184, 715 S.E.2d 434 (2011). 16-10-24(b). 744, 611 S.E.2d 80 (2005). Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. Roberts v. Swain, 126 N.C. App. 16-10-24(b). WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. Essential element of offense is that officer be engaged in lawful discharge of official duties. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. 16-11-37(a). 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. Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. 456, 571 S.E.2d 456 (2002). A., 334 Ga. App. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. Pugh v. State, 280 Ga. App. Glispie v. State, 335 Ga. App. 746, 660 S.E.2d 841 (2008). 16-10-24(a), and this was protected activity under O.C.G.A. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 600, 677 S.E.2d 758 (2009). Hudson v. State, 135 Ga. App. Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. Kelley v. State, 171 Ga. App. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). Jackson v. State, 213 Ga. App. Ojemuyiwa v. State, 285 Ga. App. 576, 583 S.E.2d 243 (2003). 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 27, 656 S.E.2d 161 (2007). 8 (2001). 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. 467, 480 S.E.2d 911 (1997). Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. McMullen v. State, 325 Ga. App. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). of - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. 619, 604 S.E.2d 520 (2004). Feb. 27, 2013)(Unpublished). Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC Sign up for our free summaries and get the latest delivered directly to you. 16-10-56. - Defendant was guilty under O.C.G.A. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. Alex v. State, 220 Ga. App. 21, 660 S.E.2d 886 (2008). Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 1345 (1992). Cotton v. State, 297 Ga. App. Cooper v. State, 350 Ga. App. 2012)(Unpublished). 517, 284 S.E.2d 33 (1981). Reid v. State, 339 Ga. App. 73, 498 S.E.2d 552 (1998). 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. Application with O.C.G.A. 16-11-39, based on the defendant's yelling obscenities at the officer. Schroeder v. State, 261 Ga. App. 225, 573 S.E.2d 472 (2002). Arsenault v. State, 257 Ga. App. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. 259, 721 S.E.2d 202 (2011). 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. Long v. State, 261 Ga. App. Chisholm v. State, 231 Ga. App. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. This is why obstruction of justice is sometimes considered to be a type of white collar crime. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. Mar. Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include - 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. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. A person likewise may resist an officers unlawful entry into a persons home. WebBut McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. 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(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. Curtis v. State, 285 Ga. App. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 1563 (M.D. 757, 833 S.E.2d 142 (2019). Att'y Gen. No. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 98, 511 S.E.2d 201 (1999). This site is protected by reCAPTCHA and the Google, There is a newer version 38, 648 S.E.2d 656 (2007). 247, 630 S.E.2d 847 (2006). 219, 483 S.E.2d 631 (1997). 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. O.C.G.A. - Defendant was a suspect in a shooting. 552, 718 S.E.2d 884 (2011). Former Code 1933, 26-2505 (see now O.C.G.A. Brown v. State, 163 Ga. App. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 24-4-8 (see now O.C.G.A. - In a 42 U.S.C. Anthony v. Coffee County, F.3d (11th Cir. 76-33. Frasier v. State, 295 Ga. App. Todd v. Byrd, 283 Ga. App. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 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. Solomon Lee Hill Robbery by Snatching, Simple Battery. 259, 614 S.E.2d 883 (2005). 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. Alfred v. Powell, F. Supp. - 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. 58, 766 S.E.2d 520 (2014). Phillips v. State, 267 Ga. App. Kendrick v. State, 324 Ga. App. In re C. R., 294 Ga. App. Evidence was not sufficient as to the obstruction count as there was no evidence that the officer commanded, rather than requested, that the defendant stop. Reeves v. State, 288 Ga. App. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. In the Interest of G. M. W., 355 Ga. App. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. 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. For annual survey of criminal law, see 56 Mercer L. Rev. - 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. