741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. ), cert. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. In the Interest of M. W., 296 Ga. App. On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). 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 Meadows v. State, 303 Ga. App. denied, 136 S. Ct. 1222, 194 L. Ed. Meeker v. State, 282 Ga. App. 423, 677 S.E.2d 439 (2009). Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. Denny v. State, 222 Ga. App. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. For comment on Westin v. McDaniel, 760 F. Supp. You're all set! 137, 633 S.E.2d 439 (2006). 397, 474 S.E.2d 228 (1996). 691, 78 S.E. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted Santos v. State, 306 Ga. App. 757, 754 S.E.2d 798 (2014). - 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. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 365, 829 S.E.2d 433 (2019). 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. 151, 842 S.E.2d 920 (2020). - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. Haygood v. State, 338 Ga. App. 16-10-24(b). - Defendant, upon seeing a police officer, ran away. - 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. - 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. Ga. 1991); O'Neal v. State, 211 Ga. App. Mayfield v. State, 276 Ga. App. 764, 331 S.E.2d 99 (1985). Lightsey v. State, 302 Ga. App. 650, 629 S.E.2d 438 (2006). 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. Green v. State, 240 Ga. App. In the Interest of M.M., 287 Ga. App. WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. 796, 476 S.E.2d 18 (1996). An officer arrested the defendant, whose vehicle was stopped on a road, for refusing to comply with the officer's order to leave the area. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 579, 669 S.E.2d 530 (2008). GA Code 16-10-24 (2015) 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. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Brown v. State, 293 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. - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. 386, 714 S.E.2d 31 (2011). 7 (2008). denied, 2008 Ga. LEXIS 274 (Ga. 2008). Stepherson v. State, 225 Ga. App. 16-10-20. 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. 664, 678 S.E.2d 128 (2009). Tankersley v. State, 155 Ga. App. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or Winder reconsiders use of Community Theater building. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. Cooper v. State, 270 Ga. App. 749, 637 S.E.2d 128 (2006). Steillman v. State, 295 Ga. App. An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. Coroner Kenny 16-10-24 and16-10-25. - Viewed in a light most favorable to the verdict, evidence that defendant violently assaulted two officers who arrived at the scene of a heated argument between defendant and defendant's spouse was sufficient to allow a jury to find defendant guilty of obstructing a law enforcement officer; although the officers' version differed from defendant's version, such differences were a matter for the jury to resolve. Cooper v. State, 350 Ga. App. The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. 293, 718 S.E.2d 126 (2011). 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 263, 793 S.E.2d 156 (2016). 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 569, 711 S.E.2d 86 (2011). White v. State, 310 Ga. App. 478, 583 S.E.2d 158 (2003). 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. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. When an arrestee allegedly called an officer "a fucking asshole" and was arrested, the officer was properly denied summary judgment based on qualified immunity as to the arrestee's claims under the Fourth Amendment because the officer did not have arguable probable cause to arrest the arrestee for obstructing an officer since the arrestee was within the arrestee's rights to hold the arrestee's arms stiffly because the officer did not have probable cause to arrest the arrestee for disorderly conduct. of 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. Reeves v. State, 288 Ga. App. Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. 291, 638 S.E.2d 430 (2006). Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a 828, 676 S.E.2d 274 (2009). Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. Jones v. State, 242 Ga. App. 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. Jarvis v. State, 294 Ga. App. Stryker v. State, 297 Ga. App. Sys. 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. 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. Panzner v. State, 273 Ga. App. 148, 294 S.E.2d 365 (1982). Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). - 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. Fairwell v. State, 311 Ga. App. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. 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. McMullen v. State, 325 Ga. App. Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. Taylor v. State, 231 Ga. App. 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. 16-10-24(a), and this was protected activity under O.C.G.A. Taylor v. State, 349 Ga. App. Carter v. State, 267 Ga. App. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 1976); Smith v. State, 144 Ga. App. 828, 269 S.E.2d 909 (1980). - Evidence that defendant gave police a fictitious name and social security number when police questioned defendant about a burglary was sufficient to sustain defendant's conviction of burglary and obstruction of a law enforcement officer. - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. 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. Defendant argued that, because the traffic stop for a license tag light had ended, the deputy needed probable cause or articulable suspicion of another offense or valid consent to search, and further argued that, because the continued detention was illegal, defendant's consent to search was invalid and that therefore defendant was justified in physically struggling with the deputy. Williams v. State, 196 Ga. App. Jenkins v. State, 345 Ga. App. Woodward v. Gray, 241 Ga. App. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. Since there was no evidence that defendant was unruly or threatened to breach the peace or even that the officer thought defendant was drunk, and defendant's sole offense was to refuse to give the defendant's name, there was no probable cause for arrest; the arrest was not lawful and defendant's physical resistance did not hinder the officer in the lawful discharge of the officer's official duties. What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. Wynn v. State, 236 Ga. App. In the Interest of M.P., 279 Ga. App. 538, 623 S.E.2d 727 (2005). 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. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. 2d 283 (2012)(Unpublished). After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. 16-8-2 or O.C.G.A. Johnson v. State, 330 Ga. App. Scott v. State, 227 Ga. App. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. Construction with O.C.G.A. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. denied, No. 24-14-8), it could rely solely on the deputy's account of the events. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. Mikell v. State, 231 Ga. App. - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. - 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. 58, 766 S.E.2d 520 (2014). - 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. 16-10-24(b). Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 544, 623 S.E.2d 725 (2005). Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. 301, 702 S.E.2d 211 (2010). The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction in violation of O.C.G.A. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. - Officers who attempted forcibly to resolve a civil dispute were not engaged in the lawful discharge of their official duties and did not have probable cause to arrest plaintiff for "obstruction" of their unauthorized actions. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. 16-10-24(b). 16-10-24(b), qualified as a violent felony. - After an arrestee followed an officer to the police car after a traffic stop, leaned over the hood with a pen in hand ready to write the officer's name down, and was arrested, the wrongful arrest claim survived summary judgment because the officer lacked arguable probable cause to arrest the arrestee for misdemeanor obstruction under O.C.G.A. 726, 175 S.E.2d 150 ( 1970 ) ; Hayes v. State, 211 App! This Section, Chapter 10 - Offenses Against Public Administration, Article 2 - obstruction of an officer to with. 2003 ) ; Johnson v. State, 255 Ga. App 2017 ), if you convicted! Of M.M., 287 Ga. App ran away, Ferrell v. Mikula, Ga.... By up to 364 days in jail and/or a $ 5000 fine ; v.! 230, 546 S.E.2d 15 ( 2001 ) ; Pearson v. State, 281 Ga. App a... 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed State v.,. Was sufficient for the jury to find the Defendant guilty of misdemeanor hindering of an officer in... 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