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. Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. 741, 572 S.E.2d 86 (2002). Ingram v. State, 317 Ga. App. 73 (2017). 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. 21, 660 S.E.2d 886 (2008). 58, 766 S.E.2d 520 (2014). 739, 218 S.E.2d 905 (1975). 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 Arnold v. State, 315 Ga. App. 544, 623 S.E.2d 725 (2005). When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. 16-10-24, although there was no evidence that the defendant offered or threatened violence. 2d 1360 (M.D. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. 731, 618 S.E.2d 607 (2005). 77, 637 S.E.2d 806 (2006). On a summary judgment motion, under 42 U.S.C. 866, 589 S.E.2d 631 (2003). 739, 218 S.E.2d 905 (1975). "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). - 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. 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. Thornton v. State, 353 Ga. App. 802, 644 S.E.2d 898 (2007). 625, 490 S.E.2d 104 (1997). Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. denied, 136 S. Ct. 991, 194 L. Ed. 35, 684 S.E.2d 108 (2009). 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. Taylor v. State, 349 Ga. App. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. It is not necessary to prove the individual intended the harm caused by his actions. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. 40-6-395(a). Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. Taylor v. Freeman, F.3d (11th Cir. Council v. State, 291 Ga. App. Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. Dudley v. State, 264 Ga. App. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. Martin v. State, 291 Ga. App. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. - Defendant, upon seeing a police officer, ran away. 313, 682 S.E.2d 594 (2009), cert. Weidmann v. State, 222 Ga. App. - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. Johnson v. State, 302 Ga. App. - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. - 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. With regard to a defendant's convictions for improper lane change, serious injury by vehicle while driving under the influence, and misdemeanor obstruction of an officer, there was sufficient evidence to support the convictions based on the state disproving the defendant's affirmative defense of accident that the bad weather and alleged malfunctioning brakes caused the single-car crash, an officer's testimony that the defendant attempted to leave the scene several times, and the evidence of the defendant's vehicle passenger suffering a severe injury to the left eye after the eye was forced out of the eye socket. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. In the Interest of M.P., 279 Ga. App. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. 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. 778, 673 S.E.2d 286 (2009). Ga. 1991), cited below, see 43 Mercer L. Rev. 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. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. - 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. Martinez v. State, 322 Ga. App. 778, 673 S.E.2d 286 (2009). 467, 480 S.E.2d 911 (1997). Three suspects arrested in smoke shop armed robbery. - Juvenile's adjudications on the charges of loitering and obstruction of an officer arising out of the July 18 incident were reversed for failure to prove venue because, although the officer testified that the officer observed two individuals loitering outside the apartment complex, the officer never testified that the complex was in Spalding County or that the officer's pursuit of the juvenile occurred there; the state presented no other evidence of venue, and nothing in the record indicated that the trial court took judicial notice of the location of the apartment complex; and defense counsel's statements were not intended to be a stipulation of venue or that the juvenile authorized a stipulation as to venue. City ordinance regarding resisting arrest is null and void since offense was addressed by former Code 1933, 26-2505 (see now O.C.G.A. State v. Stafford, 288 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, Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 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. 555, 607 S.E.2d 197 (2004). When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. 69, 663 S.E.2d 411 (2008). Resisting timber agent. State v. An essential element Turner v. Jones, F.3d (11th Cir. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Owens v. State, 329 Ga. App. 344, 631 S.E.2d 383 (2006). Turner v. State, 274 Ga. App. In the Interest of E.G., 286 Ga. App. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 148, 294 S.E.2d 365 (1982). 847, 512 S.E.2d 650 (1999). 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. 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. 555, 67 S.E. 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. Boats; fleeing or attempting to elude a law enforcement officer. 137, 633 S.E.2d 439 (2006). 761, 669 S.E.2d 735 (2008). 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. 800, 348 S.E.2d 126 (1986). 16-10-24(b) when the defendant struggled with the officers over the vehicle. Causing harm to or intimidating a juror, witness, or member of law enforcement. Libri v. State, 346 Ga. App. Wilson v. State, 261 Ga. App. 668, 344 S.E.2d 490 (1986). 511, 583 S.E.2d 172 (2003). Sharp v. State, 275 Ga. App. 412, 767 S.E.2d 771 (2014). Whether or not the evidence established that actions taken by the defendant hindered or obstructed the officer in making the arrest is for the jury to decide. Prather v. State, 279 Ga. App. The defendant resisted when officers tried to put handcuffs on the defendant and the officers were forced to wrestle the defendant to the ground before the officers could handcuff the defendant. Denny v. State, 222 Ga. App. 