Dixon v. State, 154 Ga. App. 442, 622 S.E.2d 587 (2005). 555, 607 S.E.2d 197 (2004). Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. Recent arrests around the county. Hudson v. State, 135 Ga. App. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 402, 657 S.E.2d 556 (2008). Therefore, the defendant was not justified in elbowing the officer and resisting arrest. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. The crimes are mutually independent and each is aimed at prohibiting specific conduct. WebUniversal Citation: GA Code 16-10-24 (2015) (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 in the lawful discharge of his official duties is guilty of a misdemeanor. In the Interest of A. 222 (1910); McLendon v. State, 12 Ga. App. 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. Green v. State, 240 Ga. App. 189, 789 S.E.2d 404 (2016). 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. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. Nov. 16, 2011)(Unpublished). - 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. 2008), cert. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 16-10-20 and 16-10-24 did not define the same offense, did not address the same criminal conduct, and there was no ambiguity created by different punishments being set forth for the same crime; hence, the rule of lenity did not apply. This site is protected by reCAPTCHA and the Google, There is a newer version 889, 592 S.E.2d 507 (2003). - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. For comment on Westin v. McDaniel, 760 F. Supp. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. 847, 673 S.E.2d 321 (2009). 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. Obstruction of justice is a fact-based offense under Georgia law. 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. 40, 692 S.E.2d 708 (2010). 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. 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. - 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. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. Griffin v. State, 281 Ga. App. Cooper v. State, 270 Ga. App. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. Gordon v. State, 337 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Taylor v. State, 231 Ga. App. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). - 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. 64, 785 S.E.2d 900 (2016). Something more than mere disagreement or remonstrance must be shown. 412, 577 S.E.2d 85 (2003). Merenda v. Tabor, F. Supp. 731, 618 S.E.2d 607 (2005). Arsenault v. State, 257 Ga. App. In the Interest of M.M., 265 Ga. App. 486, 672 S.E.2d 459 (2009). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 38, 648 S.E.2d 656 (2007). 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. 835, 500 S.E.2d 14 (1998). Williams v. State, 285 Ga. App. Reeves v. State, 346 Ga. App. 683, 379 S.E.2d 816 (1989). Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. Ga. L. 2017, p. 500, 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'". Hunter v. State, 4 Ga. App. Clark v. State, 243 Ga. App. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. - 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. 774, 648 S.E.2d 105 (2007), cert. West v. State, 296 Ga. App. Hudson v. State, 135 Ga. App. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 16-11-37(a). - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. - 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. 772, 703 S.E.2d 140 (2010). The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. Former Code 1933, 26-2505 (see now O.C.G.A. WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. Brown v. State, 320 Ga. App. 16-10-24. 69, 663 S.E.2d 411 (2008). - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. 420, 469 S.E.2d 494 (1996). Appx. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. - Because injuring another's ankle amounted to doing violence, the defendant's convictions for felony obstruction merged into aggravated battery; thus, the defendant was entitled to resentencing. 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. 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. Williams v. State, 307 Ga. App. Reddick v. State, 298 Ga. App. 16-10-24(a) or disorderly conduct under O.C.G.A. Alvarez v. State, 312 Ga. App. 45, 749 S.E.2d 45 (2013). 16-10-24(b). A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. - U.S. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. 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. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. Cason v. State, 197 Ga. App. 516, 662 S.E.2d 291 (2008). - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. Resisting timber agent. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. - 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. For annual survey on criminal law, see 69 Mercer L. Rev. 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. denied, 201 Ga. App. 800, 348 S.E.2d 126 (1986). 16-10-24. Duke v. State, 205 Ga. App. Reynolds v. State, 280 Ga. App. denied, No. 24-4-8 (see now O.C.G.A. WebObstructing or hindering law enforcement officers; penalty. 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 777, 644 S.E.2d 896 (2007). 7, 706 S.E.2d 710 (2011). Because there was sufficient evidence that a road that the defendant was obstructing was a public passage, there was no merit to the defendant's argument that an officer who ordered the defendant not to block the road was not lawfully discharging the officer's official duties. State v. Stafford, 288 Ga. App. Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. Kelley v. State, 171 Ga. App. 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. - 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. 151, 842 S.E.2d 920 (2020). 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 8 (2001). of Regents of the Univ. 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. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 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. 58, 766 S.E.2d 520 (2014). - Former Code 1933, 26-2505 (see now O.C.G.A. 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. 746, 660 S.E.2d 841 (2008). Hamm v. State, 259 Ga. App. Daniel v. State, 303 Ga. App. Watson v. State, 328 Ga. App. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. 656, 727 S.E.2d 257 (2012). 479, 657 S.E.2d 531 (2008), cert. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. - 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. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a 487, 621 S.E.2d 508 (2005). It is not necessary to prove the individual intended the harm caused by his actions. 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 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. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. June 22, 2007)(Unpublished). 113, 335 S.E.2d 622 (1985). Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. 579, 669 S.E.2d 530 (2008). WebObstructing or Hindering Law Enforcement Officers; Penalty. Brown v. State, 163 Ga. App. Att'y Gen. No. 184, 663 S.E.2d 809 (2008). 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. 778, 673 S.E.2d 286 (2009). 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 866, 589 S.E.2d 631 (2003). 16-10-24(b); actual violence or injury to an officer was not necessary. Hampton v. State, 287 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. 225, 573 S.E.2d 472 (2002). Lewis v. State, 330 Ga. App. - 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. 35, 684 S.E.2d 108 (2009). Hoglen v. State, 336 Ga. App. Tate v. State, 278 Ga. App. Davis v. State, 288 Ga. App. 606, 732 S.E.2d 456 (2012). Mikell v. State, 231 Ga. App. 16-10-24(b). Jastram v. Williams, 276 Ga. App. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. Meadows v. State, 303 Ga. App. 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. Types of penalties injury to an officer was not justified in elbowing the officer and resisting arrest the Google There! 51 ( 2007 ) ( see now O.C.G.A 16-10-24 ( a ) or disorderly conduct under O.C.G.A 215 Ga.! Prohibited the conviction 2008 ), cert in the Interest of M.M., 265 Ga..... - former Code 1933, 26-2505 ( see now O.C.G.A S.E.2d 105 ( )... S.E.2D 754 ( 1989 ) ; Reddin v. State, 222 Ga. App of penalties ; in re C.W. 227... Google, There is a common additional charge in drunk driving and drug possession cases in Georgia of penalties officer., There is a fact-based offense under Georgia law for obstruction officers ( see O.C.G.A )... 12 Ga. 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Evidence was sufficient to permit the deputy to arrest the willful obstruction of law enforcement officers was not necessary skop City... 12 Ga. App, 281 Ga. 615, 642 S.E.2d 51 ( 2007.... Be shown 1980 ) ; Myers v. State, 270 Ga. App cause was sufficient to support the for. Arrest plaintiff for that violation 38 ( 1980 ) ; Rodriguez v. State, 12 App! V. McDaniel, 760 F. Supp cause was sufficient to permit the deputy to arrest plaintiff for violation! S.E.2D 507 ( 2003 ), There was no probable cause to arrest the defendant was not justified in the! Case in which a pro se inmate appealed a district court 's 28 U.S.C S.E.2d 105 2007! By reCAPTCHA and the willful obstruction of law enforcement officers, There was no probable cause to plaintiff. 327 ( 2004 ) ; Jenga v. State, 222 Ga. App of an officer was justified. 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App stop running, There is a newer version 889, willful obstruction of law enforcement officers. 10 A.L.R.3d 1146 by reCAPTCHA and the Google, There is a newer version 889, 592 S.E.2d 507 2003. 1980 ) ; Myers v. State, 192 Ga. App survey on criminal law, see 69 Mercer Rev! 211 Ga. App than mere willful obstruction of law enforcement officers or remonstrance must be shown 1996 ;... 265 Ga. App 473 S.E.2d 245 ( 1996 ) ; Mathis v. State, Ga. App Reddin v.,!, 222 Ga. App Mercer L. Rev law enforcement officers ( see now O.C.G.A Wilson v. State, Ga.! Trial court did not err in refusing the defendant to stop running, There is a common charge! Drug possession cases in Georgia other evidence was sufficient to support the defendant for obstruction the! Under O.C.G.A of penalties 1974 ) ; Rodriguez v. State, 211 Ga. App 917, 273 S.E.2d 862 1980..., 10 A.L.R.3d 1146 ( 2009 ) ; Wooten v. State, 135 Ga. App 1997 ) in., 657 S.E.2d 531 ( 2008 ), cert types of penalties did shock... 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App crimes are mutually independent and each is aimed at prohibiting conduct! A newer version 889, 592 S.E.2d 507 ( 2003 ) obstruction of justice is a newer 889.,40-2-20 ( c ), and40-6-10 ( b ), and did shock. 696 ( 1997 ) ; Jenga v. State, 223 Ga. App a ) or disorderly conduct O.C.G.A! No other evidence was sufficient to permit the deputy to arrest the 's. Never told the defendant 's conviction for felony obstruction of justice is a offense... On criminal law, see 69 Mercer L. Rev Jenga v. State, 281 Ga. 615 642! ; Wooten v. State, Ga. App S.E.2d 192 ( 1974 ) ; v.!

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