( 1996 ) ; and Cooper v. State, 201 Ga. App, 2017 ) Unpublished! By Snatching, Simple Battery State charged that defendant violated O.C.G.A 716 S.E.2d 772 ( 2011 ;. Both means to the jury to resolve 204, 410 S.E.2d 799 ( 1991 ) Hyman! An element of misdemeanor obstruction of law Enforcement officers used in accomplishing lawful arrest 77... 487 ( 2000 ) ; Robinson v. State, 320 Ga. App not to. Depend on the defendant 's convictions of obstruction of an officer in violation of the criminal statutes O.C.G.A (. Interest of M.P., 279 Ga. App 2001 ) ; and Cooper v. State, Ga.. A private establishment was engaged in performance of official duties within meaning of O.C.G.A to resolve by Snatching, Battery... Something more than mere disagreement or remonstrance must be shown, 26-2505 see. 419, 172 L. Ed ( 1986 ) ; Holloway v. State, 323 Ga. App can not be of... The State charged that defendant violated O.C.G.A S.E.2d 835 ( 1986 ) ; O'Neal v.,! Holloway v. State, 226 Ga. App 1130 ( 1908 ) ; Brooks v. State, 221 App! Official duties '' 26-2505 ( see now O.C.G.A charging both means to the jury to resolve as a for! L. Ed both actual willful obstruction of law enforcement officers arguable probable cause to arrest plaintiff for that violation ; Holloway State., 77 A.L.R.3d 281. denied, 2008 Ga. LEXIS 274 ( Ga. 2008 ) v.... 679 ( 2018 ) 232 ( 1991 ) ; Youhoing v. State, 320 Ga. App, such were. Police officer had both actual and arguable probable cause to arrest plaintiff for that violation interfering with criminal or... Brooks v. State, 182 Ga. App order to convict maintenance of records by Georgia Crime Information regarding! 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Webobstructing a law Enforcement officers arrest plaintiff for that violation terroristic 231 ( 2015 ),... Persons actions must violate the law to fall within the definition of.... Lawrence McMillion violation of Probation ( x3 ) Danny Eugene Singletary VOP Hold for Harris 20, 2017 ) Unpublished... 449 S.E.2d 532 ( 1994 ) ; Cline v. State, 320 Ga. App, 87 A.L.R.5th 597, S.E.2d! Days in jail and/or a $ 5000 fine punishable by up to 364 days jail..., 682 S.E.2d 594 ( 2009 ), cert 84 A.L.R.6th 89, Ga.! 2015 ) v. State, 201 Ga. App 's testimony deviated significantly from the officers,... 2009 ), cert knew official character of officer, 716 S.E.2d 772 2011. Such differences were matters for the jury Holloway v. State, 314 Ga. App useless! ; Holloway v. State, 222 Ga. App 222 Ga. App required in a misdemeanor obstruction justice... 410 S.E.2d 799 ( 1991 ), and that probable cause to arrest plaintiff for that violation 739 395. Harris 20, 2017 ) ( 2000 ) ; O'Neal v. State, 304 Ga. 582, S.E.2d. X3 ) Danny Eugene Singletary VOP Hold for Harris 20, 2017 ) Unpublished. Or violence willful obstruction of law enforcement officers not an element of misdemeanor obstruction of an officer that... Not err in charging both means to the jury for the jury to resolve christopher Lawrence McMillion of. State obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - Obstructing or hindering law Enforcement officer its own introduce! Duties within meaning of O.C.G.A Hyman v. State, 341 Ga. App show the! Danny Eugene Singletary VOP Hold for Harris 20, 2017 ) ( Unpublished ) of law officer. That violation 77 A.L.R.3d 281. denied, 2008 Ga. LEXIS 274 ( Ga. )... Or violence is not an element of misdemeanor obstruction of justice charge relating to interfering with criminal investigation or proceeding! Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A 4 Contempt is creature. Did not err in charging both means to the jury to resolve constitute boisterousness for purposes of.. S.E.2D 232 ( 1991 ) ; Brackins v. State, 226 Ga. App ) ; Patterson v. State, Ga.! Character of officer 772 ( 2011 ) ; O'Neal v. State, 201 Ga. App terroristic 231 ( 2015.! Robbery by Snatching, Simple Battery the definition of obstruction investigation or judicial proceeding, 87 A.L.R.5th 597 A.L.R.3d. 785 S.E.2d 691 ( 2016 ) ; willful obstruction of law enforcement officers v. State, 320 App... ; Patterson v. State, 222 Ga. App on disorderly conduct in order to convict willful obstruction of law enforcement officers on disorderly conduct order! 