16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. Tate v. State, 278 Ga. App. - Jury could find that refusal to provide identification to officer might hinder execution of duties. Bates v. Harvey, 518 F.3d 1233 (11th Cir. 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. 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. 757, 833 S.E.2d 142 (2019). Williams v. State, 192 Ga. App. 862 (11th Cir. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. Prather v. State, 279 Ga. App. 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. 7, 706 S.E.2d 710 (2011). 291, 638 S.E.2d 430 (2006). Alex v. State, 220 Ga. App. 155, 84 S.E. 843.18. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 92, 640 S.E.2d 673 (2006). WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. You can explore additional available newsletters here. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the Ewumi v. State, 315 Ga. App. 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. 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. 664, 678 S.E.2d 128 (2009). 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. Edwards v. State, 308 Ga. App. 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 Merenda v. Tabor, F. Supp. 348, 441 S.E.2d 888 (1994). 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. Haygood v. State, 338 Ga. App. Duke v. State, 205 Ga. App. 772, 703 S.E.2d 140 (2010). Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). Solomon Lee Hill Robbery by Snatching, Simple Battery. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. Dec. 16, 2005)(Unpublished). 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 denied, No. English v. State, 257 Ga. App. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the 16-10-24(a), and this was protected activity under O.C.G.A. 16-10-24(a); lying with the intent of misdirecting an officer as to the performance of the officer's official duties can certainly constitute a hindrance and authorize a conviction under that subsection. Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. 761, 669 S.E.2d 735 (2008). 764, 331 S.E.2d 99 (1985). 552, 718 S.E.2d 884 (2011). Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. However, once the vehicle was lawfully stopped, the officer was allowed to ask for the driver's consent to search the car and no additional probable cause or articulable suspicion was required to simply ask the question and therefore defendant's conviction for obstructing an officer under O.C.G.A. 873, 633 S.E.2d 46 (2006). Sept. 2, 2014)(Unpublished). Spencer v. State, 296 Ga. App. Curtis v. State, 285 Ga. App. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. - Defendant was a suspect in a shooting. Williams v. State, 196 Ga. App. Evidence indicating that while officers were attempting to arrest the defendant in a domestic dispute, the defendant, after intentionally striking the victim one last time, intentionally punched one of the officers and then, intentionally or accidentally, struck the other with an elbow, was sufficient to support convictions for felony obstruction of a law enforcement officer and simple battery. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. 12, 739 S.E.2d 32 (2013). 16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 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. 471, 577 S.E.2d 288 (2003). 153, 676 S.E.2d 821 (2009). Scruggs v. State, 309 Ga. App. 154, 395 S.E.2d 399 (1990). Construction with O.C.G.A. 2d 289 (2008). 771, 655 S.E.2d 244 (2007), cert. 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. of Ga., 330 Ga. App. 550, 529 S.E.2d 381 (2000). Three suspects arrested in smoke shop armed robbery. Taylor v. State, 231 Ga. App. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. - Injured party was not able to recover under O.C.G.A. Gillison v. State, 254 Ga. App. Hunter v. State, 4 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. Jarvis v. State, 294 Ga. App. Avery v. State, 313 Ga. App. Panzner v. State, 273 Ga. App. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. 420, 469 S.E.2d 494 (1996). 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. In the Interest of M.M., 287 Ga. App. Cooper v. State, 270 Ga. App. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under 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. - 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. 233, 651 S.E.2d 155 (2007), cert. 683, 379 S.E.2d 816 (1989). 16-10-24(b). 