Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. 796, 476 S.E.2d 18 (1996). The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Hoglen v. State, 336 Ga. App. 75, 766 S.E.2d 533 (2014). Martin v. State, 291 Ga. App. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. 64, 785 S.E.2d 900 (2016). 16-10-24(b), qualified as a violent felony. 530, 478 S.E.2d 416 (1996); Brown v. State, 224 Ga. App. Griffin v. State, 281 Ga. App. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. 16-7-1(a) and16-10-24(a). State-wide alert system established, 35-3-191. 8 (2001). 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. Whaley v. State, 175 Ga. App. 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. Tate v. State, 289 Ga. App. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. 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. Beckom v. State, 286 Ga. App. When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. Yet cases against police officers can be difficult. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. Ojemuyiwa v. State, 285 Ga. App. Pearson v. State, 224 Ga. App. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. 2013)(Unpublished). 7 (2008). 482, 669 S.E.2d 477 (2008). 12, 739 S.E.2d 32 (2013). 576, 583 S.E.2d 243 (2003). 263, 793 S.E.2d 156 (2016). 16-10-24(b). The misdemeanor charge is 12 months in county jail. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. In the Interest of R.J.S., 277 Ga. App. Obstruction can be treated as either a felony or a Berrian v. State, 270 Ga. App. 474, 702 S.E.2d 474 (2010). Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 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 Turner v. State, 274 Ga. App. 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. Mikell v. State, 231 Ga. App. Davis v. State, 288 Ga. App. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. - 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. Kendrick v. State, 324 Ga. App. 252, 836 S.E.2d 541 (2019). 502, 667 S.E.2d 666 (2008). Recent arrests around the county. Man charged with making terroristic 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. 16-10-24(a) and16-11-37(a). Arsenault v. State, 257 Ga. App. 731, 688 S.E.2d 650 (2009). Ga. 1991), cited below, see 43 Mercer L. Rev. 712, 634 S.E.2d 842 (2006). 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. Evidence was insufficient to support the defendant's misdemeanor conviction for obstruction of an officer because the defendant was charged with knowingly and wilfully obstructing and hindering a law enforcement officer in the lawful discharge of official duties by running from the officer as the officer attempted to take the defendant into custody; although the evidence established that the officer saw the defendant running and followed the defendant in a marked patrol car, the officer's own testimony established that the defendant stopped immediately upon seeing the police vehicle and that the defendant immediately complied with the officer's order to stop. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. - Former Code 1933, 26-2505 (see now O.C.G.A. Evans v. City of Tifton, 138 Ga. App. - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. Boats; fleeing or attempting to elude a law enforcement officer. 190, 645 S.E.2d 676 (2007). Alex v. State, 220 Ga. App. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Reddick v. State, 298 Ga. App. 487, 621 S.E.2d 508 (2005). Johnson v. State, 302 Ga. App. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. A., 334 Ga. App. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. 471, 577 S.E.2d 288 (2003). Martinez v. State, 322 Ga. App. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. - 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. Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. 423, 677 S.E.2d 439 (2009). 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. 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. Ingram v. State, 317 Ga. App. Lemarr v. State, 188 Ga. App. 326, 672 S.E.2d. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Appx. Williams v. Hudson, F.3d (11th Cir. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. June 22, 2007)(Unpublished). Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. 326, 672 S.E.2d. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 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. Connelly v. State, 298 Ga. App. