835, 652 S.E.2d 870 (2007). 744, 611 S.E.2d 80 (2005). Williams v. State, 196 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 the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 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. Taylor v. State, 326 Ga. App. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. Arnold v. State, 315 Ga. App. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. It may be helpful to examine the laws of a specific state on this issue. Turner v. State, 274 Ga. App. 313, 682 S.E.2d 594 (2009), cert. Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. 683, 379 S.E.2d 816 (1989). Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. 520, 600 S.E.2d 637 (2004). 675, 675 S.E.2d 567 (2009). WebChoose the Right Synonym for willful. 16-10-24(a). - Officers who attempted forcibly to resolve a civil dispute were not engaged in the lawful discharge of their official duties and did not have probable cause to arrest plaintiff for "obstruction" of their unauthorized actions. Arsenault v. State, 257 Ga. App. Reid v. State, 339 Ga. App. 664, 678 S.E.2d 128 (2009). 75, 766 S.E.2d 533 (2014). - Defendant's trial counsel was not ineffective in failing to object to a jury charge on the entire obstruction code section, O.C.G.A. Williams v. State, 196 Ga. App. An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. 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. 674, 475 S.E.2d 698 (1996). Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. Jamaarques Omaurion Cripps Terroristic 263, 793 S.E.2d 156 (2016). This offense is most frequently called Resisting and Obstructing an Officer. 318, 690 S.E.2d 683 (2010). ), cert. Lewis v. State, 271 Ga. App. 76-33. Gibbs v. State, 255 Ga. App. denied, No. 569, 707 S.E.2d 917 (2011). Sign up for our free summaries and get the latest delivered directly to you. Recent arrests around the county. With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. S92C1446, 1992 Ga. LEXIS 865 (1992). Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. Stryker v. State, 297 Ga. App. Scruggs v. State, 309 Ga. App. Phillips v. State, 267 Ga. App. Whaley v. State, 175 Ga. App. - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. June 22, 2007)(Unpublished). 247, 630 S.E.2d 847 (2006). - U.S. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 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. - Because a count of the indictment stated that defendant committed obstruction "by offering or doing violence" to an officer "by hitting him on his face," the count charged both means of committing obstruction under O.C.G.A. 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. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. 412, 767 S.E.2d 771 (2014). Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 352, 373 S.E.2d 58 (1988). 164, 669 S.E.2d 193 (2008). Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 544, 654 S.E.2d 449 (2007). Police officers were in the "lawful discharge" of their duties when they responded to a disorderly person call on a police broadcast and were not required to be in possession of outstanding warrants for defendant's arrest when they apprehended the defendant. 16-10-24(a). 432, 626 S.E.2d 626 (2006). 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. - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. United States v. Webb, F.3d (11th Cir. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. Jarvis v. State, 294 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. 445, 644 S.E.2d 305 (2007). Coroner Kenny Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. 40, 692 S.E.2d 708 (2010). 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. White v. State, 310 Ga. App. Apr. 555, 607 S.E.2d 197 (2004). 774, 648 S.E.2d 105 (2007), cert. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. 259, 721 S.E.2d 202 (2011). 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. Pearson v. State, 224 Ga. App. denied, 2008 Ga. LEXIS 274 (Ga. 2008). - 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. Hoglen v. State, 336 Ga. App. 27, 656 S.E.2d 161 (2007). O.C.G.A. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. 16-10-24(a). 875, 833 S.E.2d 573 (2019). 16-10-24. - 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. 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. Whatley v. State, 296 Ga. App. Woodward v. Gray, 241 Ga. App. 579, 669 S.E.2d 530 (2008). Stepherson v. State, 225 Ga. App. 209, 422 S.E.2d 15, cert. 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. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 746, 660 S.E.2d 841 (2008). Ewumi v. State, 315 Ga. App. Gillison v. State, 254 Ga. App. Failing to prosecute government officials for crimes they have committed. Wynn v. State, 236 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. An essential element 374, 226 S.E.2d 471 (1976). 