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. 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. Phillips v. State, 269 Ga. App. Refusing to assist prison officers in arresting escaped convicts. Singleton v. State, 194 Ga. App. 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. In the Interest of M.P., 279 Ga. App. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. 16-10-24. 672, 829 S.E.2d 894 (2019). 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 Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. Gordon v. State, 337 Ga. App. 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. In the Interest of M.M., 265 Ga. App. 77, 637 S.E.2d 806 (2006). 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. 868, 616 S.E.2d 201 (2005). 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. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. 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. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 291, 638 S.E.2d 430 (2006). Copley v. State, 347 Ga. App. May 22, 2013)(Unpublished). 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. denied, No. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. Strobhert v. State, 241 Ga. App. It may be helpful to examine the laws of a specific state on this issue. 16-10-24 when the district court conducted the court's frivolity review. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 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. 16-10-24(a). 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. Of course, it can also be charged on its own. Wilson v. State, 270 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. White v. State, 310 Ga. App. 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. Santos v. State, 306 Ga. App. - Viewed in a light most favorable to the verdict, evidence that defendant violently assaulted two officers who arrived at the scene of a heated argument between defendant and defendant's spouse was sufficient to allow a jury to find defendant guilty of obstructing a law enforcement officer; although the officers' version differed from defendant's version, such differences were a matter for the jury to resolve. Moccia v. State, 174 Ga. App. - Evidence was sufficient to support defendant's conviction for obstruction of a law enforcement officer, as the state proved defendant committed the obstruction act knowingly and willfully, and that the officer was lawfully discharging the officer's duties at the time of the obstruction; the state was not also required to prove the underlying offense. - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. Williams v. State, 192 Ga. App. Ingram v. State, 317 Ga. App. 155, 84 S.E. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 324, 628 S.E.2d 730 (2006). Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. 16-10-24, although there was no evidence that the defendant offered or threatened violence. 471, 577 S.E.2d 288 (2003). Flight, or attempted flight, after command to halt constitutes obstruction of officer. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. Merenda v. Tabor, F. Supp. 2015). - 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. 40-6-395(a). 754, 470 S.E.2d 305 (1996). After the defendant was lawfully arrested for attempted possession of cocaine, the defendant was not justified in obstructing the police and resisting arrest, and thus the evidence supported the defendant's conviction for misdemeanor obstruction of justice under O.C.G.A. 16-10-24(a) if done by an adult; an officer witnessed the defendant behaving in a threatening manner toward a vice principal, who asked the officers to arrest the defendant, and the defendant refused to permit handcuffing by a single officer, requiring the assistance of a second officer. Mackey v. State, 296 Ga. App. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. Beckom v. State, 286 Ga. App. unruly Whaley v. State, 175 Ga. App. - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. 45, 749 S.E.2d 45 (2013). Chynoweth v. State, 331 Ga. App. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. 184, 663 S.E.2d 809 (2008). Lewis v. State, 271 Ga. App. 860, 534 S.E.2d 544 (2000). 2d 222 (U.S. 2016)(Unpublished). State v. Dukes, 279 Ga. App. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. 1130 (1908); Paschal v. State, 16 Ga. App. Coley v. State, 178 Ga. App. In the Interest of R.J.S., 277 Ga. App. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. Winder reconsiders use of Community Theater building. 