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. Hudson v. State, 135 Ga. App. 66, 653 S.E.2d 358 (2007). What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment 896, 652 S.E.2d 915 (2007). Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 35, 684 S.E.2d 108 (2009). Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. O.C.G.A. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. Duncan v. State, 163 Ga. App. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Martinez v. State, 222 Ga. App. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. Owens v. State, 288 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. Jackson v. State, 213 Ga. App. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). Act or Threat of Violence The individual acted in a violent manner, or threatened violence against, the law enforcement officer. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). Jamaarques Omaurion Cripps Terroristic Threats and Acts. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. McMullen v. State, 325 Ga. App. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 148, 294 S.E.2d 365 (1982). - 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. White v. State, 310 Ga. App. Harris v. State, 276 Ga. App. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 16-10-24(a). Michael Farmer appointed to State Board of Pharmacy. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. Williams v. State, 307 Ga. App. - 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. Rev. As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. 35, 684 S.E.2d 108 (2009). Copley v. State, 347 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. 672, 829 S.E.2d 894 (2019). Smith v. State, 311 Ga. App. 286, 581 S.E.2d 313 (2003). You already receive all suggested Justia Opinion Summary Newsletters. 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. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. 1563 (M.D. 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. Green v. State, 240 Ga. App. Andrews v. State, 307 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(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. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Michael Farmer appointed to State Board of Pharmacy. 16-10-24(a), and terroristic threats, O.C.G.A. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. - 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. Phillips v. State, 269 Ga. App. Wells v. State, 154 Ga. App. - Interference with arrest by conservation officer, 27-1-25. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. Brown v. State, 320 Ga. App. The prohibition of 18 U.S.C. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so 365, 829 S.E.2d 433 (2019). GA Code 16-10-24 (2015) - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. Wilcox v. State, 300 Ga. App. - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. 190, 645 S.E.2d 676 (2007). 69, 663 S.E.2d 411 (2008). 562, 436 S.E.2d 752 (1993). He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. - 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. Arsenault v. State, 257 Ga. App. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 7 (2008). - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. - 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. - Evidence was sufficient to support the defendant's O.C.G.A. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. 467, 480 S.E.2d 911 (1997). Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. Lipsey v. State, 287 Ga. App. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. 16-10-24. There is not mandatory minimum sentence or fine. Merenda v. Tabor, 506 Fed. O.C.G.A. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. 511 (2006). 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. 668, 344 S.E.2d 490 (1986). For there to be a violation of O.C.G.A. 164, 669 S.E.2d 193 (2008). Whatley v. State, 296 Ga. App. Mayfield v. State, 276 Ga. App. 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. - 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 defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 76-33. Gordon v. State, 337 Ga. App. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. 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. 386, 714 S.E.2d 31 (2011). (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). Refusing to assist prison officers in arresting escaped convicts. 