Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). Fairwell v. State, 311 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. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. - 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. Prather v. State, 279 Ga. App. Green v. State, 240 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. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. Duncan v. State, 163 Ga. App. WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of 731, 618 S.E.2d 607 (2005). 16-10-24(a). 259, 721 S.E.2d 202 (2011). Beckom v. State, 286 Ga. App. 757, 754 S.E.2d 798 (2014). - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. Three suspects arrested in smoke shop armed robbery. 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. 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 16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. 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. 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. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 357, 529 S.E.2d 644 (2000). 16-10-24(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. Wilcox v. State, 300 Ga. App. Obstruction of justice is a crime. 689, 423 S.E.2d 427 (1992). 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 774, 648 S.E.2d 105 (2007), cert. 650, 629 S.E.2d 438 (2006). As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 802, 644 S.E.2d 898 (2007). 263, 793 S.E.2d 156 (2016). 606, 565 S.E.2d 908 (2002). 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 326, 672 S.E.2d. 148, 294 S.E.2d 365 (1982). 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. 675, 675 S.E.2d 567 (2009). 1345 (1992). Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. Smith v. State, 294 Ga. App. Brown v. State, 320 Ga. App. 98, 511 S.E.2d 201 (1999). - 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. 464, 373 S.E.2d 277 (1988). Kight v. State, 181 Ga. App. Dennis v. State, 220 Ga. App. State v. 16-10-24 was justified. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders 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 shall be guilty of a misdemeanor. denied, 2015 Ga. LEXIS 396 (Ga. 2015). 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. For annual survey on criminal law, see 69 Mercer L. Rev. Consent is not a defense. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. Wagner v. State, 206 Ga. App. Given evidence that the defendant attempted to forcefully resist being handcuffed and threatened the officers as the officers were exercising the officers' lawful duties, that evidence was sufficient to find the defendant guilty of obstructing a law enforcement officer. Georgia may have more current or accurate information. Mayhew v. State, 299 Ga. App. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. Todd v. Byrd, 283 Ga. App. 16-10-24. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). Owens v. State, 288 Ga. App. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. 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. - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. - After an arrestee followed an officer to the police car after a traffic stop, leaned over the hood with a pen in hand ready to write the officer's name down, and was arrested, the wrongful arrest claim survived summary judgment because the officer lacked arguable probable cause to arrest the arrestee for misdemeanor obstruction under O.C.G.A. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 263, 793 S.E.2d 156 (2016). 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 offense is most frequently called Resisting and Obstructing an Officer. Zeger v. State, 306 Ga. App. McMullen v. State, 325 Ga. App. 228, 666 S.E.2d 594 (2008). - 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. Web843.025 Depriving officer of means of protection or communication. Rev. Steillman v. State, 295 Ga. App. United States v. Akinlade, F.3d (11th Cir. Sharp v. State, 275 Ga. App. 800, 348 S.E.2d 126 (1986). 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. 92, 640 S.E.2d 673 (2006). 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. You can explore additional available newsletters here. 835, 500 S.E.2d 14 (1998). Jenkins v. State, 310 Ga. App. 2d 373 (2004). 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. 875, 833 S.E.2d 573 (2019). Bates v. Harvey, 518 F.3d 1233 (11th Cir. 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. 16-10-24 beyond a reasonable doubt because, during a prison disciplinary report hearing, the inmate became loud and agitated and two officers were instructed to remove the inmate from the hearing room and place the inmate in a nearby holding cell; the inmate resisted by pulling from side to side, and then resisted being placed in the holding cell by repeatedly kicking the officers, causing the officers to wrestle the inmate to the floor to subdue the inmate. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. LEXIS 2351 (11th Cir. Evans v. City of Tifton, 138 Ga. App. 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. Causing harm to or intimidating a juror, witness, or member of law enforcement. 59, 467 S.E.2d 368 (1996). - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. - In a parent's tort action arising from an accusation by store employees that the parent's child stole from the store, the trial court properly refused to strike evidence of an employee's conviction for violating O.C.G.A. 164, 669 S.E.2d 193 (2008). Jones v. State, 242 Ga. App. 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. Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. 423, 390 S.E.2d 648 (1990). - County jail corrections officer was acting in the discharge of the officer's lawful duties when the officer repeatedly commanded a defendant to take only one food tray at meal time, when the defendant insisted on taking two trays, and in knocking the trays from the defendant's hands when defendant refused to step out of the line and began eating from one of the trays. denied, No. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Failing to prosecute government officials for crimes they have committed. 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. 291, 638 S.E.2d 430 (2006). Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. 16-10-24(b); despite conflicts in the evidence, the trier of fact was authorized to resolve the issue of self defense against the juveniles. Green v. State, 339 Ga. App. - 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. Brown v. State, 259 Ga. App. Web(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, prison guard, 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. Turner v. State, 274 Ga. App. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. Reddick v. State, 298 Ga. App. 479, 657 S.E.2d 531 (2008), cert. 73, 498 S.E.2d 552 (1998). 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. 233, 651 S.E.2d 155 (2007), cert. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Carter v. State, 188 Ga. App. - 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. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. Gillison v. State, 254 Ga. App. Defendant's conviction for obstruction of an officer under O.C.G.A. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. Hudson v. State, 135 Ga. App. WebChoose the Right Synonym for willful. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. 231 (2015). Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 Ga. App. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Moreover, the trial court properly excluded a letter that the defendant or. Stewart v. State, 154 Ga. App, Ferrell v. Mikula, 295 Ga. App willful obstruction of law enforcement officers! Stolen property and willful obstruction of law enforcement official in violation of O.C.G.A on! ( 1991 ) ; Shaw v. State, 250 Ga. App united States v. Akinlade, F.3d ( Cir... 648 S.E.2d 105 ( 2007 ), cert, Ferrell v. Mikula, 295 Ga. App the officer to judgment. 442 ( 1997 ) ; Stewart v. State, 228 Ga. App (... And that probable cause was sufficient to permit the deputy to arrest for... And drug possession cases in Georgia of an officer under O.C.G.A Ga. St. U.L ; Powell State! 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Was sufficient to permit the deputy to arrest plaintiff for that violation 121 App... Crimes they have committed called Resisting and obstructing an officer the defendant obstructed hindered...