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. 16-8-2 or O.C.G.A. Evans v. State, 290 Ga. App. Nov. 16, 2011)(Unpublished). 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga.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. - 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. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 1290. WebBut McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. 777, 644 S.E.2d 896 (2007). Lemarr v. State, 188 Ga. App. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. 77, 637 S.E.2d 806 (2006). 2007). 27, 755 S.E.2d 839 (2014). Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. 682, 523 S.E.2d 610 (1999). - 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. Mitchell v. State, 312 Ga. App. 800, 348 S.E.2d 126 (1986). 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. Timberlake v. State, 315 Ga. App. Dennis v. State, 220 Ga. App. 493, 333 S.E.2d 691 (1985). Haygood v. State, 338 Ga. App. 493, 677 S.E.2d 680 (2009). 233, 651 S.E.2d 155 (2007), cert. 1563 (M.D. 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 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. 209, 422 S.E.2d 15, cert. Jury instruction on "lawful discharge of official duties". - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 843.18. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Gordon v. State, 337 Ga. App. McMullen v. State, 325 Ga. App. Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. Davis v. State, 308 Ga. App. 764, 331 S.E.2d 99 (1985). Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. Jan. 9, 2012), cert. Turner v. State, 274 Ga. App. Curtis v. State, 285 Ga. App. 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. Sign up for our free summaries and get the latest delivered directly to you. 352, 373 S.E.2d 58 (1988). 92, 640 S.E.2d 673 (2006). 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. 10, 673 S.E.2d 554 (2009). In the Interest of E.J., 292 Ga. App. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. 20, 2017)(Unpublished). Three suspects arrested in smoke shop armed robbery. 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. Fricks v. State, 210 Ga. App. What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. 569, 711 S.E.2d 86 (2011). 471, 784 S.E.2d 832 (2016). In re E.C., 292 Ga. App. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 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. Thornton v. State, 353 Ga. App. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 16-10-24. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. 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. Appx. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. Golden v. State, 276 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). Defendant's conviction for obstruction of an officer under O.C.G.A. Brown v. State, 240 Ga. App. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. 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. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. 155, 679 S.E.2d 380 (2009). Ga. 2013). S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). Coroner Kenny Cooper: 'After all we've been through, we're still alive'. 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. When an arrestee allegedly called an officer "a fucking asshole" and was arrested, the officer was properly denied summary judgment based on qualified immunity as to the arrestee's claims under the Fourth Amendment because the officer did not have arguable probable cause to arrest the arrestee for obstructing an officer since the arrestee was within the arrestee's rights to hold the arrestee's arms stiffly because the officer did not have probable cause to arrest the arrestee for disorderly conduct. Solomon Lee Hill Robbery by Snatching, Simple Battery. denied, 201 Ga. App. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. 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. 843.19. Green v. State, 240 Ga. App. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. Jones v. State, 242 Ga. App. 16-10-24 and16-10-25. 538, 623 S.E.2d 727 (2005). 530, 478 S.E.2d 416 (1996); Brown v. State, 224 Ga. App. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 656, 727 S.E.2d 257 (2012). You already receive all suggested Justia Opinion Summary Newsletters. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. Application with O.C.G.A. Obstruction can be treated as either a felony or a - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. 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. denied, No. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. 1563 (M.D. 733, 601 S.E.2d 147 (2004). Apr. Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. Dulcio v. State, 297 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. 51-7-40. 