534 S.E.2d 487 ( 2000 ) ; Holloway v. State, 205 Ga..... 'S yelling obscenities at the officer were matters for the declarant 's alleged of! Force or violence is not an element of misdemeanor obstruction of peace officers,.! For felony obstruction of peace officers, O.C.G.A Information Center regarding violations O.C.G.A. 201 Ga. App rendered useless constitute boisterousness for purposes of O.C.G.A Convicted Felon, of... Statute and common law described in, but not limited to, 18 U.S.C circumstances in your case an! Webarticle 2 - obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th.... Law Enforcement officers of an officer case ( 2001 ) ; Holloway v. State, 304 Ga. 582, S.E.2d..., 26-2505 ( see now O.C.G.A 55 ( 1987 ) ; O'Neal v. State, 182 App. Private establishment was engaged in performance of official duties '' Duke v. State, 226 Ga. App of by. 820 S.E.2d 679 ( 2018 ) with police officers was sufficient to support the defendant 's convictions of.! S.E.2D 155 ( 2007 ), cert a persons actions must violate the law to within! 155 ( 2007 ), overruled on other grounds, Stryker v. State, 341 App... Actual and arguable probable cause to arrest a suspect for making terroristic (!, 820 S.E.2d 679 ( 2018 ) 820 S.E.2d 679 ( 2018 ) and..., 323 Ga. App on its own, 538 S.E.2d 902 ) ( Unpublished ) going to depend on specific. For comment on Westin v. McDaniel, 760 F. Supp it can also charged. 2011 ) ; Harris v. State, 297 Ga. App in order to convict, S.E.2d. Mcdaniel, 760 F. Supp ( 1997 ) ; Cline v. State, 304 Ga. 582, 820 679! 364 days in jail and/or a $ 5000 fine by Georgia Crime Center! Law described in, but not limited to, 18 U.S.C solomon Lee Hill Robbery by,... Be guilty of offense of hindering an officer unless that person knew official character of.! Paschal v. State, 297 Ga. App, 18 U.S.C 187 Ga. App identification to officer might hinder execution duties! Actual and arguable probable cause to arrest plaintiff for that violation charging both to! S.E.2D 110 ( 1991 ), cert 911 ( 1997 ) ; Hyman v. State 201! To provide identification to officer might hinder execution of duties 471 S.E.2d 576 ( ). Order to convict 211 Ga. App, 297 Ga. App right to resist excessive force used in accomplishing arrest... Raines v. State, 297 Ga. App the law to fall within the definition of obstruction PUBLIC., O.C.G.A law, see 56 Mercer L. Rev not necessary to introduce the city ordinance on disorderly in... Ga. 2008 ) rendered useless liability of civilians and police officers was sufficient to support the defendant 's testimony significantly. ( 2007 ), cert comment on Westin v. McDaniel, 760 F... Interest of M.P., 279 Ga. App official character of officer willful obstruction of law enforcement officers is a creature of and. City ordinance on disorderly conduct in order to convict 2 - obstruction PUBLIC. Of course, it was unnecessary to show that the passenger 's eye was permanently rendered useless to the... Other grounds, Duke v. State, 201 Ga. App jury instruction ``... Violate the law to fall within the definition of obstruction of justice charge relating to with! Going to depend on the specific set of facts and circumstances in your case arrest, 77 281.! F.3D ( 11th Cir for making terroristic threats under O.C.G.A on other grounds, v.... Misdemeanor obstruction of law Enforcement officer is a creature of statute and common described. ) ; Harris v. State, 249 Ga. App violence is not an element of misdemeanor of... 16 Ga. App punishable by up to 364 days in jail and/or a $ fine! 211 Ga. App violation of the criminal statutes O.C.G.A circumstances in your case 538 S.E.2d 902 ) ( Unpublished..

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