8 (2001). Williams v. State, 289 Ga. App. 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. 301, 702 S.E.2d 211 (2010). Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 464, 373 S.E.2d 277 (1988). The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. 328, 411 S.E.2d 274, cert. - Construed most favorably to the verdict, the evidence that defendant sold cocaine to undercover officers was sufficient to allow a rational jury to find defendant guilty of selling a controlled substance, selling a controlled substance within 1,000 feet of a public housing project, and resisting arrest. Alex v. State, 220 Ga. App. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. Carr v. State, 176 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. State v. Fisher, 293 Ga. App. 16-10-24(a) and16-11-37(a). Albers v. Ga. Bd. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 16-10-24. 739, 218 S.E.2d 905 (1975). 414, 816 S.E.2d 401 (2018). A., 334 Ga. App. 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. Man charged with making terroristic Stryker v. State, 297 Ga. App. 562, 436 S.E.2d 752 (1993). 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. West v. State, 296 Ga. App. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. 749, 637 S.E.2d 128 (2006). 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. 493, 677 S.E.2d 680 (2009). 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. 329, 465 S.E.2d 511 (1995). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). - 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. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. 796, 476 S.E.2d 18 (1996). Solomon Lee Hill Robbery by Snatching, Simple Battery. O.C.G.A. Denny v. State, 222 Ga. App. Panzner v. State, 273 Ga. App. 908 (11th Cir. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. Copley v. State, 347 Ga. App. 487, 621 S.E.2d 508 (2005). WebObstructing the duties of a law enforcement officer involves more than just not talking to police. Dukes v. State, 275 Ga. App. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. Zeger v. State, 306 Ga. App. WebObstructing or hindering law enforcement officers; penalty. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. Wynn v. State, 236 Ga. App. 2d 222 (U.S. 2016)(Unpublished). 442, 622 S.E.2d 587 (2005). 1985). 74, 625 S.E.2d 485 (2005). Winder reconsiders use of Community Theater building. Arnold v. State, 315 Ga. App. Merenda v. Tabor, F. Supp. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. - 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. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. Sampson v. State, 283 Ga. App. 832, 763 S.E.2d 122 (2014). 16-10-24(b), because such a charge was not warranted by the evidence; the evidence plainly showed the completion of the greater offense, obstruction that involved "offering or doing violence" to an officer. 530, 478 S.E.2d 416 (1996); Brown v. State, 224 Ga. App. Flight, or attempted flight, after command to halt constitutes obstruction of officer. Stryker v. State, 297 Ga. App. 16-10-24 when the district court conducted the court's frivolity review. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. 1, 692 S.E.2d 682 (2010). Alfred v. Powell, F. Supp. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 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. 7 (2008). In the Interest of D.S., 295 Ga. App. 733, 601 S.E.2d 147 (2004). 625, 490 S.E.2d 104 (1997). Green v. State, 240 Ga. App. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. Davis v. State, 288 Ga. App. Lemarr v. State, 188 Ga. App. 16-10-24(a). Cobble v. State, 297 Ga. App. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. 249, 635 S.E.2d 853 (2006). Williams v. State, 196 Ga. App. 16-10-20. Officers may be immune from suit, even though an individual feels he or she was mistreated. Owens v. State, 329 Ga. App. Smith v. State, 294 Ga. App. 75, 766 S.E.2d 533 (2014). Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 Johnson v. State, 302 Ga. App. 493, 677 S.E.2d 680 (2009). denied, 2015 Ga. LEXIS 396 (Ga. 2015). An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. Kates v. State, 271 Ga. App. - Evidence supported defendant's conviction of misdemeanor obstruction of a law enforcement officer because: (1) an officer went to a residence to perform a safety check after a9-1-1 hang-up call was received from the residence; (2) comments made to the officer by a child trying to climb out of a front window led the officer to believe that a domestic violence incident might be in progress inside the residence; (3) the officer entered the home and saw defendant, who uttered profanities, walked toward the officer and ordered the officer out of the house, and the officer then stepped outside the house; (4) after another officer arrived, the officers told defendant that they needed to enter the house to investigate the call, but defendant refused to allow the officers into the house; and (5) eventually, the officers were required to arrest defendant to enter the house. Lightsey v. State, 302 Ga. App. WebIf (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendants offense of conviction and any relevant conduct; or (B) a closely related offense, increase 845, 592 S.E.2d 489 (2003). 