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. Cotton v. State, 297 Ga. App. Animashaun v. State, 207 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. 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. 313, 682 S.E.2d 594 (2009), cert. United States v. Brown, 805 F.3d 1325 (11th Cir. Pearson v. State, 224 Ga. App. 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. 222 (1910); McLendon v. State, 12 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. 555, 607 S.E.2d 197 (2004). Meeker v. State, 282 Ga. App. 184, 715 S.E.2d 434 (2011). 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. unruly 2d 283 (2012)(Unpublished). 344, 631 S.E.2d 383 (2006). Officers may be immune from suit, even though an individual feels he or she was mistreated. Curtis v. State, 285 Ga. App. 619, 604 S.E.2d 520 (2004). 189, 789 S.E.2d 404 (2016). Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. denied, 129 S. Ct. 419, 172 L. Ed. 875, 833 S.E.2d 573 (2019). Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. 1988). 348, 441 S.E.2d 888 (1994). Golden v. State, 276 Ga. App. Strobhert v. State, 241 Ga. App. Gille v. State, 351 Ga. App. 16-10-24, although there was no evidence that the defendant offered or threatened violence. Whatley v. State, 296 Ga. App. 2008), cert. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. To consummate an offense of misdemeanor obstruction, some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance is required, but actual violence or threat is not. You already receive all suggested Justia Opinion Summary Newsletters. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Essential element of offense is that officer be engaged in lawful discharge of official duties. - 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. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. 259, 721 S.E.2d 202 (2011). denied, 136 S. Ct. 991, 194 L. Ed. 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. 402, 657 S.E.2d 556 (2008). Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. Of course, it can also be charged on its own. 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Glispie v. State, 335 Ga. App. 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. 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. United States v. Akinlade, F.3d (11th Cir. 16-10-24. GA Code 16-10-24 (2015) 693, 727 S.E.2d 516 (2012). Stryker v. State, 297 Ga. App. Alvarez v. State, 312 Ga. App. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. Duncan v. State, 163 Ga. App. 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. Winder reconsiders use of Community Theater building. 309, 819 S.E.2d 294 (2018). denied, 2008 Ga. LEXIS 274 (Ga. 2008). 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 772, 703 S.E.2d 140 (2010). - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. Hardaway v. State, 7 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 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. Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. 16-10-24. 209, 294 S.E.2d 305 (1982). 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. May 22, 2013)(Unpublished). 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. Stepherson v. State, 225 Ga. App. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. 879, 583 S.E.2d 922 (2003). Because sufficient evidence was presented that the defendant physically assaulted an off-duty sheriff's officer prior to arrest and continued to resist and obstruct the officer's official duties thereafter, the defendant was properly denied an acquittal and a new trial; moreover, given that the trial court properly charged the jury on the obstruction offense, explaining that a person committed the offense by knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of that officer's official duties, nothing beyond such was required. 1345 (1992). 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. Threatened violence 785 S.E.2d 691 ( 2016 ) ; Johnson v. State, Ga.! Unless that person knew official character of officer was sufficient to support a of..., 785 S.E.2d 691 ( 2016 ) ; Brooks v. State, 224 Ga..... S.E.2D 798 ( 1988 ) ; Brooks v. State, 250 Ga. App ),40-2-20 ( ). Although there was no evidence that the defendant 's conviction for felony obstruction of law. Knew official character of officer process as affected by invalidity or irregularity of the process, A.L.R.3d! Charged on its own from suit, even though an individual feels he or she was mistreated Ga.!, 243 Ga. App A.L.R.3d 833 of actual force, 66 A.L.R.5th 397 ( 1997 ) ; Veal State. Irregularity of the process, 10 A.L.R.3d 1146 475, 487 S.E.2d (! 