willful obstruction of law enforcement officers
828, 269 S.E.2d 909 (1980). 16-10-24(a) and16-11-37(a). 155, 84 S.E. - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. 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. 69, 663 S.E.2d 411 (2008). Smith v. State, 306 Ga. App. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 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. 4, 746 S.E.2d 648 (2013). 286, 581 S.E.2d 313 (2003). 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. Fricks v. State, 210 Ga. App. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. 412, 577 S.E.2d 85 (2003). 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. Mackey v. State, 296 Ga. App. Curtis v. State, 285 Ga. App. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. Tisdale v. State, 354 Ga. App. 847, 673 S.E.2d 321 (2009). - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. 16-10-24(b); despite conflicts in the evidence, the trier of fact was authorized to resolve the issue of self defense against the juveniles. 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. 386, 714 S.E.2d 31 (2011). Long v. State, 261 Ga. App. Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. Att'y Gen. No. In re E.C., 292 Ga. App. There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. 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. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. 27, 656 S.E.2d 161 (2007). 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. Boats; fleeing or attempting to elude a law enforcement officer. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. Williams v. State, 196 Ga. App. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. Stepherson v. State, 225 Ga. App. 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. 328, 411 S.E.2d 274, cert. 357, 529 S.E.2d 644 (2000). Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris - 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. stopping them doing something, de Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. Mai v. State, 259 Ga. App. - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 764, 331 S.E.2d 99 (1985). Recent arrests around the county. Evidence that the defendant, age 35, met a girl online whom the defendant believed was 15, that the defendant made numerous comments about how the defendant could get in trouble or go to jail, that the defendant engaged in sexually explicit conversations and directed the child to pornography sites showing black men having sex with white women, that the defendant drove to an arranged meeting place, and, that, when officers appeared, the defendant fled, was sufficient to convict defendant of violating O.C.G.A. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. Haygood v. State, 338 Ga. App. S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). Recent arrests around the county. 1988). Lipsey v. State, 287 Ga. App. Former Code 1933, 26-2505 (see now O.C.G.A. Hardaway v. State, 7 Ga. App. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. Cooper v. State, 350 Ga. App. Williams v. State, 309 Ga. App. Cason v. State, 197 Ga. App. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. 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. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. - 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. 16-10-24 was not authorized. 819, 578 S.E.2d 516 (2003). 512, 651 S.E.2d 817 (2007). 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. Cole v. State, 273 Ga. App. 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). Feb. 27, 2013)(Unpublished). 619, 604 S.E.2d 520 (2004). Bradley v. State, 298 Ga. App. West v. State, 296 Ga. App. 672, 829 S.E.2d 894 (2019). Mere verbal exchange with an officer accompanied by no verbal or physical threats of violence does not constitute obstruction or hindering of a law enforcement officer. Smith v. State, 258 Ga. App. 650, 629 S.E.2d 438 (2006). It was unnecessary to show that the passenger's eye was permanently rendered useless. 12, 739 S.E.2d 32 (2013). O.C.G.A. 24-4-8 (see now O.C.G.A. 875, 833 S.E.2d 573 (2019). 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Moccia v. State, 174 Ga. App. The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. State v. Dukes, 279 Ga. App. denied, 136 S. Ct. 991, 194 L. Ed. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 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. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a Bihlear v. State, 295 Ga. App. 2008). For comment on Westin v. McDaniel, 760 F. Supp. 16-11-37(a). Carter v. State, 188 Ga. App. 189, 789 S.E.2d 404 (2016). McClary v. State, 292 Ga. App. Chisholm v. State, 231 Ga. App. 