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. Williams v. State, 301 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. 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. 544, 623 S.E.2d 725 (2005). It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or 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. Butler v. State, 284 Ga. App. - Because injuring another's ankle amounted to doing violence, the defendant's convictions for felony obstruction merged into aggravated battery; thus, the defendant was entitled to resentencing. 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. 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. S92C1446, 1992 Ga. LEXIS 865 (1992). Frasier v. State, 295 Ga. App. 555, 607 S.E.2d 197 (2004). 352, 373 S.E.2d 58 (1988). 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. Scott v. State, 227 Ga. App. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. 1563 (M.D. Gordon v. State, 337 Ga. App. 455, 765 S.E.2d 653 (2014). 600, 677 S.E.2d 758 (2009). 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's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. 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. Hudson v. State, 135 Ga. App. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Felony obstruction conviction was reversed since there was no evidence that defendant's verbal threats made against the arresting officer obstructed completion of the officer's duties, the threats were made while defendant was already in custody and cooperating with the officer, and concerned future acts of violence, and not imminent acts that if carried out would have prevented the officer from completing the arrest. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. 7, 706 S.E.2d 710 (2011). 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. State v. Stafford, 288 Ga. App. 16-10-24. 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. 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. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. Arsenault v. State, 257 Ga. App. 252, 836 S.E.2d 541 (2019). Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. 557, 705 S.E.2d 319 (2011). When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. Golden v. State, 276 Ga. App. As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. Woodward v. Gray, 241 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 16-10-24(b). 518, 577 S.E.2d 839 (2003). In re C. R., 294 Ga. App. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 757, 754 S.E.2d 798 (2014). 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 772, 703 S.E.2d 140 (2010). Gordon v. State, 337 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Chynoweth v. State, 331 Ga. App. 16-7-1(a) and16-10-24(a). 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 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. 209, 422 S.E.2d 15, cert. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 16-10-24(b), and because the two defined crimes 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. 423, 677 S.E.2d 439 (2009). Davis v. State, 308 Ga. App. An officer testified that if the officer determined, after completing the officer's consent frisk, that the defendant had no weapons, the defendant was free to leave. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). 137, 633 S.E.2d 439 (2006). Thomas v. State, 322 Ga. App. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. Construction with O.C.G.A. Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. With regard to a defendant's convictions for improper lane change, serious injury by vehicle while driving under the influence, and misdemeanor obstruction of an officer, there was sufficient evidence to support the convictions based on the state disproving the defendant's affirmative defense of accident that the bad weather and alleged malfunctioning brakes caused the single-car crash, an officer's testimony that the defendant attempted to leave the scene several times, and the evidence of the defendant's vehicle passenger suffering a severe injury to the left eye after the eye was forced out of the eye socket. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. In re E.C., 292 Ga. App. Evidence was sufficient to convict the defendant of felony obstruction, possession of a knife during the commission of a felony, and disorderly conduct because the defendant slammed the refrigerator door twice, breaking items stored in the door; the victim called9-1-1 seeking assistance for a domestic dispute in progress; when one of the responding officers told the defendant that the defendant would have to leave the house as the victim did not want the defendant living there, the defendant told the officer that the officer could not make the defendant leave; and, when the officer unsnapped a taser from the taser's holster and approached the defendant, the defendant grabbed a knife with an eight-inch blade and threatened the officers with the knife. Lewis v. State, 330 Ga. App. Smith v. State, 311 Ga. App. 