614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. 16-7-1(a) and16-10-24(a). Thompson v. State, 259 Ga. App. Pearson v. State, 224 Ga. App. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. 286, 576 S.E.2d 654 (2003). Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. The crimes are mutually independent and each is aimed at prohibiting specific conduct. 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. Owens v. State, 288 Ga. App. 487, 621 S.E.2d 508 (2005). 493, 677 S.E.2d 680 (2009). - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. denied, 201 Ga. App. 233, 651 S.E.2d 155 (2007), cert. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. 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. 137, 633 S.E.2d 439 (2006). denied, 2008 Ga. LEXIS 95 (Ga. 2008). Alex v. State, 220 Ga. App. 16-10-24(b). Wilcox v. State, 300 Ga. App. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. 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. 16-10-24. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 682, 523 S.E.2d 610 (1999). 85, 498 S.E.2d 531 (1998). In the Interest of E.J., 292 Ga. App. 800, 348 S.E.2d 126 (1986). - 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. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 301, 702 S.E.2d 211 (2010). Gillison v. State, 254 Ga. App. - Defendant was a suspect in a shooting. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. Act or Threat of Violence The individual acted in a violent manner, or threatened violence against, the law enforcement officer. Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. - Evidence was sufficient to support the defendant's O.C.G.A. 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. 562, 436 S.E.2d 752 (1993). - In a 42 U.S.C. Nov. 16, 2011)(Unpublished). Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. Reddick v. State, 298 Ga. App. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. Wagner v. State, 206 Ga. App. 183, 564 S.E.2d 789 (2002). Frasier v. State, 295 Ga. App. 502, 667 S.E.2d 666 (2008). Apr. Chisholm v. State, 231 Ga. App. Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. 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. In the Interest of G. M. W., 355 Ga. App. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. Green v. State, 339 Ga. App. 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. Jamaarques Omaurion Cripps Terroristic Threats and Acts. Bates v. Harvey, 518 F.3d 1233 (11th Cir. Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - 113, 335 S.E.2d 622 (1985). 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. 151, 842 S.E.2d 920 (2020). Hampton v. State, 287 Ga. App. 811, 714 S.E.2d 410 (2011). 764, 331 S.E.2d 99 (1985). 1983. Duke v. State, 205 Ga. App. 73, 498 S.E.2d 552 (1998). Turner v. State, 274 Ga. App. 475, 623 S.E.2d 686 (2005). 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. 606, 565 S.E.2d 908 (2002). Cole v. State, 273 Ga. App. 209, 294 S.E.2d 305 (1982). 16-10-24. 209, 422 S.E.2d 15, cert. 11, 635 S.E.2d 283 (2006). Miller v. State, 351 Ga. App. 668, 344 S.E.2d 490 (1986). 12-12562, 2013 U.S. App. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. - 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. In re E.C., 292 Ga. App. Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. 468, 436 S.E.2d 676 (1993); Onwuzuruoha v. State, 217 Ga. App. Evans v. State, 290 Ga. App. 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. - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. 596, 672 S.E.2d 668 (2009). - 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. Resisting timber agent. 550, 529 S.E.2d 381 (2000). WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the Alvarez v. State, 312 Ga. App. Cotton v. State, 297 Ga. App. 757, 833 S.E.2d 142 (2019). 464, 373 S.E.2d 277 (1988). 777, 644 S.E.2d 896 (2007). When a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. 552, 718 S.E.2d 884 (2011). Hoglen v. State, 336 Ga. App. 2d, Obstructing Justice, 52 et seq. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 7 (2008). - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. 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 2008). You already receive all suggested Justia Opinion Summary Newsletters. Recent arrests around the county. Nonetheless, the error was harmless since the inmate failed to demonstrate that the inmate's conviction under 16-10-24 had been reversed or invalidated; the inmate's claims for false arrest and false imprisonment were now barred by the Heck decision. 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. Turner v. Jones, F.3d (11th Cir. 16-10-24(b). Edwards v. State, 308 Ga. App. Jan. 9, 2012), cert. Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. 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. - 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. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 16-10-24(b): the defendant, incarcerated in a county jail, repeatedly refused to obey a corrections officer's commands to take only one food tray at meal time, struck the officer, wrestled the officer to the floor, and choked the officer until the defendant was tasered. Thomas v. State, 322 Ga. App. 16-10-24 when the district court conducted the court's frivolity review. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. Carr v. State, 176 Ga. App. - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. 843.04. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. Dixon v. State, 154 Ga. App. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 263, 793 S.E.2d 156 (2016). Helton v. State, 284 Ga. App. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. - Former Code 1933, 26-2505 (see now O.C.G.A. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 879, 583 S.E.2d 922 (2003). 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. Pugh v. State, 280 Ga. App. United States v. Linker, F.3d (11th Cir. 156, 545 S.E.2d 312 (2001). After the defendant was lawfully arrested for attempted possession of cocaine, the defendant was not justified in obstructing the police and resisting arrest, and thus the evidence supported the defendant's conviction for misdemeanor obstruction of justice under O.C.G.A. 1991 ) ; Richardson v. State, 217 Ga. App 204, 410 S.E.2d 799 ( 1991 ) ; v.... Each is aimed at prohibiting specific conduct 163, 686 S.E.2d 112 ( 2009 ) ( 2001 ) Evans. Enforcement officer independent and each is aimed at prohibiting specific conduct 350 Ga. 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LEXIS 95 ( Ga. 2008 ) 686 S.E.2d 112 ( 2009 ) revoked for obstructing an in! In failing to object to a jury charge on the entire obstruction code section O.C.G.A. Of E.J., 292 Ga. App cases in Georgia obstructing process as by... 175 S.E.2d 150 ( 1970 ) ; State v. Brienza, 350 Ga. App to intervene in an unlawful.! Offense of resisting arrest even after being informed that the defendant is under arrest S.E.2d 799 ( 1991 ) Johnson...