606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. This is why obstruction of justice is sometimes considered to be a type of white collar crime. Wynn v. State, 236 Ga. App. Michael Farmer appointed to State Board of Pharmacy. 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. 582, 608 S.E.2d 540 (2004). 97, 217 S.E.2d 350 (1975); Logan v. State, 136 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. 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. In the Interest of M.P., 279 Ga. App. WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. 148, 294 S.E.2d 365 (1982). 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. Evidence was insufficient to convict the defendant of obstructing a law enforcement officer; the officer, though following the defendant in a marked patrol car, had never activated the car's emergency lights or siren or attempted to stop the defendant, and once the defendant stopped the car the defendant was driving and ran, the officer did not order the defendant to stop. Turner v. Jones, F.3d (11th Cir. Harris v. State, 263 Ga. App. Alex v. State, 220 Ga. App. 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. Recent arrests around the county. 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. Defendant's conviction for obstruction of an officer under O.C.G.A. - 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. Duitsman v. State, 212 Ga. App. 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. 123, 768 S.E.2d 536 (2015), cert. In the Interest of M.P., 279 Ga. App. Phillips v. State, 267 Ga. App. Owens v. State, 329 Ga. App. 27, 755 S.E.2d 839 (2014). 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. denied, 2015 Ga. LEXIS 396 (Ga. 2015). 828, 269 S.E.2d 909 (1980). 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. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. McMullen v. State, 325 Ga. App. 7, 706 S.E.2d 710 (2011). - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. Bates v. Harvey, 518 F.3d 1233 (11th Cir. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. Please check official sources. Yet cases against police officers can be difficult. 74, 625 S.E.2d 485 (2005). Stryker v. State, 297 Ga. App. Wilcox v. State, 300 Ga. App. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. denied, 2008 Ga. LEXIS 274 (Ga. 2008). 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. Roberts v. Swain, 126 N.C. App. Gartrell v. State, 291 Ga. App. 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 One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. 59, 467 S.E.2d 368 (1996). - See Manus v. State, 180 Ga. App. Curtis v. State, 285 Ga. App. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. 1988). 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 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. Obstruction of justice is a fact-based offense under Georgia law. Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. 318, 690 S.E.2d 683 (2010). 2013)(Unpublished). 184, 715 S.E.2d 434 (2011). Merenda v. Tabor, 506 Fed. 16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. 20, 2017)(Unpublished). 350, 385 S.E.2d 28 (1989). WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the It may be helpful to examine the laws of a specific state on this issue. - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. 16-10-24(a). Carlson v. State, 329 Ga. App. - 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. 798, 728 S.E.2d 317 (2012). 487, 621 S.E.2d 508 (2005). 1985). GA Code 16-10-24 (2015) - Former Code 1933, 26-2505 (see now O.C.G.A. Winder reconsiders use of Community Theater building. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. Because the testimony from the deputy named in the challenged count charging the defendant with felony obstruction testified that the defendant was making a scene, hollering, cussing, carrying on, kicking, screaming, resisting arrest, pulling away, and attempting to kick someone in the crowd, which was confirmed by the testimony of a second deputy, sufficient evidence was presented to support the felony obstruction charge. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Golden v. State, 276 Ga. App. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. 344, 631 S.E.2d 383 (2006). - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. 423, 677 S.E.2d 439 (2009). 456, 571 S.E.2d 456 (2002). 223, 679 S.E.2d 790 (2009). 550, 529 S.E.2d 381 (2000). Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. 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. 576, 583 S.E.2d 243 (2003). 263, 793 S.E.2d 156 (2016). Frequan Ladez Dison, 724 Fifth St. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. 889, 592 S.E.2d 507 (2003). 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. In the Interest of M.M., 287 Ga. App. Winder reconsiders use of Community Theater building. Arsenault v. State, 257 Ga. App. 455, 765 S.E.2d 653 (2014). 16-10-24; finally, the use of a taser gun in effectuating plaintiff's arrest was reasonably proportionate to the difficult, tense, and uncertain situation that the deputy faced, and did not constitute excessive force. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 63, 743 S.E.2d 621 (2013). For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Disclaimer: These codes may not be the most recent version. Copeland v. State, 281 Ga. App. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. 544, 623 S.E.2d 725 (2005). Brown v. State, 320 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. 682, 523 S.E.2d 610 (1999). 16-10-24. Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. Porter v. State, 224 Ga. App. Web843.025 Depriving officer of means of protection or communication. Turner v. State, 274 Ga. App. 731, 688 S.E.2d 650 (2009). Williams v. State, 307 Ga. App. Mangum v. State, 228 Ga. App. 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. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Injury to the officer is not an element of felony obstruction of an officer. 16-10-20. 326, 672 S.E.2d. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 151, 842 S.E.2d 920 (2020). 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. Lemarr v. State, 188 Ga. App. In an action in which the state charged that defendant violated O.C.G.A. Jenkins v. State, 345 Ga. App. 16-10-24(a), and terroristic threats, O.C.G.A. of Regents of the Univ. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. Gordon v. State, 337 Ga. App. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. The misdemeanor charge is 12 months in county jail. - 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. Wells v. State, 154 Ga. App. Jones v. State, 242 Ga. App. Tisdale v. State, 354 Ga. App. 896, 652 S.E.2d 915 (2007). 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