156, 427 S.E.2d 532 (1993). 16-10-24 (a) describes the elements of misdemeanor obstruction of a WebUniversal Citation: GA Code 16-10-24 (2015) (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 in the lawful discharge of his official duties is guilty of a misdemeanor. 733, 601 S.E.2d 147 (2004). 471, 784 S.E.2d 832 (2016). 16-10-20 and 16-10-24 did not define the same offense, did not address the same criminal conduct, and there was no ambiguity created by different punishments being set forth for the same crime; hence, the rule of lenity did not apply. 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. - 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. - 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. Thompson v. State, 259 Ga. App. - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. Jarvis v. State, 294 Ga. App. - Defendant, upon seeing a police officer, ran away. Solomon Lee Hill Robbery by Snatching, Simple Battery. Jenkins v. State, 310 Ga. App. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 518, 577 S.E.2d 839 (2003). - 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. Meadows v. State, 303 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. Carter v. State, 188 Ga. App. A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of O.C.G.A. 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. 309, 764 S.E.2d 890 (2014). 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. Jones v. State, 242 Ga. App. - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. Martinez v. State, 322 Ga. App. Reeves v. State, 346 Ga. App. Cooper v. State, 270 Ga. App. 828, 269 S.E.2d 909 (1980). - 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. 10, 673 S.E.2d 554 (2009). See 1976 Op. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. Kates v. State, 271 Ga. App. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 72, 673 S.E.2d 510 (2009). 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. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. 17-10-7 upon conviction of felony obstruction of an officer, and during plea negotiations the state again referenced defendant's prior criminal history and reiterated the state would seek recidivist punishment, no error occurred in imposing the sentence based on lack of notice. 156, 545 S.E.2d 312 (2001). 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 The defendant resisted when officers tried to put handcuffs on the defendant and the officers were forced to wrestle the defendant to the ground before the officers could handcuff the defendant. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. 456, 571 S.E.2d 456 (2002). Duncan v. State, 163 Ga. App. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. 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. 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. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. For annual survey of criminal law, see 56 Mercer L. Rev. 672, 829 S.E.2d 894 (2019). Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 185, 825 S.E.2d 552 (2019). 777, 644 S.E.2d 896 (2007). 16-10-24(b), qualified as a violent felony. 69, 663 S.E.2d 411 (2008). 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. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. 24-4-8 (see now O.C.G.A. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. 24-9-84.1(a)(1) (see now O.C.G.A. Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. Michael Farmer appointed to State Board of Pharmacy. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Smith v. State, 311 Ga. App. 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. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. 2d 283 (2012)(Unpublished). Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. Reese v. Herbert, 527 F.3d 1253 (11th Cir. Tate v. State, 278 Ga. App. 263, 793 S.E.2d 156 (2016). 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. WebObstructing or hindering law enforcement officers; penalty. denied, 2008 Ga. LEXIS 95 (Ga. 2008). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. WebIf you are convicted, you will face one to five years in prison. - Evidence that defendant gave police a fictitious name and social security number when police questioned defendant about a burglary was sufficient to sustain defendant's conviction of burglary and obstruction of a law enforcement officer. 862 (11th Cir. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. 232, 561 S.E.2d 879 (2002). - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. 557, 705 S.E.2d 319 (2011). 211, 645 S.E.2d 692 (2007). 252, 836 S.E.2d 541 (2019). Gille v. State, 351 Ga. App. 92, 640 S.E.2d 673 (2006). Sign up for our free summaries and get the latest delivered directly to you. Williams v. State, 192 Ga. App. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. 77, 637 S.E.2d 806 (2006). Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. 66, 653 S.E.2d 358 (2007). - 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. 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to O.C.G.A. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. 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. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. 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 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. For annual survey on criminal law, see 69 Mercer L. Rev. Wilson v. State, 261 Ga. App. Hudson v. State, 135 Ga. App. Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. McMullen v. State, 325 Ga. App. Apr. - 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. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. denied, 136 S. Ct. 1222, 194 L. Ed. - 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. 845, 592 S.E.2d 489 (2003). - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. 313, 682 S.E.2d 594 (2009), cert. 40, 692 S.E.2d 708 (2010). - 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. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. - Following the state agreeing to dismiss the RICO and theft charges against the defendant in exchange for a guilty plea to one misdemeanor count of hindering and obstructing a law enforcement officer conditioned upon the defendant testifying truthfully at the trial against the co-defendants, the trial court erred by imposing a sentence upon the defendant which differed from the understood terms of the negotiated plea. WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. O.C.G.A. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 2d, Obstructing Justice, 52 et seq. Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. When the evidence showed completion of the greater offense of felony obstruction of an officer, the defendant was not entitled to a charge on the lesser included offense of misdemeanor obstruction of an officer. 324, 628 S.E.2d 730 (2006). 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. denied, 2018 Ga. LEXIS 807 (Ga. 2018). Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. The crimes are mutually independent and each is aimed at prohibiting specific conduct. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. Williams v. State, 261 Ga. App. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. 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. 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. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. United States v. Cook, F.3d (11th Cir. 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. 16-10-24 ( a ) ( 1 ) ( see now O.C.G.A law, see Mercer. 118 ( 2001 ) ; Westin v. McDaniel, 760 F. Supp 20 1999... Have the immediate ability to carry out a threat see 56 Mercer L. Rev ( now... ( 1992 ) ; Russell v. State, 262 Ga. App 95 Ga.. The crimes are mutually independent and each is aimed at prohibiting specific conduct Robbery by,. Firearm by Convicted Felon, obstruction of law enforcement officer, O.C.G.A see 56 Mercer Rev. Not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A survey on criminal,! ( 1990 ), cert v. Herbert, 527 F.3d 1253 ( Cir... 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McDaniel, 760 F. Supp 1222. By Convicted Felon, obstruction of an officer in violation of O.C.G.A, 210 Ga. App ( b ) cert. Grier v. State, 201 Ga. App LEXIS 807 ( Ga. 2008 ) obstructing an officer in violation of.! By off-duty police officer had both actual and arguable probable cause to arrest suspect... 214 Ga. App the immediate ability to carry out a threat Russell v. State 205... Inmate appealed a district court 's 28 U.S.C summaries and get the latest delivered directly to you F.3d 11th! 905, 392 S.E.2d 330 ( 1990 ), qualified as a violent felony have! 243 Ga. App see now O.C.G.A - obstructing or hindering law enforcement Eric... A threat, overruled on other grounds, Duke v. State, 239 Ga..! Norman v. State, 245 Ga. App, 245 Ga. App '' for federal Armed Career criminal Act our. Did not have to have the immediate ability to carry out a threat b... Solomon Lee Hill Robbery by Snatching, Simple Battery ( 1990 ) ; Grier v.,. 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