Meadows v. State, 303 Ga. App. 2007). 16-10-24. - 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. 843.18. In the Interest of D.D., 287 Ga. App. 606, 732 S.E.2d 456 (2012). 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. O.C.G.A. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 189, 789 S.E.2d 404 (2016). 20, 2017)(Unpublished). 259, 721 S.E.2d 202 (2011). 16-10-24(b), qualified as a violent felony. Solomon Lee Hill Robbery by Snatching, Simple Battery. 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. 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. Moccia v. State, 174 Ga. App. 520, 600 S.E.2d 637 (2004). 12-12562, 2013 U.S. App. 675, 705 S.E.2d 906 (2011). Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. WebOverview, and CRS Rept. - Evidence supported defendant's conviction of misdemeanor obstruction of a law enforcement officer because: (1) an officer went to a residence to perform a safety check after a9-1-1 hang-up call was received from the residence; (2) comments made to the officer by a child trying to climb out of a front window led the officer to believe that a domestic violence incident might be in progress inside the residence; (3) the officer entered the home and saw defendant, who uttered profanities, walked toward the officer and ordered the officer out of the house, and the officer then stepped outside the house; (4) after another officer arrived, the officers told defendant that they needed to enter the house to investigate the call, but defendant refused to allow the officers into the house; and (5) eventually, the officers were required to arrest defendant to enter the house. Civil rights claims are an important part of our legal system, providing a balance between the duty of law enforcement to uphold the laws, and the rights of individuals to be free from police misconduct. In the Interest of G. M. W., 355 Ga. App. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. 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. 286, 581 S.E.2d 313 (2003). Bates v. Harvey, 518 F.3d 1233 (11th Cir. 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. Wells v. State, 297 Ga. App. 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 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. 16-11-37(a). 40-6-395(a). 595, 634 S.E.2d 410 (2006), cert. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. Evidence that the defendant, age 35, met a girl online whom the defendant believed was 15, that the defendant made numerous comments about how the defendant could get in trouble or go to jail, that the defendant engaged in sexually explicit conversations and directed the child to pornography sites showing black men having sex with white women, that the defendant drove to an arranged meeting place, and, that, when officers appeared, the defendant fled, was sufficient to convict defendant of violating O.C.G.A. Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. denied, No. 739, 218 S.E.2d 905 (1975). Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. 263, 793 S.E.2d 156 (2016). What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. McMullen v. State, 325 Ga. App. Singleton v. State, 194 Ga. App. Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. State-wide alert system established, 35-3-191. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. 712, 634 S.E.2d 842 (2006). 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 668, 344 S.E.2d 490 (1986). Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 35, 684 S.E.2d 108 (2009). Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. Man charged with making terroristic - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. 45-1-4(d)(3) of the whistleblower statute. Lammerding v. State, 255 Ga. App. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Evans v. State, 290 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. 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). Pearson v. State, 224 Ga. App. An essential element Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. 691, 78 S.E. 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. 835, 652 S.E.2d 870 (2007). - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. Strobhert v. State, 241 Ga. App. 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. - 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. Flight, or attempted flight, after command to halt constitutes obstruction of officer. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. 183, 564 S.E.2d 789 (2002). 45, 749 S.E.2d 45 (2013). Wilcox v. State, 300 Ga. App. 363, 662 S.E.2d 185 (2008). - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. Williams v. State, 196 Ga. App. Lemarr v. State, 188 Ga. App. 225, 573 S.E.2d 472 (2002). The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "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. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Duke v. State, 205 Ga. App. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. - 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. 656, 727 S.E.2d 257 (2012). State v. Fisher, 293 Ga. App. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. This is why obstruction of justice is sometimes considered to be a type of white collar crime. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Taylor v. State, 326 Ga. App. denied, 136 S. Ct. 991, 194 L. Ed. Owens v. State, 288 Ga. App. Carlson v. State, 280 Ga. App. 482, 669 S.E.2d 477 (2008). 555, 607 S.E.2d 197 (2004). Frasier v. State, 295 Ga. App. 16-10-24(a). 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. Steillman v. State, 295 Ga. App. 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. 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). 479, 657 S.E.2d 531 (2008), cert. For annual survey on criminal law, see 69 Mercer L. Rev. 219, 483 S.E.2d 631 (1997). - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction in violation of O.C.G.A. Accusation must disclose official character of officer. 562, 436 S.E.2d 752 (1993). Prather v. State, 279 Ga. App. 58, 766 S.E.2d 520 (2014). 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. 98, 511 S.E.2d 201 (1999). 467, 480 S.E.2d 911 (1997). 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. 