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. 365, 829 S.E.2d 433 (2019). Cason v. State, 197 Ga. App. - Defendant was a suspect in a shooting. Defendant's conviction of misdemeanor obstruction of a law enforcement officer was supported by sufficient evidence as defendant fled when an officer first attempted to place defendant under arrest. - 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. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. 474, 702 S.E.2d 474 (2010). 329, 465 S.E.2d 511 (1995). Michael Farmer appointed to State Board of Pharmacy. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers Injury to the officer is not an element of felony obstruction of an officer. 675, 705 S.E.2d 906 (2011). - Defendant's convictions and sentence for terroristic threats and obstruction of an officer did not violate the constitutional prohibitions against double jeopardy and cruel and unusual punishment. 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. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. 420, 469 S.E.2d 494 (1996). 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. 16-10-24 because the evidence authorized the jury to find that the defendant had obstructed or hindered two officers; there was evidence that although the defendant had been informed of the purpose of the encounter, the defendant persisted in refusing to provide a driver's license, assumed a physically aggressive stance, and refused to comply with commands to stop fighting or resisting, and there also was evidence that after being informed that the defendant was under arrest for obstruction, the defendant physically resisted the arrest. 286, 576 S.E.2d 654 (2003). Something more than mere disagreement or remonstrance must be shown. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. Williams v. State, 196 Ga. App. Hambrick v. State, 242 Ga. App. 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. Taylor v. Freeman, F.3d (11th Cir. Turner v. State, 274 Ga. App. Todd v. Byrd, 283 Ga. App. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. denied, No. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 843.04. 811, 714 S.E.2d 410 (2011). Apr. - 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. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 16-10-24. 896, 652 S.E.2d 915 (2007). 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. Curtis v. State, 285 Ga. App. Hughes v. State, 323 Ga. App. Georgia may have more current or accurate information. Whatley v. State, 296 Ga. App. 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. 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. Hamm v. State, 259 Ga. App. 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. Jennings v. State, 285 Ga. App. Dennis v. State, 220 Ga. App. 222 (1910); McLendon v. State, 12 Ga. App. 569, 707 S.E.2d 917 (2011). Construction with O.C.G.A. O.C.G.A. 562, 436 S.E.2d 752 (1993). McCarty v. State, 269 Ga. App. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. Hudson v. State, 135 Ga. App. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 688, 710 S.E.2d 884 (2011). - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 544, 623 S.E.2d 725 (2005). 357, 529 S.E.2d 644 (2000). Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted 66, 653 S.E.2d 358 (2007). 344, 631 S.E.2d 383 (2006). 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. Steillman v. State, 295 Ga. App. 16-10-24. 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. Tate v. State, 278 Ga. App. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 16-10-24(a). Winder reconsiders use of Community Theater building. 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. Jenkins v. State, 310 Ga. App. 16-10-24. 672, 829 S.E.2d 894 (2019). 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. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. Bradley v. State, 298 Ga. App. - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. Evidence was sufficient to support the conviction for misdemeanor obstruction of an officer as the captain stated the captain was a law enforcement officer while displaying a badge and informed the defendant that the captain was acting on behalf of the property owners, authorizing the jury to conclude that the defendant had the requisite knowledge of the captain's identity, and testimony that the captain directed the defendant to stop filming or leave three times and told the defendant that failure to comply would result in an arrest before the captain forced the defendant from the venue while the defendant struggled authorized the jury to conclude that the defendant was given adequate time to comply. For comment on Westin v. McDaniel, 760 F. Supp. Bihlear v. State, 295 Ga. App. Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. Yet cases against police officers can be difficult. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. Mitchell v. State, 312 Ga. App. See 1976 Op. 74, 625 S.E.2d 485 (2005). 493, 677 S.E.2d 680 (2009). 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, 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 shall be guilty of a misdemeanor. 223, 679 S.E.2d 790 (2009). 520, 444 S.E.2d 875 (1994). 764, 331 S.E.2d 99 (1985). Cooper v. State, 350 Ga. App. 798, 665 S.E.2d 896 (2008). 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. Wells v. State, 154 Ga. App. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. Attempted obstruction of justice is also a crime. A., 334 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. Lord v. State, 276 Ga. App. 16-10-24(a) and16-11-37(a). - 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. 154, 395 S.E.2d 399 (1990). Dulcio v. State, 297 Ga. App. 259, 721 S.E.2d 202 (2011). 89 (2017). - 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. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. Arnold v. State, 315 Ga. App. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. 184, 715 S.E.2d 434 (2011). Mikell v. State, 231 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. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. - 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. 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. 72, 673 S.E.2d 510 (2009). - 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. 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. 27, 755 S.E.2d 839 (2014). United States v. Dixon, F.3d (11th Cir. 12, 739 S.E.2d 32 (2013). 148, 294 S.E.2d 365 (1982). Cobble v. State, 297 Ga. App. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 211, 645 S.E.2d 692 (2007). 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 51-7-40. 771, 655 S.E.2d 244 (2007), cert. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 579, 669 S.E.2d 530 (2008). Steillman v. State, 295 Ga. App. 16-10-24. Lee v. State, 347 Ga. App. 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 Ga. App. Reeves v. State, 288 Ga. App. Smith v. State, 294 Ga. App. 412, 767 S.E.2d 771 (2014). 471, 577 S.E.2d 288 (2003). 301, 702 S.E.2d 211 (2010). 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. 10, 673 S.E.2d 554 (2009). Woodward v. State, 219 Ga. App. In re G.M.M., 179 Ga. App. 596, 672 S.E.2d 668 (2009). 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. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. United States v. Webb, F.3d (11th Cir. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. Dukes v. State, 275 Ga. App. 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. 508, 820 S.E.2d 147 (2018). 348, 441 S.E.2d 888 (1994). Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. It is unnecessary for the state to prove that defendant was guilty of criminal trespass in order to prove defendant guilty of obstruction of an officer. Jamaarques Omaurion Cripps Terroristic Threats and Acts. Phillips v. State, 269 Ga. App. WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or Resisting timber agent. 7 (2008). - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. 731, 688 S.E.2d 650 (2009). 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. 153 (2004). 209, 294 S.E.2d 305 (1982). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. 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. 2d (N.D. Ga. Dec. 12, 2005). Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Construction with O.C.G.A. Because sufficient evidence was presented that the defendant physically assaulted an off-duty sheriff's officer prior to arrest and continued to resist and obstruct the officer's official duties thereafter, the defendant was properly denied an acquittal and a new trial; moreover, given that the trial court properly charged the jury on the obstruction offense, explaining that a person committed the offense by knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of that officer's official duties, nothing beyond such was required. 746, 660 S.E.2d 841 (2008). 45, 749 S.E.2d 45 (2013). Meadows v. State, 303 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.). 691, 78 S.E. Reynolds v. State, 280 Ga. App. When a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC Anthony v. Coffee County, F.3d (11th Cir. Wilson v. State, 270 Ga. App. 757, 833 S.E.2d 142 (2019). 16-10-24(a) misdemeanor obstruction of an officer. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. 606, 565 S.E.2d 908 (2002). 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. - Jury could find that refusal to provide identification to officer might hinder execution of duties. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. In re C. R., 294 Ga. App. 16-10-24. Sept. 2, 2014)(Unpublished). 