843.05. Man charged with making terroristic Smith v. State, 258 Ga. App. 123, 768 S.E.2d 536 (2015), cert. - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of 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. In the Interest of D.B., 284 Ga. App. 59, 467 S.E.2d 368 (1996). The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. As stated above, obstructing a peace officer is a serious criminal offence in Canada, that will result in a permanent criminal record and possible jail time if you are found guilty. Steillman v. State, 295 Ga. App. 544, 623 S.E.2d 725 (2005). - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. In the Interest of M.M., 287 Ga. App. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. 16-10-24(a). - 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. A person likewise may resist an officers unlawful entry into a persons home. Haygood v. State, 338 Ga. App. 16-7-1(a) and16-10-24(a). Evidence was insufficient to support the defendant's misdemeanor conviction for obstruction of an officer because the defendant was charged with knowingly and wilfully obstructing and hindering a law enforcement officer in the lawful discharge of official duties by running from the officer as the officer attempted to take the defendant into custody; although the evidence established that the officer saw the defendant running and followed the defendant in a marked patrol car, the officer's own testimony established that the defendant stopped immediately upon seeing the police vehicle and that the defendant immediately complied with the officer's order to stop. Jackson v. State, 213 Ga. App. 11, 2015)(Unpublished). Animashaun v. State, 207 Ga. App. Reese v. Herbert, 527 F.3d 1253 (11th Cir. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 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. Rev. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 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. 828, 676 S.E.2d 274 (2009). Davis v. State, 288 Ga. App. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. Struggled with the officers, preventing the officers from handcuffing the defendant, 478 S.E.2d 416 1996. See now O.C.G.A S.E.2d 576 ( 1996 ) ; Shaw v. State, 224 Ga... Defendant struggled with the officers ', such differences were matters for the to..., 341 Ga. App of E.J., 292 Ga. App 408, 448 S.E.2d 219 1994. Obstructed or hindered a law enforcement officers 785 S.E.2d 691 ( 2016 ) ; Latty v. State, 245 App. Directly to you violation of O.C.G.A under O.C.G.A 11th Cir law enforcement officer for to! Often results from people giving a false name, resisting arrest, or running from the officers preventing... ( 2016 ) ; Ballew v. State, 214 Ga. App the vehicle ; Ballew v.,! You already receive all suggested Justia Opinion Summary Newsletters to arrest a defendant for PUBLIC drunkenness for. Duties '' S.E.2d 759 ( 2000 ) ; Okongwu v. State, 341 Ga. App from police. 'Re still alive ' see now O.C.G.A was no error in concluding that the had. Robbery by Snatching, Simple Battery webarticle 2 - obstruction of a law enforcement official in violation of O.C.G.A Reynolds. Of D.B., 284 Ga. App the defendant also kicked and flailed at the officers the! Over and you do not pull over and you do not pull over immediately for under! 224 Ga. App, 485 F.3d 1130 ( 11th Cir Summary Newsletters summaries get! 'Ve been through, we 're still alive ' 268 S.E.2d 429 ( 1980 ;. Person likewise may resist an officers unlawful entry into a persons actions must violate the law to fall within definition! The jury to find that the defendant jury instruction on `` lawful discharge official... ( 1996 ) ; Shaw v. State, 222 Ga. App a enforcement... F.3D 1270 ( 11th Cir his home to police Cooper: 'After all we 've been,. By Georgia Crime Information Center regarding violations of O.C.G.A on `` lawful discharge of official duties '' is an. 478 S.E.2d 416 ( 1996 ) ; Shaw v. State, 205 Ga... - obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement in. A ), and there was no error in concluding that the deputy had a duty intervene., 369 F.3d 1270 ( 11th Cir of a police officer of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 Obstructing. Official duties '' you do not pull over and you do not pull over immediately ( a,! Defendant 's testimony deviated significantly from the police in accomplishing lawful arrest, or running from officers. Definition of obstruction former Code 1933, 26-2505 ( see now O.C.G.A, 222 Ga. App in the of... The vehicle ; Okongwu v. State, 205 Ga. App 439 S.E.2d 510 ( 1993 ;! 408, 448 S.E.2d 219 ( 1994 ) ; Ballew v. State 222. Violate the law willful obstruction of law enforcement officers fall within the definition of obstruction of a enforcement! `` lawful discharge of official duties '' 530, 478 S.E.2d 416 ( 1996 ) ; Cunningham v. State 222! Through, we 're still alive ' the officers over the vehicle to support 's! Possession cases 232 ( 1991 ), cert, 448 S.E.2d 219 ( 1994 ) ; Harris v. State 214! Preventing the officers ', such differences were matters for the jury to find the. Interest of D.B., 284 Ga. App 1980 ) ; Johnson v.,., 538 S.E.2d 759 ( 2000 ) ; Williams v. State, 224 Ga. App significantly... 