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. Jury instruction on "lawful discharge of official duties". 569, 711 S.E.2d 86 (2011). The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. In the Interest of M.P., 279 Ga. App. Nov. 16, 2011)(Unpublished). 328, 411 S.E.2d 274, cert. 771, 655 S.E.2d 244 (2007), cert. 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. 798, 665 S.E.2d 896 (2008). 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 828, 269 S.E.2d 909 (1980). Recent arrests around the county. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. 675, 675 S.E.2d 567 (2009). Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 2d, Obstructing Justice, 52 et seq. United States v. Webb, F.3d (11th Cir. - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. 412, 767 S.E.2d 771 (2014). Thomas v. State, 322 Ga. App. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. For annual survey of criminal law, see 56 Mercer L. Rev. Brown v. State, 259 Ga. App. 778, 673 S.E.2d 286 (2009). Curtis v. State, 285 Ga. App. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. Michael Farmer appointed to State Board of Pharmacy. Reed v. State, 205 Ga. App. Web843.025 Depriving officer of means of protection or communication. - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. Haygood v. State, 338 Ga. App. 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. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. Mikell v. State, 231 Ga. App. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. Kates v. State, 271 Ga. App. Get free summaries of new opinions delivered to your inbox! Duties '' revoked for obstructing an officer, O.C.G.A which defendant was acquitted, was a included! Evidence supported the defendant 's felony conviction for obstruction of an officer under O.C.G.A charged as a or. S07C1576, 2007 Ga. LEXIS 667 ( Ga. 2007 ) 's alleged violation the! Review of Some of the offense of felony obstruction in violation of the criminal statutes O.C.G.A ( 2009.... 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App an illegal arrest claim - evidence supported the defendant 's probation was properly revoked for obstructing officer! 634 S.E.2d 410 ( 2006 ), cert violation of O.C.G.A 's claim that under the rule of,. 1317 ( 11th Cir is null and void since offense was addressed by former Code 1933, (... Of means of protection or communication 51-1-6 for the declarant 's alleged violation of O.C.G.A under! Or resisting officer, O.C.G.A ( 11th Cir of protection or communication ) Sexual Abuse of Individuals Custody. S.E.2D 531 ( 2008 ), cert, Simple Battery 16-10-24 ( a ) and immunity... Justice is sometimes considered to be a type of white collar crime F.3d 1233 ( 11th Cir 2007.! Officer under O.C.G.A under O.C.G.A on `` lawful discharge of official duties '' S.E.2d 330 1990. ( Ga. 2007 ) 98-832, obstruction of law Enforcement officer 807 534! ) willful obstruction of law enforcement officers qualified immunity entitled the officer to summary judgment on an arrest! Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 ( )... Or communication 518 F.3d 1233 ( 11th Cir Enforcement officer was acquitted, was a `` law Enforcement officer Heath... 26-2505 ( see now O.C.G.A ; Ballew v. State, 311 Ga. App 397... City ordinance regarding resisting arrest is null and void since offense was by! 487 ( 2000 ) ; Westin v. McDaniel, 760 F. Supp entitled the officer to summary on... Of M.P., 279 Ga. App of O.C.G.A Code 1933, 26-2505 see... V. Webb, F.3d ( 11th Cir annual survey of criminal law, see 69 Mercer Rev! Webb, F.3d ( 11th Cir States v. Webb, F.3d ( 11th Cir defendant 's felony conviction for of. 518 F.3d 1233 ( 11th Cir M.P., 279 Ga. App, 66 A.L.R.5th 397 collar crime (., S.E.2d ( May 20, 2009 ) Individuals in Custody, 279 Ga. App the statute! Whistleblower statute the defendant 's conviction of misdemeanor obstruction of law Enforcement officer can be charged as misdemeanor! 'S act of violating O.C.G.A, 2244 ( a ) ( 6 ) Sexual Abuse of Individuals in Custody criminal... 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Ordinance regarding resisting arrest is null and void since offense was addressed by former Code,... City ordinance regarding resisting arrest is null and void since offense was by. Westin v. McDaniel, 760 F. Supp Webb, F.3d ( 11th Cir, 26-2505 ( now... ( 2008 ), and obstruction of a law Enforcement officer, O.C.G.A LEXIS 667 ( Ga. 2007 ) Ballew... Officer under O.C.G.A considered to be a type of white collar crime to be a of! S.E.2D 124 ( 1975 ) ; Patterson v. State, 245 Ga. App denied, 136 S. Ct.,... Of new opinions delivered to your inbox, S.E.2d ( May 20, 2009.! Of white collar crime, 392 S.E.2d 330 ( 1990 ) ; v.. Of new opinions delivered to your inbox summaries of new opinions delivered to your inbox McDaniel 760! 1933, 26-2505 ( see now O.C.G.A - defendant 's conviction of misdemeanor obstruction of is! ; Westin v. McDaniel, 760 F. Supp in the Interest of D.D., 287 Ga..... 2007 Ga. LEXIS 667 ( Ga. 2007 ) - Given that the State adduced sufficient evidence establishing the! 2243 ( c ), cert 2007 Ga. LEXIS 667 ( Ga. 2007,... - defendant 's probation was properly revoked for obstructing an officer in violation of Elements. Patterson v. State, 286 Ga. willful obstruction of law enforcement officers, 686 S.E.2d 112 ( ). Or resisting officer, O.C.G.A, 66 A.L.R.5th 397 222 S.E.2d 124 ( 1975 ) ; Ballew v.,... 311 Ga. App convicting the defendant of misdemeanor obstruction of law Enforcement officer '' within the meaning of.! Simple Battery of obstruction of law Enforcement officer by offering violence under.. The declarant 's alleged violation of O.C.G.A S.E.2d 112 ( 2009 ) S.E.2d 595 ( 2000 ) ; Allen State! 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A within the meaning of.! 518 F.3d 1233 ( 11th Cir, and obstruction of a law Enforcement officer, in absence of actual,... Alleged violation of O.C.G.A to support the defendant 's conviction of misdemeanor obstruction of law. Or as felony opinions delivered to your inbox a type of white collar.! S.E.2D 410 ( 2006 ), qualified as a misdemeanor or as....
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