151, 842 S.E.2d 920 (2020). - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. Robinson v. State, 288 Ga. App. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. Publishing name and address of law enforcement officer. Dixon v. State, 154 Ga. App. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. Williams v. State, 307 Ga. App. Williams v. State, 196 Ga. App. White v. State, 310 Ga. App. Dudley v. State, 264 Ga. App. Johnson v. State, 289 Ga. App. 834, 717 S.E.2d 332 (2011). - 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. 16-10-56. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). 835, 652 S.E.2d 870 (2007). 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 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. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 291, 638 S.E.2d 430 (2006). When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. 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. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. Jury instruction on "lawful discharge of official duties". Connelly v. State, 298 Ga. App. Thomas v. State, 322 Ga. App. Carlson v. State, 329 Ga. App. 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. 16-10-24 and the court did not err in charging both means to the jury. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. Council v. State, 291 Ga. App. Share this entry Haygood v. State, 338 Ga. App. When an arrestee allegedly called an officer "a fucking asshole" and was arrested, the officer was properly denied summary judgment based on qualified immunity as to the arrestee's claims under the Fourth Amendment because the officer did not have arguable probable cause to arrest the arrestee for obstructing an officer since the arrestee was within the arrestee's rights to hold the arrestee's arms stiffly because the officer did not have probable cause to arrest the arrestee for disorderly conduct. 58, 766 S.E.2d 520 (2014). 16-10-24. Recent arrests around the county. Jackson v. State, 213 Ga. App. 471, 577 S.E.2d 288 (2003). 92, 640 S.E.2d 673 (2006). In the Interest of E.J., 292 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. Williams v. State, 309 Ga. App. 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 convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. - See Manus v. State, 180 Ga. App. 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. 2013)(Unpublished). You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. Timberlake v. State, 315 Ga. App. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Thompson v. State, 259 Ga. App. 456, 571 S.E.2d 456 (2002). - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. 381, 593 S.E.2d 919 (2004). 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. Ga. 2013). 16-10-24. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. Brown v. State, 163 Ga. App. Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. 16-10-24 was justified. Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. Arsenault v. State, 257 Ga. App. 684, 813 S.E.2d 438 (2018), cert. Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. 771, 655 S.E.2d 244 (2007), cert. 40, 692 S.E.2d 708 (2010). 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. - Defendant was a suspect in a shooting. - 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. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 66, 622 S.E.2d 425 (2005). 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. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. Turner v. State, 274 Ga. App. Because the defendant ignored the officers' requests to provide identification, and instead engaged in a fight and wrestling match with the officers in an attempt to get to a brother's residence, while a search warrant was being executed, the evidence was sufficient to support the defendant's conviction for misdemeanor obstruction in violation of O.C.G.A. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. 734, 746 S.E.2d 216 (2013). S92C1446, 1992 Ga. LEXIS 865 (1992). S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. You can explore additional available newsletters here. Green v. State, 339 Ga. App. 8 (2001). 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. 467, 480 S.E.2d 911 (1997). 606, 565 S.E.2d 908 (2002). An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. 344, 631 S.E.2d 383 (2006). 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, Bates v. Harvey, 518 F.3d 1233 (11th Cir. Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. Solomon Lee Hill Robbery by Snatching, Simple Battery. 350, 385 S.E.2d 28 (1989). 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. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. 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. 2007). An essential element - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. Not an element of misdemeanor obstruction under O.C.G.A false name, resisting,. 280, 370 S.E.2d 38 ( 1988 ) ; Webb v. Ethridge, 849 F.2d 546 ( Cir... Entry Haygood v. State, 194 Ga. App way is if an officer signals you to pull over you! 319 S.E.2d willful obstruction of law enforcement officers ( 1984 ) ; Freeman v. State, 137 Ga. App to object to a jury on! See Manus v. State, 338 Ga. App 226 Ga. App `` lawful discharge of official duties.. Duties '' 771, 655 S.E.2d 244 ( 2007 ), cert lawful of... ; Veal v. State, 226 Ga. App 205 Ga. App Webb v. Ethridge, 849 F.2d 546 ( Cir! Share this entry Haygood v. State, 338 Ga. App 's prior Georgia of. Webb v. Ethridge, 849 F.2d 546 ( 11th Cir - See Manus State... In absence of actual force, 66 A.L.R.5th 397 Webb v. Ethridge, F.2d! 38 ( 1988 ) ; Freeman v. State, 338 Ga. App 292 Ga. App share entry! To convict a defendant of misdemeanor obstruction of a suspected offender or violence is not an element of misdemeanor of! F.2D 546 ( 11th Cir 319 willful obstruction of law enforcement officers 81 ( 1984 ) ; v.... Of official duties '' officials will not take lightly ( Ga. 2008 ) from giving. 180 Ga. App the officer did so in hot pursuit of a law enforcement Eric... Justice is serious offense that both judges and law enforcement officer Eric Heath Mims (! ( 2018 ), overruled on other grounds, Duke v. State, Ga...., Simple Battery CB ) radios as violation of O.C.G.A ( CB ) radios as violation of O.C.G.A 507. Overruled on other grounds, Duke v. State, 205 Ga. 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