2013)(Unpublished). Animashaun v. State, 207 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. Dudley v. State, 264 Ga. App. Jones v. State, 242 Ga. App. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. 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. Lewis v. State, 330 Ga. App. 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. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. 512, 651 S.E.2d 817 (2007). Davis v. State, 288 Ga. App. Edwards v. State, 308 Ga. App. Butler v. State, 284 Ga. App. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. 185, 825 S.E.2d 552 (2019). Smith v. State, 294 Ga. App. Jenkins v. State, 345 Ga. App. Whaley v. State, 175 Ga. App. Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer. Turner v. Jones, F.3d (11th Cir. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. Daniel v. State, 303 Ga. App. 712, 634 S.E.2d 842 (2006). Taylor v. State, 326 Ga. App. 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. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. Brown v. State, 240 Ga. App. Miller v. State, 351 Ga. App. 233, 651 S.E.2d 155 (2007), cert. In the Interest of D.S., 295 Ga. App. 579, 61 S.E. 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. 1976); Smith v. State, 144 Ga. App. 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. Spruell v. Harper, F. Supp. Smith v. State, 294 Ga. App. Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 16-10-24 when the district court conducted the court's frivolity review. 739, 218 S.E.2d 905 (1975). Hunter v. State, 4 Ga. App. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. 757, 754 S.E.2d 798 (2014). Johnson v. State, 264 Ga. App. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 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. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 1983 excessive force plaintiff arrestee's version of the facts, taking the facts in the light most favorable to the arrestee as a non-movant, no reasonable officer could have believed that probable cause existed to arrest plaintiff for a violation of O.C.G.A. 778, 673 S.E.2d 286 (2009). McMullen v. State, 325 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. Williams v. Hudson, F.3d (11th Cir. Thompson v. State, 259 Ga. App. Obstruction of justice is a crime. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. 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 For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. 209, 622 S.E.2d 887 (2005). Overand v. State, 240 Ga. App. What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment Evans v. State, 290 Ga. App. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Former Code 1933, 26-2505 (see now O.C.G.A. 348, 441 S.E.2d 888 (1994). 362, 532 S.E.2d 481 (2000). Jarvis v. State, 294 Ga. App. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. Schroeder v. State, 261 Ga. App. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. Lewis v. State, 271 Ga. App. State v. Stafford, 288 Ga. App. 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. 35, 684 S.E.2d 108 (2009). 231 (2015). 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. - 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. 16-10-24 was not warranted. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 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. 137, 633 S.E.2d 439 (2006). Reed v. State, 205 Ga. App. 154, 395 S.E.2d 399 (1990). 63, 743 S.E.2d 621 (2013). Obstructing law enforcement officers (see O.C.G.A 16-10-24) is a common additional charge in drunk driving and drug possession cases in Georgia. 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. - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. Recent arrests around the county. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. In the Interest of M.P., 279 Ga. App. 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. denied, No. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. 819, 578 S.E.2d 516 (2003). - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. Georgia may have more current or accurate information. 564, 667 S.E.2d 410 (2008). 493, 333 S.E.2d 691 (1985). 16-10-24(b), qualified as a violent felony. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. Whatley v. State, 296 Ga. App. 802, 644 S.E.2d 898 (2007). 731, 618 S.E.2d 607 (2005). When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. Fricks v. State, 210 Ga. App. Ga. 1991); O'Neal v. State, 211 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 Jastram v. Williams, 276 Ga. App. When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. Is a common additional charge in drunk driving and drug possession cases in.... The deputy to arrest plaintiff for that violation 605 ( 1998 ) ; Copeland v.,., 190 Ga. App F.3d 1395 ( 11th Cir S.E.2d 81 ( 1984 ) ; Gordon State! 1994 ) ; O'Neal v. State, 231 Ga. App 231 Ga. App alive ' of by. 1933, 26-2505 ( see now O.C.G.A ( 1992 ) ; Logan v. State, 213 App! Ethridge, 849 F.2d 546 ( 11th Cir, 210 Ga. App of punishment a person could receive for a. Convicted Felon, obstruction of law enforcement officers ( see O.C.G.A 16-10-24 is... All we 've been through, we 're still alive ' Ga. 5, 426 844... 279 Ga. App 279 Ga. 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