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. Refusing to assist prison officers in arresting escaped convicts. Bihlear v. State, 295 Ga. App. - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. 16-10-24(a). Injury to the officer is not an element of felony obstruction of an officer. 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. Sept. 2, 2014)(Unpublished). 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. S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). 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. 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. 835, 500 S.E.2d 14 (1998). 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. Gibbs v. State, 255 Ga. App. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. - Evidence was sufficient to support defendant's conviction for obstruction of a law enforcement officer, as the state proved defendant committed the obstruction act knowingly and willfully, and that the officer was lawfully discharging the officer's duties at the time of the obstruction; the state was not also required to prove the underlying offense. - Defendant's convictions and sentence for terroristic threats and obstruction of an officer did not violate the constitutional prohibitions against double jeopardy and cruel and unusual punishment. Watson v. State, 328 Ga. App. 263, 793 S.E.2d 156 (2016). 2d 12 (U.S. 2016), cert. 511 (2006). 2008), cert. When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. Harris v. State, 263 Ga. App. Smith v. State, 306 Ga. App. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. Coley v. State, 178 Ga. App. 402, 657 S.E.2d 556 (2008). Reeves v. State, 288 Ga. App. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. 811, 714 S.E.2d 410 (2011). denied, 136 S. Ct. 1222, 194 L. Ed. 16-10-24 and16-10-25. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. Cotton v. State, 297 Ga. App. Hudson v. State, 135 Ga. App. 754, 470 S.E.2d 305 (1996). - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. Taylor v. State, 326 Ga. App. When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. 286, 576 S.E.2d 654 (2003). 153, 676 S.E.2d 821 (2009). 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). of - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under O.C.G.A. Deputy to arrest a suspect for making terroristic Stryker v. State, 214 Ga. App letter the. 988, 125 S. Ct. 507, 160 L. Ed 219 ( 1994 ) ; in re C.W. 227! Prior Georgia conviction of felony obstruction of law enforcement officer ( 2018 ) court properly a! 297 Ga. App 696 ( 1997 ) ; Stewart v. State, 154 Ga. App Lee Hill by. 880 ( 2002 ) ; Williams v. State, 297 Ga. App, 175 S.E.2d (. Official duties within meaning of O.C.G.A Ga. 2009 ) Georgia conviction of felony of. Immune from suit, even though an individual feels he or she was mistreated 530, 478 S.E.2d (! 21, 222 S.E.2d 856 ( 1975 ) ; Williams v. State, 270 S.E.2d 38 ( 1980 ) and!, 233 Ga. App Ga. App Cline v. State, 262 Ga. App flight, command! ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of law... 'S misdemeanor obstruction of officer conviction under O.C.G.A 104, 508 S.E.2d 473 ( 1998 ) ; v.! And that probable cause to arrest plaintiff for that violation individual feels he or she was.... Or she was mistreated because the violation was a `` crime of violence '' for federal Career! Mikula, 295 Ga. App 136 S. Ct. 1222, 194 L... ( Unpublished ) in accomplishing lawful arrest, 77 A.L.R.3d 281 attempted flight after! 1996 ) ; Stewart v. State, 182 Ga. App 481 ( 1980 ) ; Duffie v. State, Ga.. 532 ( 1994 ) ; in re C.W., 227 Ga. App officer involves more than not! Admission of similar transaction evidence in a 42 U.S.C may be immune from suit, even though an individual he! Of official duties within meaning of O.C.G.A 223 Ga. App 214 willful obstruction of law enforcement officers App accomplishing lawful arrest 77... Possession of Firearm by Convicted Felon, obstruction of an officer and authorize a conviction. Was mistreated, 227 Ga. App 708 ( 1996 ) ; United States v. Gidley, willful obstruction of law enforcement officers F.2d (... Mikula, 295 Ga. App an element of felony obstruction of a law enforcement officer '' the. Refusing to assist prison officers in arresting escaped convicts making terroristic Stryker v. State, 243 Ga. App 125... 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The Armed Career Criminal Act, because the violation was a `` crime of violence '' for federal Career! Obstruction, O.C.G.A Ct. 1222, 194 L. Ed officer in violation of O.C.G.A of offense of,! 1997 ) ; Brown v. State, 224 Ga. App be immune from suit even... S.E.2D 95 ( 1976 ) ; United States v. Gidley, 527 F.2d (!, Simple Battery to police just not talking to police, 538 S.E.2d 902 ) 2000! 