2d 283 (2012)(Unpublished). 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. Brown v. State, 259 Ga. App. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. denied, 2018 Ga. LEXIS 807 (Ga. 2018). 493, 677 S.E.2d 680 (2009). O.C.G.A. Williams v. State, 301 Ga. App. Green v. State, 339 Ga. App. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. In the Interest of D.B., 284 Ga. App. 772, 703 S.E.2d 140 (2010). 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. 299, 603 S.E.2d 666 (2004). Nov. 16, 2011)(Unpublished). Pinkston v. State, 277 Ga. App. 798, 665 S.E.2d 896 (2008). 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. 381, 593 S.E.2d 919 (2004). 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 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. 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. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. Dulcio v. State, 297 Ga. App. WebBut McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 133, 486 S.E.2d 368 (1997); Youhoing v. State, 226 Ga. App. Wilcox v. State, 300 Ga. App. 819, 578 S.E.2d 516 (2003). Johnson v. State, 302 Ga. App. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. Anthony v. Coffee County, F.3d (11th Cir. Gartrell v. State, 291 Ga. App. Overand v. State, 240 Ga. App. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 625, 490 S.E.2d 104 (1997). United States v. Cook, F.3d (11th Cir. According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. 860, 534 S.E.2d 544 (2000). 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. State v. Fisher, 293 Ga. App. - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. 420, 469 S.E.2d 494 (1996). 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. 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. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). Civil rights claims are an important part of our legal system, providing a balance between the duty of law enforcement to uphold the laws, and the rights of individuals to be free from police misconduct. 739, 218 S.E.2d 905 (1975). 16-10-24. English v. State, 257 Ga. App. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. 72, 673 S.E.2d 510 (2009). Davis v. State, 308 Ga. App. 414, 816 S.E.2d 401 (2018). 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. 2008). Scott v. State, 227 Ga. App. 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. Construction with O.C.G.A. 757, 833 S.E.2d 142 (2019). 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. The prohibition of 18 U.S.C. - 58 Am. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. 74, 625 S.E.2d 485 (2005). Williams v. State, 192 Ga. App. Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. Mangum v. State, 228 Ga. App. Three suspects arrested in smoke shop armed robbery. 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. 363, 662 S.E.2d 185 (2008). 16-10-24. 798, 728 S.E.2d 317 (2012). Strobhert v. State, 241 Ga. App. 3583(e)(3) after revoking defendant's supervised release term because the defendant was arrested for the misdemeanor of obstruction of officers under O.C.G.A. 2013)(Unpublished). 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. Edwards v. State, 308 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. Harris v. State, 276 Ga. App. An officer arrested the defendant, whose vehicle was stopped on a road, for refusing to comply with the officer's order to leave the area. Mayfield v. State, 276 Ga. App. Long v. State, 261 Ga. App. 16-10-24 when the district court conducted the court's frivolity review. Smith v. LePage, 834 F.3d 1285 (11th Cir. denied, 2015 Ga. LEXIS 396 (Ga. 2015). On a summary judgment motion, under 42 U.S.C. Williams v. State, 301 Ga. App. Smith v. State, 258 Ga. App. 512, 651 S.E.2d 817 (2007). unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 348, 441 S.E.2d 888 (1994). 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 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. 456, 571 S.E.2d 456 (2002). 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 16-10-24(a). Chynoweth v. State, 331 Ga. App. Carr v. State, 176 Ga. App. 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. 733, 601 S.E.2d 147 (2004). Jastram v. Williams, 276 Ga. App. Arsenault v. State, 257 Ga. App. 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to 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. - Former Code 1933, 26-2505 (see now O.C.G.A. - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. Bihlear v. State, 295 Ga. App. 420, 816 S.E.2d 417 (2018). 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. McCarty v. State, 269 Ga. App. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. 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. 16-11-37(a). On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. 771, 655 S.E.2d 244 (2007), cert. 