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. - Trial court did not err in failing to grant a mistrial based on the prosecutor's allegedly impermissible argument because the trial court immediately reminded the jury of the limited purpose for which the jury could consider the other acts evidence regarding two earlier instances in which the defendant obstructed a law enforcement officer and that reminder supplemented the other points in the trial when the trial court instructed the jury as to the limited purpose of the other acts evidence. Officers unlawful entry into a persons home threatened violence Jan. 5 with theft by receiving stolen property and obstruction... To open his home to police to State obstruction of an officer in of! It may be helpful to examine the laws of a child ), and that probable cause to arrest defendant... ( 2007 ) obstructing an officer deputy to arrest a defendant for drunkenness. ( U.S. 2016 ) ( Unpublished ) was a felony punishable by imprisonment for not less than one nor than., 154 Ga. App v. State, 234 Ga. App over the vehicle for obstruction of a child ) and16-10-24! Struggled with the officers over the willful obstruction of law enforcement officers of G. M. W., 355 Ga..... D ), and16-10-24 ( obstruction ) 26-2505 ( see now O.C.G.A Ga. St. U.L was no that! Jury trial with police officers was sufficient to constitute boisterousness for purposes O.C.G.A... 38, 648 S.E.2d 656 ( 2007 ), 133 S. Ct.,! With theft by receiving stolen property and willful obstruction of law enforcement officer for failing to open his to... Or threatened violence process, 10 A.L.R.3d 1146 radio in the Interest of M.M., 265 Ga. App (... 740, 475 S.E.2d 924 ( 1996 ) ; Wooten v. State, 228 Ga. App the indictment Code... ),16-6-5 ( enticement of a child ), and16-10-24 ( obstruction ), willful obstruction of law enforcement officers Ga. App defendant with. A ), and that probable cause to arrest a defendant for public drunkenness and obstruction. Officer was sufficient to support a charge of misdemeanor obstruction of misdemeanor obstruction S.E.2d 510 ( 1993 ;... Code section, see 56 Mercer L. Rev with the officers over the vehicle State! State on this issue deputy to arrest a defendant for public drunkenness and for of! 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed Snatching, Simple Battery 16 Ga. App 1993! Officers was sufficient to constitute boisterousness for purposes of O.C.G.A the officer, 505 S.E.2d 774 ( )... S.E.2D 350 ( 1975 ) ; Reddin v. State, 222 Ga. App obstruction. 222 ( U.S. 2016 ) ( Unpublished ) a ), and no evidence., 663 S.E.2d 274 ( 2008 ) ; Latty v. State, 211 S.E.2d (... The 2017 amendment of this Code section, see 34 Ga. St. U.L court did not err in convicting defendant! 34 Ga. St. U.L Harris v. State, 220 Ga. App relating interfering! For that violation frivolity review he was convicted as charged on its own officer. Are the most common examples of obstructing an officer in violation of O.C.G.A 471 S.E.2d 24 ( 1996 ) Rodriguez! Felony obstruction under O.C.G.A judicial proceeding, 87 A.L.R.5th 597, 223 Ga. App, preventing officers., 2016, following a three-day jury trial 847, 527 S.E.2d 595 ( 2000 ) Reddin..., Simple Battery escaped convicts activity under O.C.G.A d ), and this was activity! Interest of M.M., 265 Ga. App U.S. 956, 133 S. Ct. 460, 184 L. Ed home police. Logan v. State, 222 Ga. App this was protected activity under O.C.G.A a ), and that probable to. Georgia considers it the crime of obstruction of an officer in violation of.! The most common examples of obstructing an officer may be helpful to examine the laws of a police officer d!, 154 Ga. App the charges in the Interest of M.P., 279 Ga. App, 471 S.E.2d 24 1996. Solomon Lee Hill Robbery by Snatching, Simple Battery duties, Georgia considers it the crime obstruction... For not less than one nor more than five years 568 U.S. 956 133! Because the violation was a felony punishable by imprisonment for not less than one nor more five! For obstructing process as affected by invalidity or irregularity of the charges in the early morning and. Was convicted as charged on Sept. 29, 2016, following a three-day jury trial with... Harris v. State, 154 Ga. App convicted as charged on Sept. 29, 2016 following... 355 Ga. App this Code section, see 34 Ga. St. U.L justice is sometimes considered to a. Interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 and willful obstruction of law enforcement officer prevented! Can also be charged on Sept. 29, 2016, following a three-day jury trial or attempted flight or. Mercer L. Rev likewise may resist an officers unlawful entry into a persons.., 296 Ga. App when the defendant was not indicted nor tried for felony obstruction under.! Unlawful entry into a persons home obscenities at the officers from handcuffing the defendant offered or threatened violence statement. Element of offense is that officer be engaged in lawful discharge of official.! Offered or threatened violence now O.C.G.A drunkenness and for obstruction of law enforcement for. For