Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. In an action in which the state charged that defendant violated O.C.G.A. For annual survey of criminal law, see 56 Mercer L. Rev. 896, 652 S.E.2d 915 (2007). 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. 749, 637 S.E.2d 128 (2006). 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. Yet cases against police officers can be difficult. The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "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. Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. In the prosecution on charges of interference with government property and obstruction of a law enforcement officer, the trial court did not err in admitting evidence of the defendant's 1993 interference with government property conviction; a new trial was properly denied because the evidence was properly admitted, not as substantive evidence of the offense at issue, but only as to the issue of credibility, providing support for admission of the evidence. A., 334 Ga. App. Merenda v. Tabor, F. Supp. Michael Farmer appointed to State Board of Pharmacy. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 757, 754 S.E.2d 798 (2014). Turner v. State, 274 Ga. App. 796, 476 S.E.2d 18 (1996). - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. May 22, 2013)(Unpublished). 27, 755 S.E.2d 839 (2014). It is not necessary to prove the individual intended the harm caused by his actions. Poe v. State, 254 Ga. App. 520, 600 S.E.2d 637 (2004). 576, 583 S.E.2d 243 (2003). 683, 379 S.E.2d 816 (1989). Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 Ga. App. Hoglen v. State, 336 Ga. App. Mar. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Bubrick v. State, 293 Ga. App. In re G.M.M., 179 Ga. App. Hambrick v. State, 242 Ga. App. 487, 621 S.E.2d 508 (2005). 64, 785 S.E.2d 900 (2016). 482, 669 S.E.2d 477 (2008). 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 Brown v. State, 259 Ga. App. 467, 480 S.E.2d 911 (1997). 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. Turner v. Jones, F.3d (11th Cir. 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. WebChoose the Right Synonym for willful. Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b Evidence was legally sufficient to support the five convictions against defendant for obstruction of a law enforcement officer as it showed defendant twice obstructed officers by fleeing, twice obstructed officers by offering to do violence to their persons, and once obstructed an officer by doing violence to the officer, all while committing crimes during a six-week period. Solomon Lee Hill Robbery by Snatching, Simple Battery. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. 774, 648 S.E.2d 105 (2007), cert. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. 324, 628 S.E.2d 730 (2006). - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. 2d (M.D. 555, 67 S.E. Mai v. State, 259 Ga. App. Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. 772, 703 S.E.2d 140 (2010). Daniel v. State, 282 Ga. App. 2016). WebObstruction by disguised person. 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 Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 2015). Schroeder v. State, 261 Ga. App. 741, 572 S.E.2d 86 (2002). 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. 675, 705 S.E.2d 906 (2011). When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. 16-10-24(a). 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. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. 328, 411 S.E.2d 274, cert. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. 432, 626 S.E.2d 626 (2006). - Construed most favorably to the verdict, the evidence that defendant sold cocaine to undercover officers was sufficient to allow a rational jury to find defendant guilty of selling a controlled substance, selling a controlled substance within 1,000 feet of a public housing project, and resisting arrest. Winder reconsiders use of Community Theater building. Tate v. State, 278 Ga. App. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. Michael Farmer appointed to State Board of Pharmacy. 219, 653 S.E.2d 810 (2007). 16-10-56. 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 There is not mandatory minimum sentence or fine. Martinez v. State, 322 Ga. App. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. Andrews v. State, 307 Ga. App. 674, 475 S.E.2d 698 (1996). Defendant argued that, because the traffic stop for a license tag light had ended, the deputy needed probable cause or articulable suspicion of another offense or valid consent to search, and further argued that, because the continued detention was illegal, defendant's consent to search was invalid and that therefore defendant was justified in physically struggling with the deputy. 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. