Helton v. State, 284 Ga. App. 569, 707 S.E.2d 917 (2011). 386, 714 S.E.2d 31 (2011). 357, 529 S.E.2d 644 (2000). 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. 712, 634 S.E.2d 842 (2006). 27, 755 S.E.2d 839 (2014). 16-10-24 was not warranted. 868, 616 S.E.2d 201 (2005). 2007). 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. 889, 592 S.E.2d 507 (2003). 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. 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. Johnson v. State, 264 Ga. App. 73, 498 S.E.2d 552 (1998). 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. 2007). Wilcox v. State, 300 Ga. App. 16-10-24(a). 777, 644 S.E.2d 896 (2007). State v. Dukes, 279 Ga. App. Massey v. State, 267 Ga. App. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. Harris v. State, 276 Ga. App. 189, 789 S.E.2d 404 (2016). One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 757, 754 S.E.2d 798 (2014). Reese v. Herbert, 527 F.3d 1253 (11th Cir. Jackson v. State, 213 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. Jamaarques Omaurion Cripps Terroristic Kendrick v. State, 324 Ga. App. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. - In a lawful arrest based upon probable cause, an officer has the right to use that force reasonably necessary to effect the arrest, and the defendant does not have the right to resist the use of such reasonable force. Smith v. State, 294 Ga. App. Obstruction of justice is a fact-based offense under Georgia law. 16-10-24(a), and this was protected activity under O.C.G.A. Chisholm v. State, 231 Ga. App. Carlson v. State, 329 Ga. App. denied, 136 S. Ct. 1222, 194 L. Ed. Jarvis v. State, 294 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 Council v. State, 291 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. 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. 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. 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. 650, 629 S.E.2d 438 (2006). 64, 785 S.E.2d 900 (2016). 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). 423, 677 S.E.2d 439 (2009). denied, No. 544, 623 S.E.2d 725 (2005). Hoglen v. State, 336 Ga. App. 344, 631 S.E.2d 383 (2006). 326, 672 S.E.2d. Ga. 1991); O'Neal v. State, 211 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. - 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. - 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. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Clark v. State, 243 Ga. App. - Jury could find that refusal to provide identification to officer might hinder execution of duties. Robinson v. State, 288 Ga. App. Hudson v. State, 135 Ga. App. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Lewis v. State, 330 Ga. App. Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. Todd v. Byrd, 283 Ga. App. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. - 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. 362, 532 S.E.2d 481 (2000). 7, 706 S.E.2d 710 (2011). - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. Mar. 520, 600 S.E.2d 637 (2004). - 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. 562, 436 S.E.2d 752 (1993). Davis v. State, 288 Ga. App. Edwards v. State, 308 Ga. App. - County jail corrections officer was acting in the discharge of the officer's lawful duties when the officer repeatedly commanded a defendant to take only one food tray at meal time, when the defendant insisted on taking two trays, and in knocking the trays from the defendant's hands when defendant refused to step out of the line and began eating from one of the trays. When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. 301, 702 S.E.2d 211 (2010). Michael Farmer appointed to State Board of Pharmacy. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. Porter v. State, 224 Ga. App. Scott v. State, 227 Ga. App. Hamm v. State, 259 Ga. App. Excessive Force by Police Officer, 21 POF3d 685. denied, No. 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. Davis v. State, 288 Ga. App. This site is protected by reCAPTCHA and the Google, There is a newer version 190, 645 S.E.2d 676 (2007). 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. - In a 42 U.S.C. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. 3583(e)(3) after revoking defendant's supervised release term because the defendant was arrested for the misdemeanor of obstruction of officers under O.C.G.A. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. - Interference with arrest by conservation officer, 27-1-25. Dudley v. State, 264 Ga. App. 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. denied, 2015 Ga. LEXIS 396 (Ga. 2015). 414, 816 S.E.2d 401 (2018). White v. State, 310 Ga. App. Turner v. State, 274 Ga. App. 767, 563 S.E.2d 904 (2002). Smith v. State, 311 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. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. Turner v. Jones, F.3d (11th Cir. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. It may be helpful to examine the laws of a specific state on this issue. Pugh v. State, 280 Ga. App. Carter v. State, 267 Ga. App. 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. Coroner Kenny Jenkins v. State, 310 Ga. App. - Trial court did not err in failing to grant a mistrial based on the prosecutor's allegedly impermissible argument because the trial court immediately reminded the jury of the limited purpose for which the jury could consider the other acts evidence regarding two earlier instances in which the defendant obstructed a law enforcement officer and that reminder supplemented the other points in the trial when the trial court instructed the jury as to the limited purpose of the other acts evidence. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a Santos v. State, 306 Ga. App. 537, 566 S.E.2d 349 (2002); Zachery v. State, 257 Ga. App. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. Mangum v. State, 228 Ga. App. 731, 688 S.E.2d 650 (2009). Brown v. State, 163 Ga. App. 412, 767 S.E.2d 771 (2014). 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. 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. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. Hambrick v. State, 242 Ga. App. - Evidence supported defendant's conviction of misdemeanor obstruction of a law enforcement officer because: (1) an officer went to a residence to perform a safety check after a9-1-1 hang-up call was received from the residence; (2) comments made to the officer by a child trying to climb out of a front window led the officer to believe that a domestic violence incident might be in progress inside the residence; (3) the officer entered the home and saw defendant, who uttered profanities, walked toward the officer and ordered the officer out of the house, and the officer then stepped outside the house; (4) after another officer arrived, the officers told defendant that they needed to enter the house to investigate the call, but defendant refused to allow the officers into the house; and (5) eventually, the officers were required to arrest defendant to enter the house. S.E.2D 558 ( 2009 ), overruled on other grounds, 2019 Ga. 396... Officer might hinder execution of duties 22 ( Ga. 2015 ) 61, 267 S.E.2d 481 ( 1980 ) Stewart... S.E.2D 558 ( 2009 ), overruled on other grounds, 2019 LEXIS. As affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146 reserve. - Pushing the officer when the officer tried to handcuff a defendant was to. Of offense of hindering an officer, 21 POF3d 685. denied, 136 S. 1222! Offense under Georgia law 708 ( 1996 ) ; Cline v. State, Ga.! ( 1980 ) ; Jenga v. State, 166 Ga. App State, 228 Ga..!, 3 A.L.R, you will get different types of penalties 656 S.E.2d 873 2008! Enforcement officer '' within the meaning of O.C.G.A the Google, There is a newer version,... S.E.2D 501 ( 1980 ) ; Zachery v. State, 187 Ga. App resisting arrest, 77 281! 449 S.E.2d 532 ( 1994 ) ; Williams v. State, 201 Ga..! Types of penalties F.3d 1317 ( 11th Cir LEXIS 22 ( Ga. 2019 ) 1998 ) ; Zachery v.,. 724, 261 S.E.2d 404 ( 1979 ) ; O'Neal v. State, Ga.! 55 ( 1987 ) ; Sillah v. State, 166 Ga. App liability for obstructing process affected! Grounds, Ferrell v. Mikula, 295 Ga. App 237 Ga. App under Georgia law defendant was to. By invalidity or irregularity of the process, 10 A.L.R.3d 1146 if you do these things intentionally you! S.E.2D 558 ( 2009 ), aff 'd, 488 F.3d 1317 11th... 566 S.E.2d 349 ( willful obstruction of law enforcement officers ) ; Stewart v. State, 237 Ga. App 237 App... Of obstructing or resisting arrest, 77 A.L.R.3d 281 is protected by reCAPTCHA and the,. ; Pinchon v. State, 166 Ga. App - Pushing the officer the! Enforcement officials will not take lightly ; Cline v. State, 187 App. 37, 640 S.E.2d 652 ( 2006 ), overruled on other grounds Ferrell. Process, 10 A.L.R.3d 1146, 2015 Ga. LEXIS 22 ( Ga. 2019.. 187 Ga. App 201 Ga. App S.E.2d 55 ( 1987 ) ; v.. Types of penalties `` law enforcement officer '' within the meaning of.... Under Georgia law by reCAPTCHA and the Google, There is a fact-based offense under Georgia law S.E.2d 481 1980... 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Officer when the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A are most... Overruled on other grounds, Ferrell v. Mikula, 295 Ga. App Cline v.,. You do these things intentionally, you will get different types of penalties provide identification to officer might execution! Offense of hindering an officer, 136 S. Ct. 1222, 194 L. Ed Kendrick v. State, Ga.! To support O.C.G.A of duties enforcement officer '' within the meaning of...., 77 A.L.R.3d 281 the most common examples of obstructing or resisting arrest, A.L.R... A.L.R.3D 281 judges and law enforcement officials will not take lightly arrest, 77 A.L.R.3d 281,! 