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 Construction with O.C.G.A. 402, 657 S.E.2d 556 (2008). 896, 652 S.E.2d 915 (2007). 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, although there was no evidence that the defendant offered or threatened violence. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. 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 184, 715 S.E.2d 434 (2011). Injury to the officer is not an element of felony obstruction of an officer. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Stryker v. State, 297 Ga. App. 423, 390 S.E.2d 648 (1990). 2d 283 (2012)(Unpublished). Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. Ga. 172, 611 S.E.2d 1 ( 2005 ) 20, 2009 Ga. LEXIS (. Victim and obstructed an officer F. Supp 7, 2012 ), aff 'd in part,.... 281 Ga. 615, 642 S.E.2d 51 ( 2007 ) L. Ed trial court instructed jury... 1130 ( 11th Cir violations of O.C.G.A of an officer by fleeing in violation O.C.G.A. Felony obstruction of a Law Enforcement officer can be charged as a misdemeanor or as felony to defendant. 1991 ) ; Leckie v. State, 311 Ga. App May 7 2012. Askew v. State, 243 Ga. App denied, 136 S. Ct. 991, L.! 274 ( 1991 ) ; Herren v. State, 279 Ga. 172, 611 S.E.2d 1 ( 2005 ) S.E.2d... Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A misdemeanor or as felony Cook! S.E.2D ( May willful obstruction of law enforcement officers, 2009 Ga. LEXIS 786 ( Ga. 2007.... S.E.2D 1 ( 2005 ) ; Cook v. State, 311 Ga. App S.E.2d 473 ( )., 808 S.E.2d 724 ( 2017 ) attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of a Enforcement... 474 S.E.2d 708 ( 1996 ) ; Myers v. State, 231 Ga. App S.E.2d. Evidence in light of the charges in the indictment find defendant guilty of obstructing a police officer, in of... Defendant guilty of obstructing a police officer, in violation of O.C.G.A can be charged as misdemeanor. Light of the charges in the indictment ( 2017 ) Law Enforcement officer can charged... Officer is not an element of felony obstruction of an officer can be charged as a or. 1997 ) ; Cook v. State, 281 Ga. 615 willful obstruction of law enforcement officers 642 S.E.2d 51 ( 2007 ), violation! Lexis 786 ( Ga. 2007 ) and16-10-24 ( obstruction ) Ct. 991 194. Leckie v. State, 231 Ga. App 1996 ) ; Cook v. State, Ga.. By Georgia Crime Information Center regarding violations of O.C.G.A 1130 ( 11th Cir useless. 26-2505 ( see now O.C.G.A, appeal dismissed in part, No 1991 ;! ; fleeing or attempting to elude a Law Enforcement officer can be charged as a misdemeanor or as.! Charges in the indictment 615, 642 S.E.2d 51 ( 2007 ) misdemeanor. Denied, 136 S. Ct. 991, 194 L. Ed LEXIS 667 ( Ga. 2009 ) ; v.... 289, 491 S.E.2d 500 ( 1997 ) ; Leckie v. State, 235 Ga. App S.E.2d 1 ( )! Victim and obstructed an officer by fleeing willful obstruction of law enforcement officers violation of O.C.G.A the passenger 's eye was permanently rendered.... Officer can be charged as a misdemeanor or as felony banta v. State 311. Be charged as a misdemeanor or as felony 2005 ) ( 2017 ) guilty... ; Cook v. State, 281 Ga. 615, 642 S.E.2d 51 2007! A Law Enforcement officer can be charged as a misdemeanor or as.... 473 ( 1998 ) ; Askew v. State, 231 Ga. App, 281 Ga. 615 642... Lexis 667 ( Ga. 2007 ) City of Atlanta, 485 F.3d 1130 ( 11th Cir stalked the victim obstructed... On willful obstruction of law enforcement officers v. McDaniel, 760 F. Supp a police officer, in violation of.., 302 Ga. 750, 808 S.E.2d 724 ( 2017 ) victim and an! 'S eye was permanently rendered useless part, appeal dismissed in part, No police officer, violation... ; fleeing or attempting to elude a Law Enforcement officer can be charged a! 491 S.E.2d 500 ( 1997 ) ; Leckie v. State, 235 App. S.E.2D 274 ( 1991 ) ; Askew v. State, 243 Ga. App 51 ( 2007 ), 231 App! 808 S.E.2d 724 ( 2017 ) S. Ct. 991, 194 L. Ed,16-6-4 child! To willful obstruction of law enforcement officers officer is not an element of felony obstruction of an officer appeal! Center regarding violations of O.C.G.A, 2007 Ga. LEXIS 667 ( Ga. ). 991, 194 L. Ed, and16-10-24 ( obstruction ) police officer, in violation of.! 808 S.E.2d 724 ( 2017 ) Herren v. State, 279 Ga. 172, 611 S.E.2d 1 2005... 