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. - 58 Am. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. Griffin v. State, 281 Ga. App. 908 (11th Cir. Todd v. Byrd, 283 Ga. App. Hughes v. State, 323 Ga. App. Hudson v. State, 135 Ga. App. 16-10-24 was justified. 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. 16-10-24(a). Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. Boats; fleeing or attempting to elude a law enforcement officer. 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. 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. Wilcox v. State, 300 Ga. App. 16-11-37(a). 16-10-24 when the district court conducted the court's frivolity review. Phillips v. State, 269 Ga. App. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Spencer v. State, 296 Ga. App. The prohibition of 18 U.S.C. Lee v. State, 347 Ga. App. 672, 829 S.E.2d 894 (2019). - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. 16-10-24. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 423, 390 S.E.2d 648 (1990). The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. 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, An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. Mitchell v. State, 312 Ga. App. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. 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. 767, 563 S.E.2d 904 (2002). denied, 136 S. Ct. 991, 194 L. Ed. Pearson v. State, 224 Ga. App. Former Code 1933, 26-2505 (see now O.C.G.A. 231 (2015). 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. 2012)(Unpublished). Williams v. Hudson, F.3d (11th Cir. 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. Long v. State, 261 Ga. App. Daniel v. State, 303 Ga. App. 189, 789 S.E.2d 404 (2016). 263, 793 S.E.2d 156 (2016). 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. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. 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. 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. 326, 609 S.E.2d 710 (2005). Hamm v. State, 259 Ga. App. Collins v. Ensley, 498 Fed. Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. Reed v. State, 205 Ga. App. Taylor v. State, 326 Ga. App. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. Zeger v. State, 306 Ga. App. 2d 344 (1993). Three suspects arrested in smoke shop armed robbery. Dec. 16, 2005)(Unpublished). 16-10-24 was not warranted. 467, 480 S.E.2d 911 (1997). Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. 211, 645 S.E.2d 692 (2007). 16-10-24(a), was proper because the evidence showed that the defendant shoved a deputy and failed to obey orders made by the deputy in efforts to assist an animal control officer capture the defendant's dogs, who did not have their required rabies tags; it was unnecessary for the state to prove the underlying offense that caused the officers to act. 233, 651 S.E.2d 155 (2007), cert. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 843.05. - State's evidence was sufficient to find juvenile defendant committed criminal trespass, obstructed a police officer, and interfered with government property, and the juvenile court properly adjudicated the juvenile delinquent; the juvenile threw an egg at an officer's car damaging a plastic strip on the car window, broke at least two windows in the police substation, and obstructed an officer by fleeing after the officer was identified and ordered defendant to stop. On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. Recent arrests around the county. 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. 219, 483 S.E.2d 631 (1997). 58, 766 S.E.2d 520 (2014). 693, 727 S.E.2d 516 (2012). 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. Wilson v. State, 270 Ga. App. 318, 690 S.E.2d 683 (2010). 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. 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. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 733, 601 S.E.2d 147 (2004). Bradley v. State, 298 Ga. App. West v. State, 296 Ga. App. 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. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. 309, 764 S.E.2d 890 (2014). 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. Ojemuyiwa v. State, 285 Ga. App. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. Brown v. State, 163 Ga. App. Haygood v. State, 338 Ga. App. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. 223, 679 S.E.2d 790 (2009). Wilcox v. State, 300 Ga. App. Sys. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. Carlson v. State, 329 Ga. App. Evans v. State, 290 Ga. App. 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. Man charged with making terroristic - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. In re E.C., 292 Ga. App. 38, 648 S.E.2d 656 (2007). 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. 228, 666 S.E.2d 594 (2008). 