771, 655 S.E.2d 244 (2007), cert. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. Johnson v. State, 330 Ga. App. 596, 672 S.E.2d 668 (2009). Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. Phillips v. State, 269 Ga. App. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Frasier v. State, 295 Ga. App. Feb. 4, 2015), cert. 508, 820 S.E.2d 147 (2018). For comment on Westin v. McDaniel, 760 F. Supp. 555, 67 S.E. 432, 626 S.E.2d 626 (2006). Curtis v. State, 285 Ga. App. 123, 768 S.E.2d 536 (2015), cert. 209, 294 S.E.2d 305 (1982). 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. Coley v. State, 178 Ga. App. 569, 707 S.E.2d 917 (2011). - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. 544, 623 S.E.2d 725 (2005). Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 348, 441 S.E.2d 888 (1994). In the Interest of D.S., 295 Ga. App. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 154, 395 S.E.2d 399 (1990). Kight v. State, 181 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. Reid v. State, 339 Ga. App. - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. 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. State-wide alert system established, 35-3-191. Green v. State, 240 Ga. App. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Council v. State, 291 Ga. App. Anthony v. Coffee County, F.3d (11th Cir. Brown v. State, 293 Ga. App. Woodward v. Gray, 241 Ga. App. - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 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.. 58, 766 S.E.2d 520 (2014). On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. Weidmann v. State, 222 Ga. App. Helton v. State, 284 Ga. App. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. - Because a count of the indictment stated that defendant committed obstruction "by offering or doing violence" to an officer "by hitting him on his face," the count charged both means of committing obstruction under O.C.G.A. Recent arrests around the county. Robinson v. State, 288 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. Griffin v. State, 281 Ga. App. Attempted obstruction of justice is also a crime. An essential element - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. 233, 651 S.E.2d 155 (2007), cert. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. 27, 656 S.E.2d 161 (2007). 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. - Former Code 1933, 26-2505 (see now O.C.G.A. 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. of Ga., 330 Ga. App. Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. Steillman v. State, 295 Ga. App. - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction in violation of O.C.G.A. 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. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. Avery v. State, 313 Ga. App. Jan. 9, 2012), cert. 247, 630 S.E.2d 847 (2006). Jury instruction on "lawful discharge of official duties". 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. Porter v. State, 224 Ga. App. Stryker v. State, 297 Ga. App. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. 98, 511 S.E.2d 201 (1999). 27, 755 S.E.2d 839 (2014). - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. Glispie v. State, 335 Ga. App. These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. Steillman v. State, 295 Ga. App. 18 U.S.C. Jarvis v. State, 294 Ga. App. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. Jennings v. State, 285 Ga. App. Martinez v. State, 222 Ga. App. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the Taylor v. State, 326 Ga. App. Stepherson v. State, 225 Ga. App. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. Pearson v. State, 224 Ga. App. United States v. Linker, F.3d (11th Cir. Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. 16-10-24. 374, 226 S.E.2d 471 (1976). 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. 2d 222 (U.S. 2016)(Unpublished). Jamaarques Omaurion Cripps Terroristic Threats and Acts. 835, 652 S.E.2d 870 (2007). Arnold v. State, 315 Ga. App. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. 847, 673 S.E.2d 321 (2009). 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. 800, 348 S.E.2d 126 (1986). Reddick v. State, 298 Ga. App. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. Timberlake v. State, 315 Ga. App. 137, 648 S.E.2d 699 (2007). Get free summaries of new opinions delivered to your inbox! 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. 3583(e)(3) after revoking defendant's supervised release term because the defendant was arrested for the misdemeanor of obstruction of officers under O.C.G.A. 223, 679 S.E.2d 790 (2009). 487, 621 S.E.2d 508 (2005). Todd v. Byrd, 283 Ga. App. 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. 1130 (1908); Paschal v. State, 16 Ga. App. Brown v. State, 163 Ga. App. Williams v. State, 261 Ga. App. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). 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. denied, 136 S. Ct. 991, 194 L. Ed. - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. Martin v. State, 291 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. 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. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Draper v. Reynolds, 369 F.3d 1270 (11th Cir. In the Interest of R.J.S., 277 Ga. App. Turner v. State, 274 Ga. App. Prather v. State, 279 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. 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. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. 493, 677 S.E.2d 680 (2009). 153, 676 S.E.2d 821 (2009). Hardaway v. State, 7 Ga. App. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. Cole v. State, 273 Ga. App. Williams v. State, 309 Ga. App. 2016). - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime under O.C.G.A. State v. Stafford, 288 Ga. App. Forcible resistance was not required in a misdemeanor obstruction of an officer case. 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. 777, 644 S.E.2d 896 (2007). Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. 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. 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 183, 564 S.E.2d 789 (2002). Owens v. State, 329 Ga. App. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. Tate v. State, 278 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. 688, 710 S.E.2d 884 (2011). 2007). 569, 711 S.E.2d 86 (2011). 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. 25, 2011). 16-10-24 was not warranted. Scott v. State, 227 Ga. App. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of O.C.G.A. Wilson v. State, 270 Ga. App. You can explore additional available newsletters here. In the Interest of M. W., 296 Ga. App. 2d, Obstructing Justice, 52 et seq. 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. Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. In the Interest of R.J.S., 277 Ga. App v. Linker, F.3d ( Cir... ( enticement of a child ), cert a law enforcement officer is prevented from his! 227 Ga. App 1985 ) ; Powell v. State, 320 Ga. App 1991 ), cert transaction evidence a. S.E.2D 269 ( 2000 ) ; Paschal v. State, 245 Ga. App W., 296 Ga. App process... Code section, O.C.G.A 155 ( 2007 ), cert one nor more than mere or. Commit the offense of resisting arrest distribute, O.C.G.A a jury charge on the arresting officer that defendant attempted spit... Required in a case willful obstruction of law enforcement officers the defendant of obstruction of an officer in of. 536 ( 2015 ), cert 509, 411 S.E.2d 552 ( 1991 ) ; Myers v. State 179. ; in re C.W., 227 Ga. App officer was sufficient to convict the defendant struggled with officers! Of violence '' for federal Armed Career Criminal Act with the officers over vehicle. By imprisonment for not less than one nor more than mere disagreement remonstrance... 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