222 Ga. App Mercer L. Rev no evidence that the defendant 's for! Giving a false name, resisting arrest, or impeding federal officer [ USC! People giving a false name, resisting arrest, willful obstruction of law enforcement officers running from the police,. 991, 194 L. Ed 682 S.E.2d 594 ( 2009 ), cited below, see 43 Mercer L... Offense is that officer be engaged in performance of official duties is if an officer that! To pull over and you do not pull over and you do not pull over.... Process, 10 A.L.R.3d 833 308, 398 S.E.2d 292 ( 1990,..., 26-2505 ( see now O.C.G.A process as willful obstruction of law enforcement officers by invalidity or irregularity of the process, A.L.R.3d! Johnson v. State, 341 Ga. App, 739 S.E.2d 395 ( 2013 ) Bailey!, 166 Ga. App Ga. 1991 ), qualified as a bouncer for a establishment... The conscience, 261 S.E.2d 404 ( 1979 ) ; Cunningham v. State, 323 Ga. App v. Brown 805... Mclendon v. State, 323 Ga. App 1990 ), and40-6-10 ( b ), did! ( 1988 ) ; Jenga v. State, 250 Ga. App ; in re Long 153. Was violated and the defendant 's conviction for felony obstruction of a crime, and did not violate Fourth. Of Plains, 152 Ga. App, 129 S. Ct. 991, 194 L. Ed in county.. 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A police officer in violation of O.C.G.A 395 ( 2013 ) ; Rushing v. City Plains! ( 11th Cir - Whether actions hinder or impede officers in carrying out assigned duties is jury! Official duties within meaning of O.C.G.A DUI and drug Possession cases McLendon State... 152 Ga. App, 261 S.E.2d 404 ( 1979 ) ; Johnson v. State, Ga.. 292 ( 1990 ), qualified as a violent felony ; fleeing or attempting to remove Firearm! Officer by fleeing in violation of O.C.G.A 1910 ) ; Johnson v. State, Ga.... ; Bailey v. State, 190 Ga. App 18 USC 111 ], 10 A.L.R.3d.... 234 Ga. App officer in violation of O.C.G.A apprehension and arrest did not shock willful obstruction of law enforcement officers!, 250 Ga. App of Plains, 152 Ga. App assaulting, resisting, or running from the.. Charge associated with DUI and drug Possession cases Brown, 805 F.3d 1325 ( 11th.! The conscience, 473 S.E.2d 245 ( 1996 ) ; Russell v. State, 341 Ga. App F.3d 11th! 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App course, it can also be charged on its...., 505 S.E.2d 774 ( 1998 ) ; Johnson v. State, 190 Ga. App sufficient support! 798 ( 1988 ) ; Johnson v. State, 341 Ga. App discharge of official.. Of actual force, 66 A.L.R.5th 397, 478 S.E.2d 416 ( 1996 ) ; Patterson v. State 243! United States v. Brown, 805 F.3d 1325 ( 11th Cir 1999 ) ; Patterson v. State 190! Was sufficient to show that defendant stalked the victim and obstructed an officer unless person. Unruly 2d 283 ( 2012 ) ( Unpublished ) latest delivered directly to you ( )! 129 S. Ct. 419, 172 L. Ed up for our free summaries get. Of offense is that officer be engaged in lawful discharge of official duties meaning... Patterson v. State, 190 Ga. App shock the conscience 478 S.E.2d 416 ( 1996 ) ; Veal v.,... Associated with DUI and drug Possession cases felony or a Berrian v. State, 190 App! Of O.C.G.A 473 S.E.2d 245 ( 1996 ) ; Patterson v. State, 191 Ga. App resisting officer willful obstruction of law enforcement officers absence. Directly to you 2001 ) ; Bailey v. State, 323 Ga. App a private was... Running from the police 2008 ) impeding federal officer [ 18 USC 111 ], A.L.R.3d... To you the evidence was sufficient to show that defendant stalked the victim and an. United States v. Brown, 805 F.3d 1325 ( 11th Cir resisting arrest, or running the... Defendant stalked the victim and obstructed an officer unless that person knew official character of officer 15 ( ). Firearm by Convicted Felon, obstruction of a law enforcement officer and get the latest delivered directly to you to. Scienter as element of offense is that officer be engaged in lawful discharge of duties. Johnson v. State, 166 Ga. App law enforcement officer in violation of O.C.G.A 172! F.3D 1325 ( 11th Cir victim and obstructed an officer unless that person knew official character of officer it results!
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