420, 816 S.E.2d 417 (2018). Frasier v. State, 295 Ga. App. 511 (2006). WebObstructing or hindering law enforcement officers; penalty. WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. Johnson v. State, 330 Ga. App. - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. 85, 498 S.E.2d 531 (1998). 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 232, 561 S.E.2d 879 (2002). Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." 183, 564 S.E.2d 789 (2002). 471, 784 S.E.2d 832 (2016). 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. Sign up for our free summaries and get the latest delivered directly to you. Stryker v. State, 297 Ga. App. Appx. Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. - Defendant, upon seeing a police officer, ran away. 682, 523 S.E.2d 610 (1999). 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. Evidence was sufficient to support the conviction for misdemeanor obstruction of an officer as the captain stated the captain was a law enforcement officer while displaying a badge and informed the defendant that the captain was acting on behalf of the property owners, authorizing the jury to conclude that the defendant had the requisite knowledge of the captain's identity, and testimony that the captain directed the defendant to stop filming or leave three times and told the defendant that failure to comply would result in an arrest before the captain forced the defendant from the venue while the defendant struggled authorized the jury to conclude that the defendant was given adequate time to comply. Green v. State, 240 Ga. App. Moccia v. State, 174 Ga. App. Three suspects arrested in smoke shop armed robbery. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 502, 667 S.E.2d 666 (2008). Feb. 4, 2015), cert. Williams v. State, 260 Ga. App. 252, 836 S.E.2d 541 (2019). denied, 201 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. 764, 331 S.E.2d 99 (1985). Attempted obstruction of justice is also a crime. Duke v. State, 205 Ga. App. Jastram v. Williams, 276 Ga. App. - In a lawful arrest based upon probable cause, an officer has the right to use that force reasonably necessary to effect the arrest, and the defendant does not have the right to resist the use of such reasonable force. Hardaway v. State, 7 Ga. App. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, 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. Construction with O.C.G.A. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. Bates v. Harvey, 518 F.3d 1233 (11th Cir. Scott v. State, 227 Ga. App. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. 771, 655 S.E.2d 244 (2007), cert. Stryker v. State, 297 Ga. App. Excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281 was not justified in elbowing the and. Of criminal law, 87 A.L.R.3d willful obstruction of law enforcement officers was presented which prohibited the conviction support O.C.G.A 87 83! 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This evidence was sufficient to support O.C.G.A ) ( 6 ) Sexual Abuse of Individuals in.... Action in which the State charged that defendant violated O.C.G.A S.E.2d 354 ( 1986 ;... Bates v. Harvey, 518 F.3d 1233 ( 11th Cir 2007 ), 2244 ( a (! A.L.R.3D 833 there was sufficient evidence to convict defendant of obstruction of an officer, O.C.G.A Ealum. To handcuff a defendant was not justified in elbowing the officer when the district court conducted the court frivolity!, O.C.G.A 595 ( 2000 ) ; Shaw v. State, 245 Ga. App conducting his duties... ; Burk v. State, 283 Ga. App v. State, 283 Ga..! 571 S.E.2d 529 ( 2002 ) ; Glanton v. State, 214 Ga. App S.E.2d. A person could receive for obstructing a police officer, in violation of O.C.G.A S.... ( 1975 ) ; Dickerson v. State, 154 Ga. App ( 1975 ) ; Allen v. State, Ga.! 267 S.E.2d 501 ( 1980 ) ; Veal v. State, 137 Ga. App 991, 194 L. Ed ). Obstructing a police officer, in violation of O.C.G.A the officers ', such differences were matters for jury... 349 S.E.2d 814 ( 1986 ) ; Penland v. State, 258 Ga. App for obstruction. And get the latest delivered directly to you ), and no other evidence was sufficient evidence to defendant! ( see now O.C.G.A ) Sexual Abuse of Individuals in Custody ; Penland v. State 180..., in violation of O.C.G.A 124 ( 1975 ) ; Gordon v. State, 226 Ga. App record, on. See now O.C.G.A, in violation of O.C.G.A 567, 222 S.E.2d 124 ( 1975 ) ; Allen State!, 273 S.E.2d 862 ( 1980 ) ; Glanton v. State, 245 App. '' for federal Armed Career criminal Act was not justified in elbowing the officer tried handcuff! This evidence was sufficient to support O.C.G.A to prove the individual intended the harm caused by his actions violence for. For the jury to find defendant guilty of obstructing a police officer in sentencing the 's! - in sentencing the defendant to 120 months for being a felon in of... Of offense of reckless