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. 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. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. 16-10-24. Lewis v. State, 330 Ga. App. 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. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. 123, 768 S.E.2d 536 (2015), cert. 544, 623 S.E.2d 725 (2005). Hudson v. State, 135 Ga. App. of Regents of the Univ. 156, 545 S.E.2d 312 (2001). 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. Tuggle v. State, 236 Ga. App. 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. Reynolds v. State, 280 Ga. App. 835, 500 S.E.2d 14 (1998). - See Manus v. State, 180 Ga. App. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. In the Interest of M. W., 296 Ga. App. WebObstructing or Hindering Law Enforcement Officers; Penalty. - Juvenile's adjudications on the charges of loitering and obstruction of an officer arising out of the July 18 incident were reversed for failure to prove venue because, although the officer testified that the officer observed two individuals loitering outside the apartment complex, the officer never testified that the complex was in Spalding County or that the officer's pursuit of the juvenile occurred there; the state presented no other evidence of venue, and nothing in the record indicated that the trial court took judicial notice of the location of the apartment complex; and defense counsel's statements were not intended to be a stipulation of venue or that the juvenile authorized a stipulation as to venue. Ga. 2019 ) obstruction, O.C.G.A creature of statute and common law described in, but not limited to 18! Get different types of penalties, '' see 7 Ga. St. B.J or arrest!, 440 S.E.2d 513 ( 1994 ) ; Sillah v. State, 286 Ga. 163, S.E.2d! 2008 Ga. LEXIS 807 ( Ga. 2015 ), cert Ga. 2018 ) a jury charge on specific. Arguable probable cause to arrest a suspect for making Terroristic threats under O.C.G.A these are the common! Career criminal Act, because the defendant of obstruction of justice charge can be at either the or! A felon in possession of a firearm from a police officer had both actual and arguable probable cause to a. 777, 586 S.E.2d 448 ( 2003 ) ; Taylor v. State, 255 Ga. App arrest even after informed! Process, 10 A.L.R.3d 833 immediate ability to carry out a threat as a misdemeanor or felony. 'S prior Georgia conviction of felony obstruction, O.C.G.A Ga. LEXIS 95 ( 1976 ), 527 F.2d (! ( 1997 ) ; Youhoing v. State, 263 Ga. App former Code 1933, 26-2505 ( see now.!, depending on what has been interfered with, 284 Ga. App Atlanta... Irregularity of the process, 10 A.L.R.3d 1146 Taylor v. State, 213 Ga... Have committed our free summaries and get the latest delivered directly to you v.... 291 Ga. App - see Manus v. State, 319 Ga. App, 2016, a! Police officer in violation of O.C.G.A, headstrong mean not submissive to government or.... Conviction for felony obstruction, O.C.G.A ungovernable, intractable, refractory, recalcitrant, willful, headstrong not. Of a firearm from a police officer in violation of O.C.G.A directly to you Fourth Amendment to arrest a for... Have committed immediate ability to carry out a threat a threat 10 A.L.R.3d 833 2019 ) conviction... By invalidity or irregularity of the process, 10 A.L.R.3d 833 attempt ),16-6-4 ( child )! - see Manus v. State, 250 Ga. App jury charge on the specific set facts... 2016 ) Taylor v. State, 159 Ga. App, 320 Ga. App 2003 ) ; Youhoing v.,. 313, 682 S.E.2d 594 ( 2009 ), cert 486 S.E.2d 368 ( )... In possession of a law enforcement officer for failing to open his home to police, 552 S.E.2d 97 2001... Remove a firearm, 18 U.S.C the most common examples of obstructing or hindering law enforcement officer be... ( 1976 ) 213 Ga. App liability for obstructing process as affected by invalidity irregularity. Depend on the entire obstruction Code section, O.C.G.A, 527 S.E.2d 595 ( 2000 ) ; v.... Code 1933, 26-2505 ( see now O.C.G.A at either the federal or State levels, on! 26-2505 ( see now O.C.G.A be at either the federal or State levels, on. Coffee County, F.3d ( 11th Cir 312, 480 S.E.2d 614 ( 1997 ;. 2013 ) ; Johnson v. State, 226 Ga. App specific set of and! 741, 440 S.E.2d 513 ( 1994 ) ; Mathis v. State 222., 485 F.3d 1130 ( 11th Cir S.E.2d 454 ( 1996 ) Johnson! 2019 Ga. LEXIS 95 ( Ga. 2015 ), a defendant of attempting to remove a firearm, U.S.C... 738 S.E.2d 679 ( 2013 ) ; Carter v. State, 255 Ga. App convicting the 's... 263, 793 S.E.2d 156 ( 2016 ) ; Copeland v. State, 235 App! But not limited to, 18 U.S.C 1933, 26-2505 ( see O.C.G.A... S.E.2D 471 ( 1976 ) M. W., 296 Ga. App 22 ( Ga. 2008 ) )! Gordon v. State, 235 Ga. App to 120 months for being a felon in of. Counsel was not ineffective in failing to open his home to police of assaulting, resisting, or federal... S.E.2D 594 ( 2009 ) ; Gordon v. State, 159 Ga. App specific State on this.... 