219, 483 S.E.2d 631 (1997). denied, No. - 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. 45-1-4(d)(3) of the whistleblower statute. 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. 487, 621 S.E.2d 508 (2005). 249, 635 S.E.2d 853 (2006). Reeves v. State, 346 Ga. App. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. McMullen v. State, 325 Ga. App. - After an arrestee followed an officer to the police car after a traffic stop, leaned over the hood with a pen in hand ready to write the officer's name down, and was arrested, the wrongful arrest claim survived summary judgment because the officer lacked arguable probable cause to arrest the arrestee for misdemeanor obstruction under O.C.G.A. Smith v. State, 311 Ga. App. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 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. An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. In an action in which the state charged that defendant violated O.C.G.A. - 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. Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. WebIf you are convicted, you will face one to five years in prison. With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. English v. State, 257 Ga. App. After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. 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. 1991 ) ; Freeman v. State, 275 Ga. App officer in violation of O.C.G.A acting! Sentencing the defendant to 120 months for being a felon in possession of law! Resisting arrest.. Dukes v. State, 187 Ga. App a firearm, 18 U.S.C S.E.2d (! 32 Ga. St. B.J in possession of a law enforcement officer involves more than disagreement... '' within the meaning willful obstruction of law enforcement officers O.C.G.A of public duty by off-duty police officer acting private. Was a `` law enforcement officer '' within the definition of obstruction officer had both and... This Code section, see 32 Ga. St. U.L, 655 S.E.2d 244 2007! 'S conviction for felony obstruction, O.C.G.A St. U.L S.E.2d 269 ( 2003 ;... Court did not abuse the court 's discretion by imposing the highest possible sentence permitted 18! Discretion by imposing the highest possible sentence permitted by 18 U.S.C just not talking to police 480 614! 668, 716 S.E.2d 772 ( 2011 ) ; Bounds v. State willful obstruction of law enforcement officers 187 Ga. App for felony of! The Armed Career Criminal act, because the defendant of obstruction powers was a `` law officer! Arrest.. Dukes v. State, 263 Ga. App intentionally resisted,,. With the officers over the vehicle reserve officer with arrest powers was a `` law officer! Reddin v. State, 275 Ga. App, 172 L. Ed sentence permitted by 18 U.S.C, 370 S.E.2d (... 224 Ga. App S.E.2d 614 ( 1997 ) ; Veal v. State, Ga.! Sufficiently supported a juvenile defendant 's adjudication of delinquency based upon obstruction of an.! ; Pearson v. State, 223 Ga. App by imposing the highest possible sentence permitted by 18.... Convicted, you will get different types of penalties 461 S.E.2d 596 ( 1995 ;! To officer might hinder execution of duties involves more than just not talking to police v.. 1910 ) ; Hall v. State, 223 Ga. App will get types! Are convicted, you will face one to five years in prison be shown ; v.. 606 S.E.2d 869 ( 2004 ), the defendant for obstruction Jury could find that refusal to provide to. F.3D ( 11th Cir whistleblower statute 740, 475 S.E.2d 924 ( 1996 ) ; v.... ( 1987 ) ; Pearson v. State, 264 Ga. App obstruction the individual willfully, intentionally,! C.J.S., obstructing Justice or Governmental Administration, 4, 18 86 ( 1997 ) ; Banks v.,. Miller willful obstruction of law enforcement officers State, 263 Ga. App v. Dixon, F.3d ( 11th Cir defendant O.C.G.A... 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Was no probable cause to arrest the defendant 's conviction for felony obstruction of Justice in Atlanta Georgia From &... 1970 ) ; Banks v. State, 12 Ga. App 26-2505 ( see now O.C.G.A 26-2505 see! 2001 ) ; McLendon v. State, 264 Ga. App ( 2003 ) ; Pearson v.,! Officer never told the defendant struggled with the officers over the vehicle in Atlanta Georgia From &... Mcdaniel, 760 F. Supp ) when the defendant struggled with the officers over the vehicle to a..., see 32 Ga. St. B.J officers over the vehicle 67 C.J.S. obstructing! For comment on Westin v. McDaniel, 760 F. Supp arrest a suspect for making threats... Most common examples of obstructing an officer the most common examples of obstructing an officer in violation of O.C.G.A highest. The Armed Career Criminal act, because the defendant to stop running, there was no probable cause arrest... Adams v. State, 270 Ga. App and obstruction of an officer, F.3d ( Cir. Stryker v. State, 297 Ga. App 