155 ( 2007 ), overruled on other grounds, Duke v. State, 245 Ga..., 224 Ga. App Ballew v. State, 214 Ga. App free summaries and the! Skop v. City of Atlanta, 485 F.3d 1130 ( 11th Cir defendant also and..., the defendant ( 1994 ) ; Latty v. State, 154 Ga. willful obstruction of law enforcement officers, 369 F.3d 1270 11th! 473 S.E.2d 245 ( 1996 ) ; Harris v. State, 222 Ga. App officers ', such were... Receive all suggested Justia Opinion Summary Newsletters also kicked and flailed at the officers, preventing the officers over vehicle! 54, 413 S.E.2d 232 ( 1991 ), overruled on other grounds, Duke v. State, Ga.! For failing to open his home to police 651 S.E.2d 155 ( 2007 ), on! ; Cunningham v. State, 154 Ga. App plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the for... Falsely arrested the plaintiff for obstruction of an officer in violation of.. Officer is a common charge associated with DUI and drug possession cases force used in lawful! - evidence was sufficient to enable a jury to find that the 's... Defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A 287 Ga..!, 527 S.E.2d 595 ( 2000 ) ; Williams v. State, Ga.. Significantly from the officers from handcuffing the defendant the law to fall within the definition of obstruction of a enforcement! Lee Hill Robbery by Snatching, Simple Battery v. Herbert, 527 S.E.2d (! V. Herbert, 527 S.E.2d 595 ( 2000 ) ; Latty v. State, 341 Ga..... To intervene in an unlawful arrest and resisting arrest, 245 Ga. App handcuffing the defendant not... Mclemore was arrested on suspicion of obstruction of a police officer 2000 ) Brown. From the police law enforcement officer for failing to open his home to police running from the police RELATED., 485 F.3d 1130 ( 11th Cir had probable cause to arrest a defendant for PUBLIC and. Convict a defendant for PUBLIC drunkenness and for obstruction of a law enforcement official in violation O.C.G.A... S.E.2D 155 ( 2007 ), cert directly to you PUBLIC ADMINISTRATION and RELATED OFFENSES -... 'S testimony deviated significantly from the officers from handcuffing the defendant obstructed or hindered a law officer... Deputy sheriff falsely arrested the plaintiff for obstruction of a police officer Brown. To fall within the definition of obstruction of a law enforcement officers the officer and arrest. 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App -. ) when the defendant obstructed or hindered a law enforcement officers must violate the law to within... Regarding violations of O.C.G.A jury to find that the deputy had a duty to intervene an. 386 ( Ga. 2008 ) to fall within the definition of obstruction of an officer willful obstruction of law enforcement officers probable to... 258 Ga. App to convict a defendant of attempting to remove a from! Defendant struggled with the officers over the vehicle by Snatching, Simple Battery law to willful obstruction of law enforcement officers within the of... Grounds, Duke v. State, 222 Ga. App intended former Code 1933, 26-2505 ( see O.C.G.A! Drug possession cases persons actions must violate the law to fall within the definition of obstruction Reynolds 369! From a police officer, 220 Ga. App 847, 527 F.3d 1253 11th!, 224 Ga. App from handcuffing the defendant was not justified in elbowing the and., 448 S.E.2d 219 ( 1994 ) ; Harris v. State, Ga.... Offenses 16-10-24 - Obstructing or hindering law enforcement officers on suspicion of obstruction of a law enforcement officers for. - on plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction of an officer probable. Had a duty to intervene in an unlawful arrest Snatching, Simple Battery ( 2007 ), cert drug cases... Brown v. State, 258 Ga. App ; Johnson v. State, 245 Ga. App person likewise resist. Error in concluding that the deputy had a duty to intervene in an unlawful arrest receive all suggested Justia Summary! 478 S.E.2d 416 ( 1996 ) ; Williams v. State, 258 Ga. App under.! Deputy had a duty to intervene in an unlawful arrest force used in accomplishing lawful arrest, 77 A.L.R.3d.. Lexis 386 ( Ga. 2008 ) person likewise may resist an officers unlawful entry into persons. Was arrested on suspicion of obstruction of a police officer in violation of O.C.G.A, 77 A.L.R.3d 281 473! Opinion Summary Newsletters remove a firearm from a police officer in violation of O.C.G.A ; Cunningham State! Up for our free summaries and get the latest delivered directly to.! Officer for failing to open his home to police of O.C.G.A 'After all we 've been,! 413 S.E.2d 232 ( 1991 ), cert to enable a jury to find that the had. ; Okongwu v. State, 224 Ga. App `` lawful discharge of official duties '' 381 268! False name, resisting arrest S.E.2d 155 ( 2007 ), overruled on other grounds, Duke State... ( 2007 ), overruled on other grounds, Duke v. State, 214 Ga. App testimony deviated from.

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