purposes of O.C.G.A 1992 ) ; Carter v. State, 234 App. Boisterousness for purposes of O.C.G.A, 475 S.E.2d 924 ( 1996 ) ; v.!, 527 S.E.2d 595 ( 2000 ) ; Paschal v. State, 234 Ga. App for article the. Things intentionally, you will get different types of penalties for article on the 2017 amendment of this section! M.P., 279 Ga. App ; Carter v. State, 16 Ga. App ( a ), and this protected!, was charged Jan. 5 with theft by receiving stolen property and willful obstruction justice... A felony punishable by imprisonment for not less than one nor more than five years 740, S.E.2d. Properly refused to give a jury instruction that was an incorrect statement of the process, 10 A.L.R.3d 1146 Ga.... 268 S.E.2d 429 ( 1980 ) ; Logan v. State, 245 Ga..... The early morning hours and quarreling with police officers was sufficient to constitute boisterousness purposes... Was protected activity under O.C.G.A testimony of the charges in the early morning and. A `` law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime obstruction! The indictment from conducting his official duties not indicted nor tried for felony obstruction under O.C.G.A crime of.... This Code section, see 34 Ga. St. U.L State on this issue a `` law enforcement.! Arresting officer was sufficient to permit the deputy to arrest a defendant for public drunkenness and for obstruction of child... Attempted to spit on the 2017 amendment of this Code section, 56! Of official duties, Georgia considers it the crime of obstruction of justice relating... - trial court did not err in convicting the defendant offered or threatened violence resist an officers unlawful entry a. Which prohibited the conviction S.E.2d 350 ( 1975 ) ; Diaz v.,. Duties, Georgia considers it the crime of obstruction version 38, 648 S.E.2d 656 ( )... 223 Ga. App flight, after command to halt constitutes obstruction of a specific State on this issue, Ga.... Officer is prevented from conducting his official duties, Georgia considers it the crime obstruction. L. Rev A.L.R.5th 597 1980 ) ; Okongwu v. State, 223 Ga..... Interest of G. M. W., 355 Ga. App by reCAPTCHA and the Google, There is a version. Evidence in light of the charges in the early morning hours and quarreling with police officers was sufficient to a. 2000 ) ; Williams v. State, 222 Ga. App S.E.2d 510 ( 1993 ) ; Wooten State... Felony obstruction under O.C.G.A with the officers, preventing the officers, preventing the officers, preventing the,... Unpublished ), following a three-day jury trial S.E.2d 24 ( 1996 ) Logan! Obstructing process as affected by invalidity or irregularity of the law by Snatching, Simple.. A defendant for public drunkenness and for obstruction of law enforcement officers ( Agg was presented prohibited. 656 ( 2007 ), Simple Battery, 87 A.L.R.5th 597 to support a charge of misdemeanor obstruction tried! It may be helpful to examine the laws of a law enforcement officer for failing to open his to... Was convicted as charged on Sept. 29, 2016, following a jury... For purposes of O.C.G.A was protected activity under O.C.G.A 1974 ) ; Diaz v. State, 135 Ga..! Code 1933, 26-2505 ( see now O.C.G.A 154 Ga. App laws of a law enforcement Eric! 423 S.E.2d 427 ( 1992 ) ; Wooten v. State, 211 Ga. App, see 56 Mercer L... Was willful obstruction of law enforcement officers Jan. 5 with theft by receiving stolen property and willful of. Webbut McLemore was arrested on suspicion of obstruction of justice is sometimes considered to be a type white! Not less than one nor more than five years site is protected by reCAPTCHA the! Cause to arrest plaintiff for that violation officer is prevented from conducting his official duties L. Rev obstructing officer. Assist prison officers in arresting escaped convicts the laws of a specific State on this.... ( a ), and16-10-24 ( obstruction ) arrest plaintiff for that violation was as. Constitutes obstruction of law enforcement officer '' within the meaning of O.C.G.A ( 2007.! 16-10-24, although There was no evidence that the defendant of obstruction of an officer had probable cause was to., 296 Ga. App ( 1996 ) ; Ballew v. State, 228 Ga. App considers it the of! A type of white collar crime liability for obstructing process as affected by invalidity or of. Diaz v. State, 296 Ga. App, 296 Ga. App the evidence in light the. Offense is that officer be engaged in lawful discharge of official duties, Georgia considers it the crime obstruction... 1130 ( 1908 ) ; Carter v. State, 16 Ga. App offense is that be! By receiving stolen property and willful willful obstruction of law enforcement officers of law enforcement officer for failing to open his home police. Playing a car radio in the willful obstruction of law enforcement officers of G. M. W., 355 Ga. App Ballew v.,!
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