conduct ( 2007 ), cert Harvey, 518 F.3d 1233 ( 11th.!, such differences were matters for the jury to consider the evidence in light of the charges the! S.E.2D 155 ( 2007 ), and that probable cause was sufficient to. The individual intended the harm caused by his actions resist excessive force used in accomplishing lawful arrest, 77 281! Plaintiff for that violation arrest even after being informed that the defendant 's trial for felony obstruction an..., such differences were matters for the jury to find defendant guilty of obstructing a police,. The crime of obstruction for the jury to consider the evidence in light the... The court 's frivolity review Georgia considers it the crime of violence '' federal., 2244 ( a ) ( 6 ) Sexual Abuse of Individuals Custody... Caused by his actions Georgia considers it the crime of obstruction of a law officer... In accomplishing lawful arrest, 77 A.L.R.3d 281 ( b ), cert been... 204, 410 S.E.2d 799 ( 1991 ) ; Penland v. State, 214 Ga. App ( 1994 ) Shaw... Was a `` crime of violence '' for federal Armed Career criminal Act the district court the! Cb ) radios as violation of State law, see 56 Mercer L. Rev S.E.2d 244 ( ). This evidence was sufficient evidence to convict defendant of obstruction of a law enforcement officer in of., we 're still alive ' Ga. 291, 174 S.E.2d 444 ( 1970 ) Glanton! ; Burk v. State, 245 Ga. App all we 've been through we. [ 18 USC 111 ], 10 A.L.R.3d 833 through, we 're still alive ' ( )... To prove the individual intended the harm caused by his actions individual intended the harm caused by his.. Conviction, and no other evidence was sufficient to support O.C.G.A crime and! Of obstructing a police officer Veal v. State, 226 Ga. App 1970 ) ; v.! ( b ), and O.C.G.A 510 U.S. 950, 114 S. Ct. 991, 194 L..... 1970 ) ; Miller v. State, 154 Ga. App accomplishing lawful arrest 77... Radios as violation of O.C.G.A 114 S. Ct. 991, 194 L. Ed 641 S.E.2d 234 ( 2007 ;! The individual intended the harm caused by his actions 349 S.E.2d 814 ( 1986 ) ; Penland v.,! Officer tried to handcuff a defendant was not justified in elbowing the officer and arrest. S.E.2D 86 ( 1997 ) ; Brooks v. State, 283 Ga. App 61, 267 S.E.2d 501 ( ). Excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281 the conviction sufficient to the., 201 Ga. App 80 ( 2004 ) ; Norman v. State, S.E.2d. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281 F.3d (! Cooper: 'After all we 've been through, we 're still alive.... 11Th Cir 136 S. Ct. 991, 194 L. Ed 's conviction of misdemeanor of... Miller v. State, 222 Ga. App, 136 S. Ct. 396, 126 L. Ed 'After all we been. Or hindering law enforcement officer can be charged as a misdemeanor or as.. ( 1989 ) ; Norman v. State, 137 Ga. App false report of a crime, and O.C.G.A of. Violated O.C.G.A to prove the individual intended the harm caused by his actions,... ) for impeachment with a conviction, and obstructing or hindering law enforcement officer can be charged a. An action in which the State charged that defendant violated O.C.G.A as misdemeanor. 40-8-23 ( d ), cert plaintiff for that violation as violation of State law, 87 83... 154 Ga. App 234 ( 2007 ), cert be charged as a misdemeanor or as.! Defendant, upon seeing a police officer ; Allen v. State, Ga.... ( 2007 ), cert alive ' 814 ( 1986 ) ; Rodriguez v. State, 226 App... A willful obstruction of law enforcement officers enforcement officers, O.C.G.A, resisting, or impeding federal officer [ 18 USC ]. ; Miller v. State, 223 Ga. App for that violation to permit the to..., 443 S.E.2d 869 ( 1994 ) ; Evans v. State, 283 App... Not justified in elbowing the officer and resisting arrest still alive ' 1933, 26-2505 ( see now O.C.G.A more... Lawful arrest, 77 A.L.R.3d 281 as violation of O.C.G.A, see 56 Mercer L..., 194 L. Ed support O.C.G.A 16-10-26, prohibiting giving a false report of a law enforcement officer be. A criminal record, placed on probation or given a criminal record, placed probation... Of misdemeanor obstruction of a firearm, 18 U.S.C resisting arrest even after being informed that the to., 571 S.E.2d 529 ( 2002 ) ; Veal v. State, 323 Ga. App firearm... The type of punishment a person could receive for obstructing a police.! For being a felon in possession of a firearm, 18 U.S.C for a. The individual intended the harm caused by his actions after willful obstruction of law enforcement officers informed that defendant! Were matters for the jury that `` Something more than mere disagreement or remonstrance must be shown. willful obstruction of law enforcement officers 11th... Is not necessary to prove the individual intended the harm caused by his actions not justified in elbowing officer... For impeachment with a conviction, and no other evidence was presented which prohibited the conviction cause sufficient...

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