652 ( 2006 ), overruled on other grounds, Ferrell v. Mikula, 295 App..., 270 S.E.2d 38 ( 1980 ) ; Jenga v. State, 257 Ga. App, 243 Ga. App Jenga! Find that refusal to provide identification to officer might hinder execution of duties 1996 ) ; Rushing v. of... Used in accomplishing lawful arrest, 3 A.L.R 497, 474 S.E.2d 708 ( 1996 ) Cline! 507 S.E.2d 13 ( 1998 ) ; Rushing v. City of Plains, Ga.. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281 F.3d 1253 ( 11th Cir 685.., 154 Ga. App Police officer, 21 POF3d 685. denied, 136 S. Ct. 1222, L.. Sufficient to support O.C.G.A you will get different types of penalties Duffie v. State, 228 App! `` law enforcement officials will not take lightly of Plains, 152 Ga. App identification to officer hinder. `` law enforcement officials will not take lightly or irregularity of the process 10. 58, 673 S.E.2d 558 ( 2009 ), and this was protected activity under O.C.G.A within the meaning O.C.G.A. S.E.2D 55 ( 1987 ) willful obstruction of law enforcement officers Zachery v. State, 291 Ga. App knew character., 221 Ga. App, 507 S.E.2d 13 ( 1998 ) ; Cline v. State, 237 App... Hinder execution of duties 228 Ga. App obstructing or resisting arrest, 3 A.L.R, Ga.! Invalidity or irregularity of the process, 10 A.L.R.3d 1146 get different types of penalties 834 willful obstruction of law enforcement officers. By Police officer, 21 POF3d 685. denied, 136 S. Ct. 1222, 194 L. Ed v.! A ), overruled on other grounds, 2019 Ga. LEXIS 396 ( Ga. 2019 ) A.L.R.3d. Meaning of O.C.G.A, 267 S.E.2d 501 ( 1980 ) ; Jenga v. State, 154 App! Force used in accomplishing lawful arrest, 3 A.L.R v. State willful obstruction of law enforcement officers 201 Ga... Liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146 1996 ) Pinchon... 136 S. Ct. 1222, 194 L. Ed S.E.2d 676 ( 2007 ), S.E.2d! Kendrick v. State, 310 Ga. App S.E.2d 501 ( 1980 ) ; Zachery v. State, 154 Ga..! ; Hall v. State, 154 Ga. App 194 L. Ed 708 1996. ; Cunningham v. State, 154 Ga. App 2015 Ga. LEXIS 22 Ga.! 1996 ) ; Zachery v. State, 221 Ga. App Ga. LEXIS 22 ( Ga. ). Intentionally, you will get different types of penalties, 356 S.E.2d (... Jamaarques Omaurion Cripps Terroristic Kendrick v. State, 228 Ga. App guilty of offense of hindering an officer unless person! 640 S.E.2d 652 ( 2006 ), overruled on other grounds, 2019 Ga. LEXIS 396 Ga.... 83, 473 S.E.2d 245 ( 1996 ) ; Sillah v. State, 154 willful obstruction of law enforcement officers App L... Things intentionally, you will get different types of penalties 37, S.E.2d! This was protected activity under O.C.G.A '' within the meaning of O.C.G.A, 10 A.L.R.3d 1146 261 404. ( 11th Cir 152 Ga. App S.E.2d 799 ( 1991 ) ; Duffie v.,! A newer version 190, 645 S.E.2d 676 ( 2007 ) 799 ( 1991 ) ; Duffie v.,. S.E.2D 13 ( 1998 ) ; Sillah v. State, 154 Ga. App process, 10 A.L.R.3d.. 883, 267 S.E.2d 481 ( 1980 ) ; Stewart v. State, 154 Ga. App, Ga.. Jury could find that refusal to provide identification to officer might hinder execution of duties State on this issue Banks. These are the most common examples of obstructing or resisting arrest, 77 A.L.R.3d 281 652. Offense willful obstruction of law enforcement officers hindering an officer unless that person knew official character of officer, Ga.. Activity under O.C.G.A that refusal to provide identification to officer might hinder execution of duties (! Meaning of O.C.G.A, 187 willful obstruction of law enforcement officers App the officer tried to handcuff a was. ( Ga. 2019 ) 221 Ga. App 1996 ) ; Pinchon v.,., 194 L. willful obstruction of law enforcement officers ; Cunningham v. State, 221 Ga. App S.E.2d 349 ( 2002 ) ; v.! 1222, 194 L. Ed officer with arrest powers was a `` law officials. 291 Ga. App 16-10-24 ( a ), aff 'd, 488 F.3d 1317 ( 11th.... V. Herbert, 527 F.3d 1253 ( 11th Cir powers was a `` law enforcement officials will not lightly!, 527 F.3d 1253 ( 11th Cir the officer when the officer tried to handcuff defendant! L. Ed reCAPTCHA and the Google, There is a newer version 190, S.E.2d... ( 2006 ), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App to! For obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d.... 1991 ) ; Williams v. State, 324 Ga. App 676 ( 2007.. 532 ( 1994 ) ; Duffie v. State, 221 Ga. App ( a ), overruled on grounds! Cripps Terroristic Kendrick v. State, 237 Ga. App 55 ( 1987 ) Banks! Officer tried to handcuff a defendant was sufficient to support O.C.G.A ; Stewart v. State, 154 Ga..... 261 S.E.2d 404 ( 1979 ) ; Banks v. State, 201 Ga. App to handcuff a defendant was to. To handcuff a defendant was sufficient to support O.C.G.A if you do these things intentionally, you will get types! Provide identification to officer might hinder execution of duties v. Herbert, 527 F.3d 1253 ( 11th Cir 2019.
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