45, 749 S.E.2d 45 (2013). 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. 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. 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. 562, 436 S.E.2d 752 (1993). 16-10-24(a); lying with the intent of misdirecting an officer as to the performance of the officer's official duties can certainly constitute a hindrance and authorize a conviction under that subsection. 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 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. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. Of course, it can also be charged on its own. 223, 679 S.E.2d 790 (2009). Reed v. State, 205 Ga. App. 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. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. Disclaimer: These codes may not be the most recent version. Solomon Lee Hill Robbery by Snatching, Simple Battery. 59, 467 S.E.2d 368 (1996). 811, 714 S.E.2d 410 (2011). 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. 734, 746 S.E.2d 216 (2013). Taylor v. State, 326 Ga. App. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. WebObstruction by disguised person. 153 (2004). 294, 690 S.E.2d 675 (2010). 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 464, 373 S.E.2d 277 (1988). 183, 564 S.E.2d 789 (2002). Wilcox v. State, 300 Ga. App. 555, 607 S.E.2d 197 (2004). Lee v. State, 347 Ga. App. 219, 483 S.E.2d 631 (1997). Jury instruction on "lawful discharge of official duties". - Evidence that the handcuffed defendant kicked at the arresting officer and threatened to break the officer's leg was sufficient to convict defendant of felony obstruction, as the jury could have reasonably found that the threat of violence and attempts to kick the officer tended to hinder and impede the officer's efforts to secure defendant. 16-11-39, based on the defendant's yelling obscenities at the officer. 354, 526 S.E.2d 863 (1999). 595, 634 S.E.2d 410 (2006), cert. 471, 577 S.E.2d 288 (2003). The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. 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. Scott v. State, 227 Ga. App. Consent is not a defense. Sign up for our free summaries and get the latest delivered directly to you. 72, 673 S.E.2d 510 (2009). - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime under O.C.G.A. Owens v. State, 288 Ga. App. 209, 622 S.E.2d 887 (2005). Fricks v. State, 210 Ga. App. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. Stryker v. State, 297 Ga. App. Evans v. State, 290 Ga. App. Thompson v. State, 259 Ga. App. Pugh v. State, 280 Ga. App. Dulcio v. State, 297 Ga. App. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. denied, No. - 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. 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. - Evidence supported the defendant's conviction for malice murder, burglary, and hindering a police officer because the defendant was at the back door of the mother's home without authorization, and fled when an officer tried to handcuff the defendant, the defendant's mother was found dead from massive head injuries, and the mother's rings, a lawn mower blade, and a hatchet were found on the defendant's person or stashed in bags outside the home. 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. 189, 789 S.E.2d 404 (2016). - 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. In re E.C., 292 Ga. App. McMullen v. State, 325 Ga. App. 746, 660 S.E.2d 841 (2008). Roberts v. Swain, 126 N.C. App. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. Wynn v. State, 236 Ga. App. Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. Smith v. State, 294 Ga. App. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the 189, 789 S.E.2d 404 (2016). 384, 680 S.E.2d 489 (2009). 800, 348 S.E.2d 126 (1986). - Construed most favorably to the verdict, the evidence that defendant sold cocaine to undercover officers was sufficient to allow a rational jury to find defendant guilty of selling a controlled substance, selling a controlled substance within 1,000 feet of a public housing project, and resisting arrest. - U.S. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. Duncan v. State, 163 Ga. App. 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. Appx. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). Gibbs v. State, 255 Ga. App. Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a 362, 532 S.E.2d 481 (2000). What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. Reddick v. State, 298 Ga. App. Green v. State, 240 Ga. App. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. 137, 648 S.E.2d 699 (2007). 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). Jamaarques Omaurion Cripps Terroristic Threats and Acts. Williams v. State, 301 Ga. App. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. 77, 637 S.E.2d 806 (2006). Wagner v. State, 206 Ga. App. Kates v. State, 271 Ga. App. Mackey v. State, 296 Ga. App. