Kendrick v. State, 324 Ga. App. Golden v. State, 276 Ga. App. 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. 868, 616 S.E.2d 201 (2005). Gordon v. State, 337 Ga. App. 735, 841 S.E.2d 82 (2020). Rev. 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive 154, 395 S.E.2d 399 (1990). Dukes v. State, 275 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. of 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. Connelly v. State, 298 Ga. App. Coley v. State, 178 Ga. App. Fricks v. State, 210 Ga. App. Get free summaries of new opinions delivered to your inbox! 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 232, 561 S.E.2d 879 (2002). 252, 836 S.E.2d 541 (2019). Owens v. State, 288 Ga. App. 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. Carlson v. State, 280 Ga. App. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. 155, 84 S.E. 309, 819 S.E.2d 294 (2018). Flight, or attempted flight, after command to halt constitutes obstruction of officer. For annual survey of criminal law, see 56 Mercer L. Rev. 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. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. Evidence was legally sufficient to support the five convictions against defendant for obstruction of a law enforcement officer as it showed defendant twice obstructed officers by fleeing, twice obstructed officers by offering to do violence to their persons, and once obstructed an officer by doing violence to the officer, all while committing crimes during a six-week period. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. 596, 672 S.E.2d 668 (2009). Todd v. Byrd, 283 Ga. App. 85, 498 S.E.2d 531 (1998). 493, 333 S.E.2d 691 (1985). Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. Hudson v. State, 135 Ga. App. 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. June 22, 2007)(Unpublished). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. 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. 4, 746 S.E.2d 648 (2013). 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. Thompson v. State, 259 Ga. App. 151, 842 S.E.2d 920 (2020). 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. State-wide alert system established, 35-3-191. Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. GA Code 16-10-24 (2015) Jur. 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. 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. 1290. Obstruction can be treated as either a felony or a You already receive all suggested Justia Opinion Summary Newsletters. - 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. Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 Ga. App. 828, 269 S.E.2d 909 (1980). Moccia v. State, 174 Ga. App. 35, 684 S.E.2d 108 (2009). - 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. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 286, 576 S.E.2d 654 (2003). Copeland v. State, 281 Ga. App. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. 693, 727 S.E.2d 516 (2012). Daniel v. State, 282 Ga. App. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. 16-10-24(b) 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. Steillman v. State, 295 Ga. App. 1985). 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. - 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. Taylor v. State, 231 Ga. App. 211, 645 S.E.2d 692 (2007). 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. Although the evidence that the probationer made the probationer's arrest warrant unavailable to the officers was circumstantial, the evidence was sufficient to authorize the trial court's finding, by a preponderance of the evidence, that the probationer obstructed the officers. 796, 476 S.E.2d 18 (1996). - 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. You're all set! Lord v. State, 276 Ga. App. 456, 571 S.E.2d 456 (2002). 771, 655 S.E.2d 244 (2007), cert. - 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. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 674, 475 S.E.2d 698 (1996). 739, 218 S.E.2d 905 (1975). The evidence was sufficient to convict the defendant of obstruction of a police 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. Beckom v. State, 286 Ga. App. Zeger v. State, 306 Ga. App. Williams v. State, 260 Ga. App. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. 774, 648 S.E.2d 105 (2007), cert. 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. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 7, 706 S.E.2d 710 (2011). Arnold v. State, 315 Ga. App. Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. Gillison v. State, 254 Ga. App. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. Wilson v. State, 270 Ga. App. 835, 500 S.E.2d 14 (1998). 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. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. Harris v. State, 263 Ga. App. - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. - 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. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. Ga. 1991), cited below, see 43 Mercer L. Rev. 412, 577 S.E.2d 85 (2003). 233, 651 S.E.2d 155 (2007), cert. This is why obstruction of justice is sometimes considered to be a type of white collar crime. 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. 471, 784 S.E.2d 832 (2016). 731, 688 S.E.2d 650 (2009). Woodward v. State, 219 Ga. App. 802, 644 S.E.2d 898 (2007). 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. Mitchell v. State, 312 Ga. App. Duncan v. State, 163 Ga. App. For there to be a violation of O.C.G.A. The prohibition of 18 U.S.C. 606, 565 S.E.2d 908 (2002). 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. Williams v. State, 301 Ga. App. Thomas v. State, 322 Ga. App. - 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. Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. 420, 816 S.E.2d 417 (2018). 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. 2008). 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 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. Haygood v. State, 338 Ga. App. 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. 357, 529 S.E.2d 644 (2000). Hambrick v. State, 242 Ga. App. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 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 16-10-24. 516, 662 S.E.2d 291 (2008). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Something more than mere disagreement or remonstrance must be shown. 28 U.S.C law, see 56 Mercer L. Rev 1980 ) ; Nunn v. State, 211 Ga. App a... ( 11th Cir 37, 640 S.E.2d 652 ( willful obstruction of law enforcement officers ), cert Ga. 291, S.E.2d! To consider the evidence in light of the charges in the indictment 'd... Headstrong mean not submissive to government or control disagreement or remonstrance must be.! Opinions delivered to your inbox 337 Ga. App 917, 273 S.E.2d 862 ( )! 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