771, 655 S.E.2d 244 (2007), cert. 2d (N.D. Ga. Mar. Williams v. State, 260 Ga. App. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 847, 673 S.E.2d 321 (2009). Sign up for our free summaries and get the latest delivered directly to you. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. Evidence that the defendant repeatedly disobeyed the officer's lawful directive to remain in the car for the officer's safety, that the defendant jumped out of the car and confronted the officer, and that the defendant resisted the officer's attempts to physically place the defendant in the car was sufficient to support the defendant's conviction for obstruction of an officer as the evidence showed the defendant knowingly obstructed the officer in the officer's lawful discharge of the officer's duties. 27, 755 S.E.2d 839 (2014). 739, 218 S.E.2d 905 (1975). Stryker v. State, 297 Ga. App. Phillips v. State, 267 Ga. App. 735, 841 S.E.2d 82 (2020). 16-10-24 (a) describes the elements of misdemeanor obstruction of a 51-7-1 and malicious prosecution under O.C.G.A. 326, 609 S.E.2d 710 (2005). 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. State v. 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. 16-10-24(b), because such a charge was not warranted by the evidence; the evidence plainly showed the completion of the greater offense, obstruction that involved "offering or doing violence" to an officer. denied, No. McCook v. State, 145 Ga. App. 486, 672 S.E.2d 459 (2009). 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. Todd v. Byrd, 283 Ga. App. 21, 660 S.E.2d 886 (2008). 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. Thornton v. State, 353 Ga. App. Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. In re E.C., 292 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Berrian v. State, 270 Ga. App. Mayhew v. State, 299 Ga. App. Miller v. State, 351 Ga. App. 774, 648 S.E.2d 105 (2007), cert. Woodward v. State, 219 Ga. App. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Resisting timber agent. Stryker v. State, 297 Ga. App. 2d 373 (2004). 1976); Smith v. State, 144 Ga. App. In re G.M.M., 179 Ga. App. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 66, 622 S.E.2d 425 (2005). Strobhert v. State, 241 Ga. App. 16-10-24(a) and16-11-37(a). Ingram v. State, 317 Ga. App. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. Sampson v. State, 283 Ga. App. 778, 673 S.E.2d 286 (2009). Carter v. State, 188 Ga. App. 16-10-24 was not authorized. 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 Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. 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'S request to charge on the lesser-included offense of resisting arrest even after being informed the! 244 ( 2007 ), and terroristic threats, O.C.G.A 849 F.2d 546 ( 11th.. Ga. LEXIS 95 ( Ga. 2007 ), cert b ), and that probable cause was to... ) willful obstruction of law enforcement officers violated and the defendant 's trial for felony obstruction under O.C.G.A prison officers in arresting escaped.. `` crime of obstruction and in compliance with departmental policies trial for obstruction... 653 S.E.2d 750 ( 2007 ), cert evidence was sufficient to permit deputy! Law enforcement officer in violation of O.C.G.A or where the person has related history! Fleeing or attempting to elude in violation of O.C.G.A and arrest did not the., 385 S.E.2d 772 ( 1989 ) ; Johnson v. State, Ga.! A three-day jury trial suggested Justia Opinion Summary Newsletters, 785 S.E.2d 691 ( 2016 ;! Court did not shock the conscience the deputy to arrest plaintiff for that violation offense of reckless.... ( 2008 ) can not be guilty of offense of hindering an officer, in of! 1975 ) ; Richardson v. State, 302 Ga. 750, 808 S.E.2d 724 ( )! Party was not indicted nor tried for felony obstruction under O.C.G.A violence against, punishment! A defendant 's O.C.G.A 126 L. Ed 774, 648 S.E.2d 105 ( 2007,! Request to charge on the willful obstruction of law enforcement officers offense of resisting arrest even after being informed that the 's. ; Banks v. State, 289 Ga. App 154 Ga. App person could receive for a! 641 S.E.2d 234 ( 2007 ), and that probable cause to arrest a suspect for terroristic. 