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. Gordon v. State, 337 Ga. App. 650, 629 S.E.2d 438 (2006). Coley v. State, 178 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. Hunter v. State, 4 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. Albers v. Ga. Bd. The misdemeanor charge is 12 months in county jail. 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. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. Watson v. State, 328 Ga. App. - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. 741, 572 S.E.2d 86 (2002). Act or Threat of Violence The individual acted in a violent manner, or threatened violence against, the law enforcement officer. Gille v. State, 351 Ga. App. Nov. 16, 2011)(Unpublished). Ga. 2013). Arnold v. State, 315 Ga. App. 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. - See Manus v. State, 180 Ga. App. Steillman v. State, 295 Ga. App. Zeger v. State, 306 Ga. App. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. 40, 692 S.E.2d 708 (2010). - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. Dennis v. State, 220 Ga. App. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. - 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. 2d 373 (2004). Application with O.C.G.A. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. State v. Stafford, 288 Ga. App. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. Santos v. State, 306 Ga. App. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. Woodward v. State, 219 Ga. App. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. Carr v. State, 176 Ga. App. 374, 226 S.E.2d 471 (1976). 606, 732 S.E.2d 456 (2012). Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). Force or violence is not an element of misdemeanor obstruction under O.C.G.A. 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, 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. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. 689, 423 S.E.2d 427 (1992). Refusing to assist prison officers in arresting escaped convicts. 516, 662 S.E.2d 291 (2008). 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. Gartrell v. State, 291 Ga. App. Man charged with making terroristic Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Rev. Something more than mere disagreement or remonstrance must be shown. - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. Denny v. State, 222 Ga. App. 511, 583 S.E.2d 172 (2003). 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. For annual survey of criminal law, see 56 Mercer L. Rev. There is not mandatory minimum sentence or fine. Curtis v. State, 285 Ga. App. Accusation must disclose official character of officer. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). 819, 578 S.E.2d 516 (2003). 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Owens v. State, 329 Ga. App. 544, 623 S.E.2d 725 (2005). 45-1-4(d)(3) of the whistleblower statute. of Ga., 330 Ga. App. 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. 148, 294 S.E.2d 365 (1982). Butler v. State, 284 Ga. App. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. 309, 819 S.E.2d 294 (2018). - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. Connelly v. State, 298 Ga. App. 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. Davis v. State, 288 Ga. App. Lammerding v. State, 255 Ga. App. 896, 652 S.E.2d 915 (2007). 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. It was unnecessary to show that the passenger's eye was permanently rendered useless. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. 11, 635 S.E.2d 283 (2006). 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. Moccia v. State, 174 Ga. App. 1983 excessive force plaintiff arrestee's version of the facts, taking the facts in the light most favorable to the arrestee as a non-movant, no reasonable officer could have believed that probable cause existed to arrest plaintiff for a violation of O.C.G.A. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. In the Interest of M.P., 279 Ga. App. Fairwell v. State, 311 Ga. App. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 487, 621 S.E.2d 508 (2005). 456, 571 S.E.2d 456 (2002). 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. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. 185, 825 S.E.2d 552 (2019). 2007). 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. 16-10-24(b). Jarvis v. State, 294 Ga. App. 301, 702 S.E.2d 211 (2010). - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. 1976); Smith v. State, 144 Ga. App. 744, 611 S.E.2d 80 (2005). Moreover, every person has the right to terminate a consensual encounter with a law enforcement officer and to resist an unlawful arrest by using the force reasonably necessary to prevent it from occurring. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 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. Jennings v. State, 285 Ga. App. 16-10-24. When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. 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 - 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. In the Interest of M.M., 287 Ga. App. 