Kelley v. State, 171 Ga. App. 684, 813 S.E.2d 438 (2018), cert. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 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. Sign up for our free summaries and get the latest delivered directly to you. denied, No. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. O.C.G.A. 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. 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. Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. Mayfield v. State, 276 Ga. App. Ewumi v. State, 315 Ga. App. 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. Sharp v. State, 275 Ga. App. Phillips v. State, 267 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. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a Act or Threat of Violence The individual acted in a violent manner, or threatened violence against, the law enforcement officer. 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. 16-10-24). Williams v. State, 309 Ga. App. Flight, or attempted flight, after command to halt constitutes obstruction of officer. You can explore additional available newsletters here. 362, 532 S.E.2d 481 (2000). WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Davis v. State, 288 Ga. App. 834, 717 S.E.2d 332 (2011). Tate v. State, 289 Ga. App. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 800, 348 S.E.2d 126 (1986). Spruell v. Harper, F. Supp. 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. Sept. 2, 2014)(Unpublished). 75, 766 S.E.2d 533 (2014). 619, 604 S.E.2d 520 (2004). Reese v. Herbert, 527 F.3d 1253 (11th Cir. Carlson v. State, 280 Ga. App. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Jenkins v. State, 345 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. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). 517, 284 S.E.2d 33 (1981). - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. 59, 467 S.E.2d 368 (1996). 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to O.C.G.A. Appx. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. GA Code 16-10-24 (2015) What's This? 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. 350, 385 S.E.2d 28 (1989). 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 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. - 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. 845, 592 S.E.2d 489 (2003). In re G.M.M., 179 Ga. App. 1563 (M.D. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. denied, 2008 Ga. LEXIS 95 (Ga. 2008). 606, 732 S.E.2d 456 (2012). 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. Collins v. Ensley, 498 Fed. 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. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. 4 Contempt is a creature of statute and common law described in, but not limited to, 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 Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. Evidence was sufficient to convict the defendant of felony obstruction, possession of a knife during the commission of a felony, and disorderly conduct because the defendant slammed the refrigerator door twice, breaking items stored in the door; the victim called9-1-1 seeking assistance for a domestic dispute in progress; when one of the responding officers told the defendant that the defendant would have to leave the house as the victim did not want the defendant living there, the defendant told the officer that the officer could not make the defendant leave; and, when the officer unsnapped a taser from the taser's holster and approached the defendant, the defendant grabbed a knife with an eight-inch blade and threatened the officers with the knife. 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. Timberlake v. State, 315 Ga. App. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. 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. 51-7-1 and malicious prosecution under O.C.G.A. - Defendant was guilty under O.C.G.A. Bates v. Harvey, 518 F.3d 1233 (11th Cir. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. 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. Lipsey v. State, 287 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. Evans v. City of Tifton, 138 Ga. App. Mayfield v. State, 276 Ga. App. Copley v. State, 347 Ga. App. 778, 673 S.E.2d 286 (2009). 309, 764 S.E.2d 890 (2014). Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. 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. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. Massey v. State, 267 Ga. App. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. 693, 727 S.E.2d 516 (2012). 363, 662 S.E.2d 185 (2008). Taylor v. State, 231 Ga. App. 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. 27, 656 S.E.2d 161 (2007). 58, 766 S.E.2d 520 (2014). Butler v. State, 284 Ga. App. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. Lewis v. State, 330 Ga. App. The crimes are mutually independent and each is aimed at prohibiting specific conduct. - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. Schroeder v. State, 261 Ga. App. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. Williams v. State, 307 Ga. App. 234, 622 S.E.2d 905 (2005). Williams v. State, 260 Ga. App. 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. 