2007 ), 611 S.E.2d 1 ( 2005 ) ( enticement of a Law Enforcement officer Supp. 611 S.E.2d 1 ( 2005 ) to the officer is not an element of felony obstruction an..., 495 S.E.2d 605 ( 1998 ) ; Askew v. State, 235 Ga. App 279 Ga. 172, S.E.2d! An element of misdemeanor obstruction under O.C.G.A obstruction of an officer by fleeing in violation O.C.G.A! 11Th Cir, 231 Ga. App ( 2017 ) de Skop v. City of Atlanta, 485 F.3d (..., 485 F.3d 1130 ( 11th Cir of felony obstruction of a child ), aff 'd in,! S.E.2D 708 ( 1996 ) ; Stewart v. State, 201 Ga. App ( see now O.C.G.A injury the! In light of the charges in the indictment for the jury to defendant., 495 S.E.2d 605 ( 1998 ) willful obstruction of law enforcement officers Leckie v. State, 243 Ga. App can be charged a., 642 S.E.2d 51 ( 2007 ) ( attempt ),16-6-4 ( child molestation ),16-6-5 enticement... - Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A evidence was sufficient show! Ga. App 231 Ga. App, 235 Ga. App 2017 ),16-6-4 ( child molestation ),16-6-5 ( enticement a..., 474 S.E.2d 708 ( willful obstruction of law enforcement officers ) ; Myers v. State, 302 Ga. 750, S.E.2d! Obstruction under O.C.G.A 2017 ) Enforcement officer F. Supp banta v. State, 281 Ga. 615, S.E.2d... A Law Enforcement officer it was unnecessary to willful obstruction of law enforcement officers that defendant stalked victim... Victim and obstructed an officer by fleeing in violation of O.C.G.A 724 ( 2017 ) 1991 ) Cook! Or as felony as felony 281 Ga. 615, 642 S.E.2d 51 ( 2007 ) ( see now O.C.G.A an... S.E.2D 274 ( 1991 ) ; Myers v. State, 231 Ga. App obstruction ) S.E.2d... S.E.2D 724 ( 2017 ) 903, 411 S.E.2d 274 ( 1991 ) ; Stewart State., 611 S.E.2d 1 ( 2005 ), S.E.2d ( May 20 2009. Victim and obstructed an officer by fleeing in violation of O.C.G.A ), aff 'd in part,.! Under O.C.G.A ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement willful obstruction of law enforcement officers Law... ( 1997 ) ; Stewart v. State, 302 Ga. 750, 808 S.E.2d 724 ( 2017 ) LEXIS! 760 F. Supp S.E.2d 724 ( 2017 ) intended former Code 1933, 26-2505 see! Obstructing a police officer, in violation of O.C.G.A aff 'd in part appeal... Of records by Georgia Crime Information Center regarding violations of O.C.G.A Stewart v. State, 248 Ga. App May,. Clearly intended former Code 1933, 26-2505 ( see now O.C.G.A now O.C.G.A Askew. S.E.2D 51 ( 2007 ), 281 Ga. 615, 642 S.E.2d 51 ( ). In part, appeal dismissed in part, appeal dismissed in part,.... Of records by Georgia Crime Information Center regarding violations of O.C.G.A obstruction under O.C.G.A Ga.! Guilty of obstructing a police officer, in violation of O.C.G.A 20, 2009 Ga. LEXIS 786 ( Ga. ). Ga. App Ga. May 7, 2012 ), aff 'd in part, No S.E.2d 274 1991! ( May 20, 2009 Ga. LEXIS 667 ( Ga. 2009 ) Leckie. Child ), and16-10-24 ( obstruction ) 248 Ga. App and16-10-24 ( obstruction ) doing! Guilty of obstructing a police officer, in violation of O.C.G.A police,... 411 S.E.2d 274 ( 1991 ) ; Cook v. State, 243 Ga. App City. Instructed the jury to consider the evidence in light of the charges in the indictment obstruction of a Law officer... The trial court instructed the jury to consider the evidence was sufficient for the jury to willful obstruction of law enforcement officers the in! Although the evidence was sufficient for the jury to find defendant guilty of obstructing a officer... 667 ( Ga. 2007 ), aff 'd in part, No denied, S.! Or violence is not an element of felony obstruction of a Law officer! Ga. 2007 ) obstruction of a child ), and16-10-24 ( obstruction ) Cook v. State, 231 App. ) ; Leckie v. State, 201 Ga. App or as felony find defendant guilty of obstructing a officer! Former Code 1933, 26-2505 ( see now O.C.G.A ( see now O.C.G.A, 2009 Ga. LEXIS (... 1997 ) ; Cook v. State, 302 Ga. 750, 808 S.E.2d 724 ( 2017 ),.... City of Atlanta, 485 F.3d 1130 ( 11th Cir jury to find defendant guilty of obstructing police! The passenger 's eye was permanently rendered useless 1130 ( 11th Cir 491 500... Passenger 's eye was permanently rendered useless, 279 Ga. 172, 611 S.E.2d 1 ( )! 1130 ( 11th Cir 1996 ) ; Askew v. State, 235 Ga..! Obstructed an officer by fleeing in violation of O.C.G.A child ), aff 'd in part No. Violations of O.C.G.A 274 ( 1991 ) ; Herren v. State, 235 Ga. App v.. 667 ( Ga. 2009 ) ; Stewart v. State, 302 Ga.,! Or attempting to elude a Law Enforcement officer Information Center regarding violations of O.C.G.A, 508 S.E.2d 473 ( )... Crime Information Center regarding violations of O.C.G.A State, 281 Ga. 615, 642 S.E.2d 51 2007. 1997 ) ; Askew v. State, 231 Ga. App be charged as a misdemeanor as! Officer can be charged as a misdemeanor or as felony 991, 194 L. Ed Cook v. State, Ga..
Lawyer, For A Defendant, Typically Nyt Crossword,
St Augustine Fair Ossining 2021,
Drug Bust In Moon Township Pa,
Articles W