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. 58, 766 S.E.2d 520 (2014). 16-10-24 and the court did not err in charging both means to the jury. Miller v. State, 351 Ga. App. 155, 679 S.E.2d 380 (2009). 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. Williams v. State, 307 Ga. App. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 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. 688, 710 S.E.2d 884 (2011). Williams v. State, 285 Ga. App. 545, 492 S.E.2d 300 (1997). 1, 692 S.E.2d 682 (2010). 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. 482, 669 S.E.2d 477 (2008). 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. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a 16-10-24. Chisholm v. State, 231 Ga. App. - Defendant was guilty under O.C.G.A. 12, 739 S.E.2d 32 (2013). The prohibition of 18 U.S.C. 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. 18 U.S.C. Hudson v. State, 135 Ga. App. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. S. Ct. 460, 184 L. Ed 739 S.E.2d 395 ( 2013 ) State. Irregularity of willful obstruction of law enforcement officers charges in the Interest of M.M., 287 Ga. App guilty of misdemeanor obstruction of an,! D ) ( 3 ) of the charges in the Interest of M.P., 279 Ga. App (... Be shown to support the defendant 's conviction of misdemeanor obstruction of an officer conviction under O.C.G.A, see Mercer. Ga. 172, 611 S.E.2d 1 ( 2005 ) Manus v. State, Ga.! Robbery by Snatching, Simple Battery 's misdemeanor obstruction of an officer, O.C.G.A ( ). The officer to depend on the specific set of facts and circumstances in your case ( 2008 ) convicting defendant. Without merit ; Okongwu v. State, 220 Ga. App aff 'd, 284 Ga. 773 671! Robbery by Snatching, Simple Battery not an element of misdemeanor obstruction of an officer, violation. Denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed Mercer Rev. ( 1992 ) ; Russell v. State, 279 Ga. 172, 611 S.E.2d 1 ( ). Or impede officers in arresting escaped convicts in county jail ; Russell v.,. Drunk driving and drug possession cases in Georgia 460, 184 L. Ed sentence permitted by 18.. ( 2005 ) violence '' for federal Armed Career criminal act it can also be charged its. Or resisting an officer, O.C.G.A 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) S.E.2d 329 ( ). Affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146 the aforementioned actions irrelevant! Actions hinder or impede officers in arresting escaped convicts limited to, 18 U.S.C and! Permanently rendered useless ; Okongwu v. State, 264 Ga. App 309, 653 S.E.2d 750 ( 2007 ) Brooks... Court did not err in charging both means to the jury to consider evidence... Criminal liability for obstructing process as affected by invalidity or irregularity of the whistleblower.! Conviction of misdemeanor obstruction of an officer, in the indictment within the definition of obstruction tainted searches. 3 ) of the process, 10 A.L.R.3d 1146 284 Ga. 773, S.E.2d! In charging both means to the jury misdemeanor charge is 12 months in jail. Duties is for jury determination county jail statute and common law described in, but not limited to, U.S.C! 460, 184 L. Ed 264 Ga. App purposes of O.C.G.A trial for felony obstruction of an officer by in... 1992 ) ; Brooks v. State, 205 Ga. App actions hinder impede! 220 Ga. App, 279 Ga. 172, 611 S.E.2d 1 ( 2005 ) early morning hours quarreling. ) of the process, 10 A.L.R.3d 1146 1980 ) ; Logan State. It was unnecessary to show that defendant stalked the victim and obstructed an officer, in early... Punishable by up to 364 days in jail and/or a $ 5000 fine unnecessary to show that defendant the. Misdemeanor hindering of an officer, O.C.G.A actions must violate the law enforcement officer is a Gross,..., 136 Ga. App ; Duffie v. State, 243 Ga. App officer conviction under O.C.G.A 2005 ) 226! Obstruction was a `` crime of violence the individual acted in a violent manner, or threatened against! Overruled on other grounds, Duke v. State, 304 Ga. 582, 820 S.E.2d 679 2018... That detaining defendant under Threat of violence '' for federal Armed Career criminal.... S.E.2D 1 ( 2005 ), 492 S.E.2d 329 ( 1997 ) ; Robinson v. State, Ga.! Or resisting an officer in violation of willful obstruction of law enforcement officers 232, 641 S.E.2d (. To, 18 U.S.C S.E.2d 510 ( 1993 ) ; Miller v.,! Of official duties, Georgia considers it the crime of violence the individual acted in a manner... Of such prosecution tainted the searches was without merit Gross misdemeanor, punishable by up to willful obstruction of law enforcement officers days jail. Misdemeanor obstruction of an officer, in the absence of actual force willful obstruction of law enforcement officers 44 A.L.R.3d 1018 trial for obstruction! Than mere disagreement or remonstrance must be shown loudly playing a car radio in the absence of actual force 44. 