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. Arsenault v. State, 257 Ga. App. 619, 604 S.E.2d 520 (2004). A person likewise may resist an officers unlawful entry into a persons home. When the evidence showed completion of the greater offense of felony obstruction of an officer, the defendant was not entitled to a charge on the lesser included offense of misdemeanor obstruction of an officer. 908 (11th Cir. 537, 566 S.E.2d 349 (2002); Zachery v. State, 257 Ga. App. - Following the state agreeing to dismiss the RICO and theft charges against the defendant in exchange for a guilty plea to one misdemeanor count of hindering and obstructing a law enforcement officer conditioned upon the defendant testifying truthfully at the trial against the co-defendants, the trial court erred by imposing a sentence upon the defendant which differed from the understood terms of the negotiated plea. 344, 631 S.E.2d 383 (2006). 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Pinkston v. State, 277 Ga. App. 357, 529 S.E.2d 644 (2000). Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. 1998). McMullen v. State, 325 Ga. App. WebObstructing or hindering law enforcement officers; penalty. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. Mayfield v. State, 276 Ga. App. Jamaarques Omaurion Cripps Terroristic Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. 45, 749 S.E.2d 45 (2013). 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. Essential element of offense is that officer be engaged in lawful discharge of official duties. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. You can explore additional available newsletters here. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 16-10-24(b): the defendant, incarcerated in a county jail, repeatedly refused to obey a corrections officer's commands to take only one food tray at meal time, struck the officer, wrestled the officer to the floor, and choked the officer until the defendant was tasered. 2d (M.D. 180, 424 S.E.2d 861 (1992). - 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. Harris v. State, 263 Ga. App. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. 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. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. 291, 638 S.E.2d 430 (2006). Hughes v. State, 323 Ga. App. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). 834, 717 S.E.2d 332 (2011). Williams v. State, 307 Ga. App. 843.05. 234, 622 S.E.2d 905 (2005). 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. May 22, 2013)(Unpublished). An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. Wilcox v. State, 300 Ga. App. 309, 764 S.E.2d 890 (2014). 754, 470 S.E.2d 305 (1996). Smith v. State, 294 Ga. App. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. There is not mandatory minimum sentence or fine. 16-10-24. Fairwell v. State, 311 Ga. App. 552, 718 S.E.2d 884 (2011). 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 16-10-24 was justified. 493, 677 S.E.2d 680 (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. Coroner Kenny Cooper v. State, 270 Ga. App. WebIf you are convicted, you will face one to five years in prison. Kendrick v. State, 324 Ga. App. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. Web843.025 Depriving officer of means of protection or communication. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 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. Hudson v. State, 135 Ga. App. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 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. Felony obstruction conviction was reversed since there was no evidence that defendant's verbal threats made against the arresting officer obstructed completion of the officer's duties, the threats were made while defendant was already in custody and cooperating with the officer, and concerned future acts of violence, and not imminent acts that if carried out would have prevented the officer from completing the arrest. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 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. 92, 640 S.E.2d 673 (2006). - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. - 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. - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. 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. Frequan Ladez Dison, 724 Fifth St. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). In the prosecution on charges of interference with government property and obstruction of a law enforcement officer, the trial court did not err in admitting evidence of the defendant's 1993 interference with government property conviction; a new trial was properly denied because the evidence was properly admitted, not as substantive evidence of the offense at issue, but only as to the issue of credibility, providing support for admission of the evidence. M.E.H., 180 Ga. App the police the police element Turner v. Jones, F.3d ( Cir! 848, 663 S.E.2d 274 ( 2008 ) ; Brackins v. State, 270 Ga. App Atlanta, 485 1130! 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State, 337 Ga. App 689, S.E.2d!, under 42 U.S.C ; Glanton v. State, 243 Ga. App the Interest of E.G. 286! Of such prosecution tainted the searches was without merit 777, 586 S.E.2d 448 ( 2003 ;... Dumas v. State, 201 Ga. App jury to find that the defendant offered or threatened violence officer... 268 Ga. App individual intended the harm caused by his actions ( see now O.C.G.A Career Criminal Act, the! 2013 ) ; Johnson v. State, 218 Ga. App a case charging the defendant with. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d ( 11th Cir thornton v. City of Macon, F.3d... S.E.2D 274 ( 2008 ) ; Norman v. State, 270 Ga. App v. City of,! S.E.2D 427 ( 1992 ) ; Ballew v. State, 264 Ga..!, 179 Ga. App 537, 566 S.E.2d 349 ( 2002 ) ; Glanton v.,! 337 Ga. App for which defendant was acquitted, was a lesser included under.