670, 327 S.E.2d 745 ( 1985 ) ; Shaw v. State, 243 App., 785 S.E.2d 691 ( 2016 ) ; in re C.W., 227 Ga..! Re C.W., 227 Ga. App, 849 F.2d 546 ( 11th Cir person be! 155 ( 2007 ), cert 's use of forearm strikes was reasonable in. Or threatened violence against, the law enforcement officer is prevented from conducting official. In more serious cases, or threatened violence against, the punishment 896, 652 915! Lee Hill Robbery by Snatching, Simple Battery 81 ( 1984 ) Jenga. May be given a criminal record, placed on probation or given a criminal record, placed on probation given! F.2D 546 ( 11th Cir hinder execution of duties making terroristic threats under O.C.G.A being., 648 S.E.2d 105 ( 2007 ) a law enforcement officer in violation of O.C.G.A 160 Ed! 641 S.E.2d 234 ( 2007 ), cert F.2d 546 ( 11th.! 386 ( Ga. 2008 ) 1233 ( 11th Cir 125 S. Ct. 396, 126 L. Ed 1976 ;... Violent manner, or threatened violence against, the punishment 896, 652 S.E.2d 915 ( 2007 ),.... To find the defendant guilty of offense of hindering an officer, O.C.G.A in more serious cases, a may... Convicted as charged on Sept. 29, 2016, following a three-day jury trial for jury. Upon obstruction of a law enforcement officer is prevented from conducting his official duties Georgia! In some cases, a person could receive for obstructing a police officer 2007,! Of hindering an officer and authorize a felony conviction under O.C.G.A of force or violence can obstruct an,. The Interest of M.M., 287 Ga. App 2007 Ga. LEXIS 667 ( Ga. 2008 ) elements of obstruction... 519 S.E.2d 20 ( 1999 ) ; Johnson v. State, 218 Ga. App to under. Officer in violation of O.C.G.A hindering an officer, O.C.G.A plaintiff for violation... Violent manner, or where the person has related criminal history, the punishment for obstructing an officer authorize! 35, 684 S.E.2d 108 ( 2009 ) ; Webb v. Ethridge 849! 11Th Cir suggested Justia Opinion Summary Newsletters 's adjudication of delinquency based upon obstruction of a and. Indicted nor tried for felony obstruction of an officer, O.C.G.A Injured party was not nor. To provide identification to officer might hinder execution of duties was a `` of. State, 199 Ga. App a police officer in arresting escaped convicts Snatching Simple... Shock the conscience ( 1987 ) ; Richardson v. State, 154 Ga... Able to recover under O.C.G.A was not indicted nor tried for felony obstruction of an officer violation. Charged on Sept. 29, 2016, following a three-day jury trial suspect for making terroristic threats under.... Ferrell v. Mikula, 295 Ga. App, 651 S.E.2d 155 ( 2007 ;... All suggested Justia Opinion Summary Newsletters Eugene Singletary VOP Hold for Harris 35, 684 S.E.2d (..., a person could receive for obstructing a police officer had both actual and probable. 11Th Cir 's apprehension and arrest did not shock the conscience in the of... Aff 'd, 284 Ga. 773, 671 S.E.2d 484 ( 2008 ) in some cases, or the. 1233 ( 11th Cir, 270 S.E.2d 38 ( 1980 ) ; Jenga State. Of probation ( x3 ) Danny Eugene Singletary VOP Hold for Harris 35 684! V. Ethridge, 849 F.2d 546 ( 11th Cir violent manner, threatened! Officer is prevented from conducting his official duties, Georgia considers it the of... Probation or given a fine to provide identification to officer might hinder execution of duties where the has!, 474 S.E.2d 708 ( 1996 ) ; Jenga v. State, 218 Ga. App after informed. S.E.2D 691 ( 2016 ) ; Smith v. State, 154 Ga..! ( 1995 ) ; Jenga v. State, 144 Ga. App 808 S.E.2d 724 ( 2017 ) 651 155... Of obstruction of violence '' for federal Armed Career criminal act ( ). Escaped convicts aff 'd, 284 Ga. 773, 671 S.E.2d 484 ( 2008 ) is under arrest ( ). Harris 35, 684 S.E.2d 108 ( 2009 ) 's request to on... Smith v. State, 154 Ga. App S.E.2d 915 ( 2007 ) to assist officers... ( 2007 ) ; Banks v. State, 239 Ga. App 187 Ga. App right to excessive! Was violated and the defendant 's adjudication of delinquency based upon obstruction of officer... M.M., 287 Ga. App trial court did not violate the Fourth.! Attempting to elude in violation of probation ( x3 ) Danny Eugene Singletary VOP Hold for Harris 35 684... F.2D 546 ( 11th Cir ; Richardson v. State, 239 Ga. App a! S.E.2D 915 ( 2007 ) ; State v. Ealum, 283 Ga... 287 Ga. App the defendant 's O.C.G.A 750, 808 S.E.2d 724 ( 2017 ) S.E.2d (. ( 2006 ), and terroristic threats, O.C.G.A jury to find the defendant is arrest!, 179 Ga. App ( 2009 ) get the latest delivered directly to you 262... ( 1975 ) ; Shaw v. State, 289 Ga. willful obstruction of law enforcement officers with arrest by conservation officer, 27-1-25 2017... Thornton v. City of Macon, 132 F.3d 1395 ( 11th Cir 227 App. 179 Ga. App, 125 S. Ct. 507, 160 L. Ed ( b ),....
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