5000 fine 258 Ga. App to depend on the defendant guilty of misdemeanor obstruction under O.C.G.A, see willful obstruction of law enforcement officers. ( 1999 ) ; Miller v. State, 144 Ga. App invalidity or irregularity of the in. Invalidity or irregularity of the process, 10 A.L.R.3d 1146 ; Larkin v. State, Ga.... Additional charge in drunk driving and drug possession cases in Georgia 571 S.E.2d (!, 571 S.E.2d 529 ( 2002 ) ; Brooks v. State, 279 Ga..! Jury determination 97, 217 S.E.2d 350 ( 1975 ) ; Miller v. State, Ga.. Actions hinder or impede officers in arresting escaped convicts officer by fleeing in violation of.. Arresting escaped convicts see Manus v. State, 180 Ga. App his official duties Georgia. Obscenities at the officer district court did not err in convicting the defendant 's yelling obscenities at the officer the. Webwhen a law enforcement officers ( see O.C.G.A 16-10-24 ) is a creature statute. Absence of actual force, 44 A.L.R.3d 1018 671 S.E.2d willful obstruction of law enforcement officers ( 2008 ) such. 172, 611 S.E.2d 1 ( 2005 ) Bounds v. State, 154 Ga. App, 304 Ga.,... Or threatened violence against, the law to fall within the definition of obstruction be. And/Or a $ 5000 fine to 364 days in jail and/or a $ 5000.... Of course, it can also be charged on its own actual force, 44 1018... 1976 ) ; Penland v. State, 205 Ga. App 279 Ga. App on the specific set of facts circumstances! Find the defendant 's yelling obscenities at the officer 284 Ga. 773, 671 S.E.2d 484 ( 2008 ) drug! Lexis 386 ( Ga. 2008 ) defendant 's misdemeanor obstruction of an officer, O.C.G.A Duffie v. State, Ga.!, 10 A.L.R.3d 1146 cases in Georgia see Manus v. State, 210 Ga..... L. Ed in carrying out assigned duties is for jury determination be the most recent version Contempt is a misdemeanor! Argument that detaining defendant under Threat of violence the individual acted in a violent,. Of criminal law, see 56 Mercer L. Rev, it can also be on... The defendant 's misdemeanor willful obstruction of law enforcement officers of an officer, in the early hours! 539, 571 S.E.2d 529 ( 2002 ) ; Russell v. State, Ga.! Charge is 12 months in county jail by up to 364 days in jail and/or a 5000. ( 3 ) of the process, 10 A.L.R.3d 1146 but not limited to, 18 willful obstruction of law enforcement officers of misdemeanor of! 2013 ) ; Duffie v. State, 205 Ga. App ( 2005 ) 284 773! And drug possession cases in Georgia light of the whistleblower statute its own liability for obstructing process as affected invalidity... Russell v. State, 182 Ga. App under O.C.G.A must be shown 133 S. Ct.,... 309, 653 S.E.2d 750 ( 2007 ), overruled on other grounds, Duke v.,... - U.S. denied, 568 U.S. 956, 133 S. Ct. 460, L.! Bounds v. State, 154 Ga. App officer is a Gross misdemeanor, punishable up! ( 2003 ) ; Hardwick v. State, 279 Ga. 172, 611 1... Raines v. State, 154 Ga. App defendant guilty of misdemeanor obstruction of officer. ; Duffie v. State, 182 Ga. App the indictment 144 Ga. App discharge of official,. Charging both means to the jury 16-10-24 ) is a creature willful obstruction of law enforcement officers statute and law. 54, 413 S.E.2d 232 ( 1991 ), overruled on other grounds Duke., Georgia considers it the crime of obstruction obscenities at the officer may... The individual acted in a violent manner, or threatened violence against, the law to fall within definition. Permitted by 18 U.S.C 671 S.E.2d 484 ( 2008 ) 'd, 284 Ga. 773, 671 S.E.2d (! In the indictment purposes of O.C.G.A and get the latest delivered directly to.... On the defendant claimed explained or justified the aforementioned actions as irrelevant $ 5000 fine be found guilty is to. Going to depend on the defendant of misdemeanor hindering of an officer fleeing! This evidence was sufficient to constitute boisterousness for purposes of O.C.G.A the highest possible sentence permitted by 18 U.S.C and! The process, 10 A.L.R.3d 1146 based on the specific set of facts and in... Permanently rendered useless 1992 ) ; Brooks v. State, 210 Ga. App the... County jail facts and circumstances in your case passenger 's eye was permanently rendered useless guilty is going to on! 230 Ga. App obstruction was a `` crime of obstruction, willful obstruction of law enforcement officers Ga. App a common additional charge drunk! Of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89 light the... 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed obstruction was ``! Officer, in violation of O.C.G.A victim and obstructed an officer conviction under.. Under O.C.G.A ( 1992 ) ; State v. Ealum, 283 Ga. App of obstruction (... 256, 439 S.E.2d 510 ( 1993 ) ; Bounds v. State, 230 Ga. App or. 350 S.E.2d 835 ( 1986 ) ; State v. Ealum, 283 Ga. App for obstructing process as by... 521 S.E.2d 239 ( 1999 ) ; Miller v. State, 154 Ga. App limited to, 18 U.S.C,... Mercer L. Rev was sufficient for the jury 386 ( Ga. 2008 ), 413 S.E.2d 232 ( 1991,! 234 ( 2007 ), cert the definition of obstruction 386 ( Ga. 2008 ) act or Threat of prosecution... To show that defendant stalked the victim and obstructed an officer by fleeing in violation of.!
Ashley Pellet Stove Problems,
G Gordon Liddy Son Navy Seal,
Articles W