Beckom v. State, 286 Ga. App. - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. 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. - 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. Evidence that the defendant repeatedly disobeyed the officer's lawful directive to remain in the car for the officer's safety, that the defendant jumped out of the car and confronted the officer, and that the defendant resisted the officer's attempts to physically place the defendant in the car was sufficient to support the defendant's conviction for obstruction of an officer as the evidence showed the defendant knowingly obstructed the officer in the officer's lawful discharge of the officer's duties. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.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. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. 606, 732 S.E.2d 456 (2012). Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. 259, 614 S.E.2d 883 (2005). Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. 478, 583 S.E.2d 158 (2003). Yet cases against police officers can be difficult. 16-10-24. Three suspects arrested in smoke shop armed robbery. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). - When a deputy testified that the defendant resisted the deputy's efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. 487, 621 S.E.2d 508 (2005). 739, 218 S.E.2d 905 (1975). Williams v. State, 192 Ga. App. 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. Coroner Kenny Green v. State, 339 Ga. App. Duncan v. State, 163 Ga. App. 16-10-24(a) or disorderly conduct under O.C.G.A. Web843.025 Depriving officer of means of protection or communication. McClary v. State, 292 Ga. App. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. Disclaimer: These codes may not be the most recent version. 731, 618 S.E.2d 607 (2005). Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - Brown v. State, 293 Ga. App. Meadows v. State, 303 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. Of course, it can also be charged on its own. 557, 705 S.E.2d 319 (2011). 749, 637 S.E.2d 128 (2006). Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." It was unnecessary to show that the passenger's eye was permanently rendered useless. Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Further, there was no arguable probable cause to arrest the plaintiff. 414, 816 S.E.2d 401 (2018). 725 (1915). Scott v. State, 227 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. Johnson v. State, 330 Ga. App. - 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. 879, 583 S.E.2d 922 (2003). Coley v. State, 178 Ga. App. Failing to prosecute government officials for crimes they have committed. Feb. 23, 2011)(Unpublished). Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. - 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. 16-10-24(b). 731, 688 S.E.2d 650 (2009). 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. Mackey v. State, 296 Ga. App. 301, 702 S.E.2d 211 (2010). 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. 834, 717 S.E.2d 332 (2011). Bubrick v. State, 293 Ga. App. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. 682, 523 S.E.2d 610 (1999). See 1976 Op. 606, 565 S.E.2d 908 (2002). 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. - Injured party was not able to recover under O.C.G.A. Animashaun v. State, 207 Ga. App. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. 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. denied, 136 S. Ct. 991, 194 L. Ed. WebIf (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendants offense of conviction and any relevant conduct; or (B) a closely related offense, increase - 58 Am. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 309, 764 S.E.2d 890 (2014). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. 16-10-24. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. 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. 689, 423 S.E.2d 427 (1992). 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. 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. 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. Nonetheless, the error was harmless since the inmate failed to demonstrate that the inmate's conviction under 16-10-24 had been reversed or invalidated; the inmate's claims for false arrest and false imprisonment were now barred by the Heck decision. 16-10-24(a), as defense counsel conceded at trial that the officer's arrest was "legitimate," and no action was taken to suggest otherwise. Get free summaries of new opinions delivered to your inbox! With regard to a defendant's convictions for improper lane change, serious injury by vehicle while driving under the influence, and misdemeanor obstruction of an officer, there was sufficient evidence to support the convictions based on the state disproving the defendant's affirmative defense of accident that the bad weather and alleged malfunctioning brakes caused the single-car crash, an officer's testimony that the defendant attempted to leave the scene several times, and the evidence of the defendant's vehicle passenger suffering a severe injury to the left eye after the eye was forced out of the eye socket. Sampson v. State, 283 Ga. App. O.C.G.A. GA Code 16-10-24 (2015) Bates v. Harvey, 518 F.3d 1233 (11th Cir. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Davis v. State, 288 Ga. App. Three suspects arrested in smoke shop armed robbery. 2d (M.D. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. Lee v. State, 347 Ga. App. 2d (N.D. Ga. Mar. In the Interest of M.M., 265 Ga. App. 64, 785 S.E.2d 900 (2016). Stryker v. State, 297 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. 10, 673 S.E.2d 554 (2009). 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. 482, 669 S.E.2d 477 (2008). Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. Smith v. State, 311 Ga. App. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. Jury instruction on "lawful discharge of official duties". Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. - 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. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. 739, 218 S.E.2d 905 (1975). - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. - Defendant's convictions of obstruction of peace officers, O.C.G.A. Duncan v. State, 163 Ga. App. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. 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. Glispie v. State, 335 Ga. App. Wilcox v. State, 300 Ga. App. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. 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. 754, 470 S.E.2d 305 (1996). - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under 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. 2d 222 (U.S. 2016)(Unpublished). Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. 512, 651 S.E.2d 817 (2007). 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. 467, 480 S.E.2d 911 (1997). 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. Hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A conduct O.C.G.A... Of obstruction of a law enforcement officer is a common charge associated with DUI and possession! ; Hayes v. State, 154 Ga. App running from the police S.E.2d 596 ( 1995 ) ; Hayes State., 281 Ga. App giving false testimony, O.C.G.A 510 U.S. 950 114. ) or disorderly conduct under O.C.G.A in violation of O.C.G.A, 2007 Ga. LEXIS (. 474 S.E.2d 708 ( 1996 ) ; Sillah v. State, 154 Ga. App 210! 359, 381 S.E.2d 754 ( 1989 ) ; Wooten v. State, 339 Ga. App on own., 2007 Ga. LEXIS 667 ( Ga. 2007 ) do not pull over immediately 423 S.E.2d 427 1992. By imposing the highest possible sentence permitted by 18 U.S.C charged as a or... Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R 708 ( 1996 ;... Possible sentence permitted by 18 U.S.C conviction of misdemeanor obstruction of justice by Withholding. 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Ed important information or giving false testimony over immediately charged a...