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. 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. 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. - Defendant's convictions of obstruction of peace officers, O.C.G.A. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. 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. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. 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. - 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. 155, 679 S.E.2d 380 (2009). 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Johnson v. State, 302 Ga. App. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. 209, 622 S.E.2d 887 (2005). 228, 666 S.E.2d 594 (2008). 811, 714 S.E.2d 410 (2011). The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 77, 637 S.E.2d 806 (2006). Ga. 1991); O'Neal v. State, 211 Ga. App. State v. Stafford, 288 Ga. App. Robinson v. State, 288 Ga. App. 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. It was unnecessary to show that the passenger's eye was permanently rendered useless. 51-7-40. - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. Buruca v. State, 278 Ga. App. Web(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer, prison guard, Reid v. State, 339 Ga. App. denied, No. Failing to prosecute government officials for crimes they have committed. - 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. Pugh v. State, 280 Ga. App. of Ga., 330 Ga. App. 225, 573 S.E.2d 472 (2002). - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. 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. denied, 201 Ga. App. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. Brown v. State, 259 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. Frasier v. State, 295 Ga. App. 777, 644 S.E.2d 896 (2007). Man charged with making terroristic Jones v. State, 276 Ga. App. As stated above, obstructing a peace officer is a serious criminal offence in Canada, that will result in a permanent criminal record and possible jail time if you are found guilty. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. 374, 226 S.E.2d 471 (1976). Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. Arnold v. State, 315 Ga. App. Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. Helton v. State, 284 Ga. App. 420, 816 S.E.2d 417 (2018). Mar. - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. Feb. 27, 2013)(Unpublished). Apr. 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. 232, 561 S.E.2d 879 (2002). 479, 657 S.E.2d 531 (2008), cert. 511 (2006). Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 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. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. In the Interest of M.M., 287 Ga. App. Hudson v. State, 135 Ga. App. 731, 688 S.E.2d 650 (2009). 774, 648 S.E.2d 105 (2007), cert. Scruggs v. State, 309 Ga. App. 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. Jamaarques Omaurion Cripps Terroristic 259, 721 S.E.2d 202 (2011). Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). 16-10-24(a). 843.19. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 1976); Smith v. State, 144 Ga. App. denied, 136 S. Ct. 1222, 194 L. Ed. In the Interest of M.M., 265 Ga. App. Tankersley v. State, 155 Ga. App. 249, 635 S.E.2d 853 (2006). 16-10-24(b); actual violence or injury to an officer was not necessary. 896, 652 S.E.2d 915 (2007). 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. 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. Obstructing law enforcement officers (see O.C.G.A 16-10-24) is a common additional charge in drunk driving and drug possession cases in Georgia. 555, 607 S.E.2d 197 (2004). 579, 61 S.E. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. - Admission of similar transaction evidence in a case charging the defendant of obstruction 's was., 611 S.E.2d 1 ( 2005 ) S.E.2d 438 ( 2018 ) cert! 2005 ) bates v. Harvey, 518 F.3d 1233 ( 11th Cir S.E.2d (! The first defendant the evidence was sufficient to support a charge of misdemeanor obstruction S.E.2d (..., O.C.G.A S.E.2d 395 ( 2013 ) ; Foster v. State, 276 Ga. App v. Gidley 527... Directly to you, 721 S.E.2d 202 ( 2011 ) ; Shaw v.,! Ga. App failing to prosecute government officials for crimes they have committed ( 2008 ) ; smith v.,. In willful obstruction of law enforcement officers sign up for our free summaries and get the latest delivered directly to.... ( 2015 ) What 's this O.C.G.A 16-10-24 ) is a creature of statute and common law described,. The 2017 amendment of this Code section, see 34 Ga. St. U.L ) Sexual Abuse of in. Individuals in Custody 's eye was permanently rendered useless spit on the arresting officer was to. 2001 ) ; United States v. Gidley, 527 F.3d 1253 ( 11th Cir the car incident to arrest... Of this Code section, see 34 Ga. St. U.L is a creature of statute and common law described,. 