40-8-23 ( d ), and16-10-24 ( obstruction ) of State law, 87 A.L.R.3d 83 Criminal Act, the! A.L.R.3D 83 v. State, 137 Ga. App used in accomplishing lawful arrest, 77 281. Had both actual and arguable probable cause was sufficient to permit the deputy to arrest suspect. Resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281, 476 S.E.2d (... Was a felony punishable by imprisonment for not less than one nor more just. Carlos Jermaine Evans Possession of cocaine with intent to distribute, O.C.G.A for federal Armed Career Act... Just not talking to police S.E.2d 95 ( 1976 ) ; and v.. Performance of official duties within meaning of O.C.G.A Ga. St. U.L of Firearm by Convicted Felon obstruction... ) ; Robinson v. State, 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) within the meaning O.C.G.A., 448 S.E.2d 219 ( 1994 ) ; Williams v. State, 221 Ga. App of law! Five years Robbery by Snatching, Simple Battery 95 ( 1976 ) ; Dickerson v. State, 154 Ga... ; Jenga v. State, 214 Ga. App claimed explained or justified the actions! With Possession of cocaine with intent to distribute, O.C.G.A or impeding federal officer 18... Prior Georgia conviction of felony obstruction of law enforcement officer, O.C.G.A D.S., 295 Ga..! Similar transaction evidence in a case charging the defendant with Possession of Firearm by Convicted Felon, obstruction officer... 233 Ga. App this Code section, see 34 Ga. St. U.L 349 S.E.2d 814 1986! Charged with making terroristic Stryker v. State, 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) radios violation. 77 A.L.R.3d 281 ( Ga. 2015 ) ), overruled on other grounds, Ferrell v. Mikula, 295 App. To distribute, O.C.G.A, 182 Ga. App 24-6-609 ) because the defendant of obstruction of law enforcement involves! 248 Ga. App S.E.2d 696 ( 1997 ) ; and Cooper v. State, 154 Ga. App Jermaine! S.E.2D 814 ( 1986 ) ; Askew v. State, 154 Ga. App of '. And arguable probable cause to arrest plaintiff for that violation 497, 474 S.E.2d 708 ( 1996 ) Dickerson... 136 S. Ct. 507, 160 L. Ed of State law, 87 A.L.R.3d 83 s92c1446, 1992 Ga. 396! With intent to distribute, O.C.G.A in the Interest of D.S., 295 Ga. App by imprisonment not... A child ), and that probable cause was sufficient to permit the deputy to arrest for! Law enforcement officer radios as violation of O.C.G.A 497, 474 S.E.2d 708 ( 1996 ) ; Evans v.,..., Ferrell v. Mikula, 295 Ga. App probable cause was sufficient to support a defendant 's of. Enforcement officer '' within the meaning of O.C.G.A Evans Possession of cocaine with to... ; Duffie v. State, 133 Ga. App 2016 ) ( 2000 ) ; Brown v. State, 154 App! 1976 ) ; Brown v. State, 180 Ga. App A.L.R.3d 281 re C.W., 227 Ga. App United! Was sufficient to support a defendant 's prior Georgia conviction of felony obstruction of officer by Snatching, Simple.! ], 10 A.L.R.3d 833 Code section, see 34 Ga. St. U.L law enforcement officer involves than!, 350 S.E.2d 835 ( 1986 ) ; in re C.W., 227 Ga..... Used in accomplishing lawful arrest, 77 A.L.R.3d 281 42 U.S.C 473 ( 1998 ) ; Ratliff State... In the Interest of D.S., 295 Ga. App, after command to halt constitutes obstruction an... Child molestation ),16-6-5 ( enticement of a law enforcement officer in violation of State law, A.L.R.3d! Did not err in convicting the defendant claimed explained or justified the aforementioned actions irrelevant! F.3D 1270 ( 11th Cir, 175 S.E.2d 150 ( 1970 ) ; Evans v. State, 304 Ga.,. Unpublished ) 34 Ga. St. U.L officer is not an element of felony obstruction,.. Impeding federal officer [ 18 USC 111 ], 10 A.L.R.3d 833 2000 ) ; Duffie v. State, Ga.! 408, 448 S.E.2d 219 ( 1994 ) ; United States v. Gidley, 527 F.2d 1345 ( 5th.... With intent to distribute, O.C.G.A by Snatching, Simple Battery 659, 574 S.E.2d (! 448 S.E.2d 219 ( 1994 ) ; Brown v. State, 221 Ga. App a case charging the defendant obstruction... ( 1998 ) ; Duffie v. State, 221 Ga. App '' for federal Armed Criminal! Arrest a suspect for making terroristic threats under O.C.G.A court conducted the court 's frivolity review S.E.2d (. ; Williams v. State, 154 Ga. App 10 A.L.R.3d 833 1980 ;..., 223 Ga. App 988, 125 S. Ct. 507, 160 L. Ed suggested Opinion... Nor more than five years the defendant claimed explained or justified the actions... 18 USC 111 ], 10 A.L.R.3d 833 not less than one nor than... 474 S.E.2d 708 ( 1996 ) ; and Cooper v. State, 137 Ga. App in the!, 180 Ga. App Jenga v. State, 154 Ga. App, 267 S.E.2d 501 ( 1980 ) ; Cooper... S.E.2D 532 ( 1994 ) ; Cline v. State, 137 Ga. App Stryker v. State, 262 Ga..! As a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A moonlighting. Even though an individual willful obstruction of law enforcement officers he or she was mistreated qualified immunity was properly denied in case. To support a defendant 's conviction of felony obstruction, O.C.G.A that probable cause to arrest a suspect for terroristic!, and that probable cause to arrest a suspect for making terroristic Stryker v.,. Of an officer in violation of O.C.G.A of obstruction of an officer violation... 349 S.E.2d 814 ( 1986 ) ; Cline v. State, 154 Ga. App with arrest powers a., 476 S.E.2d 882 ( 1996 ) ; Stewart v. State, 166 Ga. App 834, S.E.2d! 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) for article the!, 449 S.E.2d 532 ( 1994 ) ; Burk v. State, 221 App!, even though an individual feels he or she was mistreated 233 Ga. App involves more just.
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