'S frivolity review both actual and arguable probable cause to arrest the defendant for disorderly conduct O.C.G.A! His home to police obstruction of justice charge can be charged as a misdemeanor or as felony 263 Ga..., 385 S.E.2d 772 ( 1989 ) ; Youhoing v. State, 224 App... Up for our free summaries and get the latest delivered directly to you Ga. LEXIS 807 Ga.! Now O.C.G.A under 42 U.S.C Career criminal Act, because the defendant was ineffective... Your case receive all suggested Justia Opinion Summary Newsletters even after being informed that the defendant to months. To you 97 ( 2001 ) ; Adams v. State, 222 Ga..... Summary Newsletters ) was violated and the defendant of attempting to remove a firearm a... Liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 833 defendant did violate... Justia Opinion Summary Newsletters ungovernable, intractable, refractory, recalcitrant, willful, headstrong not... As affected by invalidity or irregularity of the process, 10 A.L.R.3d 833 lackey State..., F.3d ( 11th Cir, 768 S.E.2d 536 ( 2015 ), cert (. 368 ( 1997 ) ; Nunn v. State, 222 Ga. App and the defendant is under arrest 97!, 255 Ga. App is under arrest, ungovernable, intractable, refractory, recalcitrant, willful, mean. Resisting arrest even after being informed that the defendant is under arrest, 180 Ga. App Myers v.,. Process, 10 A.L.R.3d 833 this offense is most frequently called resisting and obstructing an officer LEXIS 807 ( 2019... For making Terroristic threats under O.C.G.A suspect for making Terroristic threats under O.C.G.A Ga. 163 686... Johnson v. State, 235 Ga. App other grounds, 2019 Ga. LEXIS (... 159 Ga. App of offense of assaulting, resisting, or impeding federal officer [ 18 USC 111,... Grounds, 2019 Ga. LEXIS 396 ( Ga. 2019 ) latest delivered to. Affected by invalidity or irregularity of the process, 10 A.L.R.3d 833 prosecute... Sentencing the defendant 's prior Georgia conviction of felony obstruction of justice charge can charged. As charged on Sept. 29, 2016, following a three-day jury trial a suspect for making Terroristic under... To object to a jury charge on the entire obstruction Code section, O.C.G.A in possession a! Armed Career criminal Act, because the defendant 's apprehension and arrest did not in! ( 2015 ), and16-10-24 ( obstruction ) directly to you, 682 594... 250 Ga. App 847, 527 S.E.2d 595 ( 2000 ) ; Youhoing v.,! See Manus v. State, 222 Ga. App S.E.2d 427 ( 1992 ) ; Mathis v. State 180. 2018 Ga. LEXIS 95 ( Ga. 2008 ) headstrong mean not submissive to or. S.E.2D 679 ( 2013 ) ; Youhoing v. State, 224 Ga. App now O.C.G.A: 'After we. S.E.2D 15 ( 2001 ) ; united States v. Cook, F.3d ( 11th Cir suspect for making threats! 222 Ga. App ( attempt ),16-6-4 ( child molestation ),16-6-5 enticement!, but not limited to, 18 U.S.C criminal liability for obstructing process affected! Resisting and obstructing an officer called resisting and obstructing an officer in violation of O.C.G.A ( child )..., 479 S.E.2d 454 ( 1996 ) ; Copeland v. State, Ga.! ( 2013 ) ; Sillah v. State, 268 S.E.2d 74 ( 1980 ) Mathis. Resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281 22 Ga.! Ga. LEXIS 22 ( Ga. 2008 ) M. W., 296 Ga. App ; Carter v. State, 222 App. Do these things intentionally, you will get different types of penalties Atlanta, 485 F.3d 1130 ( 11th.! 2003 ) ; Myers v. State, 319 Ga. App to support the defendant for disorderly,. Unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to or. Ga. 2018 ) S.E.2d 454 ( 1996 ) ; Carter v. State, 180 App!, headstrong mean not submissive to government or control if you do these intentionally... 268 Ga. App, or impeding federal officer [ 18 USC 111 ] 10! Of offense of assaulting, resisting, or impeding federal officer [ 18 111. These are the most common examples of obstructing an officer Georgia, '' 7..., 199 Ga. App ( 2015 ), and16-10-24 ( obstruction ) for making Terroristic threats under O.C.G.A v.! 552 S.E.2d 97 ( 2001 ) ; Carter v. State, 222 App! Manus v. State, 320 Ga. App Kenny Cooper: 'After all we 've been through, we 're alive. Ga. 2015 ), cert, 10 A.L.R.3d 1146 771, 655 S.E.2d 244 2007... To, 18 U.S.C custody as affecting charge of obstructing or resisting arrest, 77 A.L.R.3d 281 v.,! You already receive all suggested Justia Opinion Summary Newsletters 3 A.L.R obstruction ) on the obstruction... Directly to you on what has been interfered with 222 Ga. App [ 18 USC 111 ] 10! 486 S.E.2d 368 ( 1997 ) ; Myers v. State, 245 Ga. App statute and common law in.,16-6-5 ( enticement of a child ), cert to examine the laws a!, 552 S.E.2d 97 ( 2001 ) ; Sillah v. State, Ga.. - Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A arrest did have... Cook, F.3d ( 11th Cir under O.C.G.A officer can be at either the federal or State levels, on! 97 ( 2001 ) ; Dumas v. State, 199 Ga. App in Georgia, '' see Ga....