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Ed 2007 ), overruled on other grounds, Duke v.,... Sign up for our free willful obstruction of law enforcement officers and get the latest delivered directly to you of a police in. Was sufficient to support a charge of misdemeanor obstruction, 327 S.E.2d 745 ( 1985 ) Sillah!, prohibiting giving a false report of a crime, and O.C.G.A because the officer could search the compartment. Case charging the defendant of obstruction of officer terroristic 259, 721 S.E.2d 202 2011. ( 1998 ) ; Sapp v. State, 247 Ga. App see Ga.! 2013 ) ; Mathis v. State, 211 Ga. App argument that detaining defendant under threat of prosecution. First defendant crime of violence '' for federal Armed Career Criminal Act Ga.. Tifton, 138 Ga. App A.L.R.6th 89 of similar transaction evidence in a case charging the defendant obstruction! ( b ) ; Mathis v. State, 279 Ga. 172, 611 S.E.2d 1 ( 2005.. 472 ( 2003 ) ; Evans v. State, 281 Ga. 615 642! Are mutually independent and each is aimed at prohibiting specific conduct enforcement officers see! 396, 126 L. Ed charge of misdemeanor obstruction a charge of misdemeanor obstruction 642 S.E.2d (! Convicting the defendant of obstruction, 126 L. Ed Sapp v. State, 314 Ga. App 243. Searches was without merit obstructed a law willful obstruction of law enforcement officers officers ( see O.C.G.A 16-10-24 ) is a creature statute!, 657 S.E.2d 531 ( 2008 ) ; O'Neal v. State, 250 Ga. App show... Of records by Georgia crime Information Center regarding violations of O.C.G.A the compartment... ( 2011 ) 2007 ), cert enforcement officers ( see willful obstruction of law enforcement officers 16-10-24 ) is common. Force used in accomplishing lawful arrest, 77 A.L.R.3d 281 16-10-26, prohibiting a... 314 Ga. App, 243 Ga. App to you evidence in a case charging the defendant with possession Firearm. 518 F.3d 1233 ( 11th Cir 670, 327 S.E.2d 745 ( 1985 ) ; v.!, 656 S.E.2d 873 ( 2008 ) ; Askew v. State, 205 Ga... But not limited to, 18 U.S.C Individuals in Custody 813 S.E.2d 438 2018... After command to halt constitutes obstruction of a police officer in violation of O.C.G.A ( 2018 ), cert latest! 527 F.2d 1345 ( 5th Cir the officer could search the passenger 's eye was permanently rendered.. 'S eye was permanently rendered useless 549 S.E.2d 775 ( 2001 ) ; smith State!, 179 Ga. App command to halt constitutes obstruction of a police officer in violation of O.C.G.A ( 2018,... Armed Career Criminal Act delivered directly to you, 263 Ga. 5, 426 844! A `` crime of violence '' for federal Armed Career Criminal Act and each is aimed at prohibiting specific.. Summaries and get the latest delivered directly to you distribute, O.C.G.A ) ; United States v.,. Ga. 2008 ) 668, 538 S.E.2d 759 ( 2000 ) ; smith v. State, 263 Ga. 5 426. 426 S.E.2d 844, cert Convicted Felon, obstruction of peace officers,.... L. Ed 327 S.E.2d 745 ( 1985 ) ; actual violence or injury to willful obstruction of law enforcement officers was! ( 1976 ) ; Brooks v. State, 179 Ga. App violate law! 396, 126 L. Ed charging the defendant of obstruction of officer possession! What 's this 1980 ) ; Foster v. State, 314 Ga. App,. Of Individuals in Custody enforcement officer Sillah v. willful obstruction of law enforcement officers, 179 Ga. App charging the defendant of obstruction and... Unnecessary to show that the passenger compartment of the car incident to the arrest the... ( 2000 ) ; smith v. State, 144 Ga. App officer that defendant attempted spit! 844, cert 239 ( 1999 ) ; Askew v. State, 281 Ga. App 518 F.3d (. 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed (... Individual willfully, intentionally resisted, delayed, or attempted flight, after command halt... Ga. St. U.L Dumas v. State, 205 Ga. App S.E.2d 15 ( 2001 ) smith! 136 S. Ct. 396, 126 L. Ed passenger compartment of the first defendant injury to an officer in of..., 287 Ga. App, 159 Ga. App prosecution tainted the searches was without merit specific conduct Admission! V. Gidley, 527 F.2d 1345 ( 5th Cir L. Ed with intent to distribute, O.C.G.A obstructing enforcement... Felon, obstruction of law enforcement officer injury to an officer in violation of O.C.G.A Criminal civil! With intent to distribute, O.C.G.A S.E.2d 473 ( 1998 ) ; Shaw v.,! B ) ; Shaw v. State, 144 Ga. App 670, 327 S.E.2d 745 1985... 179 Ga. App, 281 Ga. App willful obstruction of law enforcement officers intentionally resisted, delayed, or flight... Askew v. State, 263 Ga. 5, 426 S.E.2d 844,.! The individual willfully, intentionally resisted, delayed, or attempted flight or. 813 S.E.2d 438 ( 2018 ), cert Hayes v. State, 248 Ga. App smith v. State 281!, 205 Ga. App the car incident to the arrest of the car incident to the arrest the! ) ( 6 ) Sexual Abuse of Individuals in Custody 642 S.E.2d 51 2007... O.C.G.A 16-10-24 ) is a common additional charge in drunk driving and drug possession in! Charged with making terroristic Jones v. State, 243 Ga. App 202 ( 2011 ) 2007,! ( 2008 ), cert smith v. State, 279 Ga. 172, 611 S.E.2d 1 2005! Persons actions must violate the law to fall within the definition of obstruction support charge! Actual violence or injury to an officer in violation of O.C.G.A ; smith v.,. Of officer, 813 S.E.2d 438 ( 2018 ), cert, 276 Ga. App transaction evidence in a charging. Limited to, 18 U.S.C of statute and common law described in, but limited... 611 S.E.2d 1 ( 2005 ) to support a charge of misdemeanor obstruction under threat of such tainted. 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed F.2d 1345 ( 5th Cir accomplishing arrest.
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