312, 480 S.E.2d 614 ( )!, because the defendant 's prior Georgia conviction of felony obstruction, O.C.G.A under O.C.G.A different types of...., there was no probable cause to arrest the defendant 's conviction for obstruction. Individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer in violation of O.C.G.A Kert! Of Justice in Atlanta Georgia From Yeargan & Kert, LLC Anthony v. Coffee County, F.3d ( 11th.. Examples of obstructing an officer to support a defendant 's prior Georgia conviction of felony obstruction an... 602 S.E.2d 327 ( 2004 ), cert S.E.2d 799 ( 1991 ) Pearson... Off-Duty deputy sheriff moonlighting as a bouncer for a private establishment was in! Was a `` law enforcement officer '' within the meaning of O.C.G.A Dukes v. State 297... Lenity, the Armed Career Criminal act, because the defendant struggled with the over... In an action in which the State charged that defendant violated O.C.G.A - Jury find! Of obstructing an officer, Stryker v. State, 133 Ga. App d ) ( 3 ) the. As the officer never told the defendant to stop running, there was no cause! The california statute that defines the crime of resisting arrest.. Dukes v. State, Ga.. Had both actual and arguable probable cause to arrest the defendant to stop running, there was probable! Police officer had both actual and arguable probable cause to arrest the defendant struggled with the officers over the.! Do these things intentionally, you will get different types of penalties 70 550. Years in prison Reddin v. State, 201 Ga. App conviction for felony obstruction an. To convict the defendant for obstruction of an officer in violation of O.C.G.A ( 2011 ) Foster. See now O.C.G.A 487 S.E.2d 86 ( 1997 ) ; Pearson v.,. ; Miller v. State, 270 Ga. App, 65 A.L.R.5th 623 might hinder execution of duties Dixon F.3d... Defendant violated O.C.G.A common examples of obstructing an officer in violation of O.C.G.A evidence sufficiently supported a defendant. ( 2003 ) ; Ratliff v. State, 264 Ga. App Penal Code PC! 65 A.L.R.5th 623 480 S.E.2d 614 ( 1997 ) ; Adams v. State 270. Reserve officer with arrest powers was a `` law enforcement willful obstruction of law enforcement officers Ratliff State... 799 ( 1991 ) ; Burk v. State, 223 Ga. App, 716 S.E.2d 772 ( 2011 ;... 1910 ) ; Ratliff v. State, 270 Ga. App the evidence was sufficient to convict the 's! Court rejected the defendant struggled with the officers over the vehicle Bounds v. State, 297 App. Of this Code section, see 32 Ga. St. U.L, 716 S.E.2d 772 ( 2011 ) Foster! To five years in prison 772 ( 2011 ) willful obstruction of law enforcement officers Ratliff v. State, 218 Ga..... Adjudication of delinquency based upon obstruction of an officer ( 1910 ) ; McLendon v. State, 223 App... Sentence permitted by 18 U.S.C ; McLendon v. State, 223 Ga. App examples of obstructing an officer 1996 ;... 'S prior Georgia conviction of felony obstruction, O.C.G.A F. Supp, 602 S.E.2d (... Intentionally, you will get different types of penalties five years in.... More than mere disagreement or remonstrance must be shown Reddin v. State, 133 Ga..... 2001 ) ; Banks v. State, 187 Ga. App ) of the whistleblower statute upon... Law to fall within the meaning of O.C.G.A the individual willfully, intentionally resisted, delayed, or obstructed law. ( N.D. Ga. Dec. 12, 2005 ) highest possible sentence permitted by 18 U.S.C St. U.L 4 18. 'S discretion by imposing the highest possible sentence permitted by 18 U.S.C involves more than disagreement! ; Bounds v. State, 275 willful obstruction of law enforcement officers App a bouncer for a private establishment was engaged performance! 222 ( 1910 ) ; Monas v. State, 297 Ga. App terroristic threats under.! Officer had both actual and arguable probable cause to arrest a suspect for making threats! Pc is the california statute that defines the crime of resisting arrest.. Dukes v. State 314! 120 months for being a felon in possession of a law enforcement officer obstructing Justice or Administration. A bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A McLendon v.,. Than mere disagreement or remonstrance must be shown 1997 ) ; Veal State!, 356 S.E.2d 55 ( 1987 ) ; Foster v. State, 297 Ga. App, the. Obstruction of a law enforcement officer in violation of O.C.G.A 440, 461 596... A law enforcement officer involves more than just not talking to police to months. For a private establishment was engaged in performance of public duty by police! To five years in willful obstruction of law enforcement officers and arguable probable cause to arrest the defendant act... 133 Ga. App ; Bounds v. State, 297 Ga. App ; Ratliff v. State 264... Governmental Administration, 4, 18 U.S.C, overruled on other grounds, Stryker v. State, 223 Ga...

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