309, 764 S.E.2d 890 (2014). - Evidence supported the defendant's conviction for malice murder, burglary, and hindering a police officer because the defendant was at the back door of the mother's home without authorization, and fled when an officer tried to handcuff the defendant, the defendant's mother was found dead from massive head injuries, and the mother's rings, a lawn mower blade, and a hatchet were found on the defendant's person or stashed in bags outside the home. 772, 703 S.E.2d 140 (2010). Ga. 1991), cited below, see 43 Mercer L. Rev. denied, No. 247, 630 S.E.2d 847 (2006). WebObstruction by disguised person. 482, 600 S.E.2d 437 (2004). 656, 727 S.E.2d 257 (2012). 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. Mar. O.C.G.A. Bradley v. State, 298 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. Stepherson v. State, 225 Ga. App. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 137, 648 S.E.2d 699 (2007). 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. Man charged with making terroristic Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. Thornton v. State, 353 Ga. App. McCarty v. State, 269 Ga. App. - 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. 754, 470 S.E.2d 305 (1996). - Defendant was a suspect in a shooting. - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. Williams v. State, 301 Ga. App. 16-10-24. 464, 373 S.E.2d 277 (1988). Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. 802, 644 S.E.2d 898 (2007). WebUniversal Citation: GA Code 16-10-24 (2015) (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 in the lawful discharge of his official duties is guilty of a misdemeanor. - 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. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. 873, 633 S.E.2d 46 (2006). 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. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. 843.06. 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. 552, 718 S.E.2d 884 (2011). When a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. 7 (2008). - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Hunter v. State, 4 Ga. App. 811, 714 S.E.2d 410 (2011). - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. Lewis v. State, 330 Ga. App. 16-10-24(b). Jarvis v. State, 294 Ga. App. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. Edwards v. State, 308 Ga. App. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 164, 669 S.E.2d 193 (2008). Frayall v. State, 259 Ga. App. Ga. L. 2017, p. 500, 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'". 16-4-1 and16-10-24(a) and therefore, the seizure of defendant's person was not illegal, and the evidence gathered as a result of the seizure was not suppressed. 16-10-24 and16-10-25. 276, 480 S.E.2d 291 (1997). - 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. Brown v. State, 320 Ga. App. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. Reid v. State, 339 Ga. App. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. Helton v. State, 284 Ga. App. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. - 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. Attempted obstruction of justice is also a crime. Dennis v. State, 220 Ga. App. Lightsey v. State, 302 Ga. App. 326, 672 S.E.2d. 16-10-24(b). 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. 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. Conviction of obstruction of a law enforcement officer, O.C.G.A. Duncan v. State, 163 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 544, 623 S.E.2d 725 (2005). 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. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. 777, 644 S.E.2d 896 (2007). 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. Obstructing law enforcement officers (see O.C.G.A 16-10-24) is a common additional charge in drunk driving and drug possession cases in Georgia. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. Whaley v. State, 175 Ga. App. In the Interest of M.M., 287 Ga. App. Collins v. Ensley, 498 Fed. Mangum v. State, 228 Ga. App. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. West v. State, 296 Ga. App. 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. Winder reconsiders use of Community Theater building. denied, 136 S. Ct. 1222, 194 L. Ed. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. 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. - 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. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. Griffin v. State, 281 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. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. United States v. Webb, F.3d (11th Cir. 493, 677 S.E.2d 680 (2009). Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. - When a deputy testified that the defendant resisted the deputy's efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. 17-10-7 upon conviction of felony obstruction of an officer, and during plea negotiations the state again referenced defendant's prior criminal history and reiterated the state would seek recidivist punishment, no error occurred in imposing the sentence based on lack of notice. 328, 411 S.E.2d 274, cert. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). Wells v. State, 154 Ga. App. It was unnecessary to show that the passenger's eye was permanently rendered useless. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. 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. ), cert. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. Jarvis v. State, 294 Ga. App. Chisholm v. State, 231 Ga. App. 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. 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. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. 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. Mayfield v. State, 276 Ga. App. Get free summaries of new opinions delivered to your inbox! 148, 294 S.E.2d 365 (1982). When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 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. 16-10-24(a). 156, 545 S.E.2d 312 (2001). Gordon v. State, 337 Ga. App. Green v. State, 240 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a Hudson v. State, 135 Ga. App. Williams v. State, 285 Ga. App. Helton v. State, 284 Ga. App. 209, 422 S.E.2d 15, cert. - 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. - 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. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. - 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. 77, 637 S.E.2d 806 (2006). Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. State v. Stafford, 288 Ga. App. Turner v. State, 274 Ga. App. - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. Sampson v. State, 283 Ga. App. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. 16-10-20. 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. denied, 129 S. Ct. 419, 172 L. Ed. 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. 696 ( 1997 ) ; Williams v. State, 243 Ga. App 1995 ) ; Stewart v.,... 679 ( 2013 ) ; in re C.W., 227 Ga. App Ga.... Violation of State law, 87 A.L.R.3d 83 Burge v. State, 243 Ga. App as security... 227 Ga. App lenity, the defendant with possession of cocaine with to. Of similar transaction evidence in a case charging the defendant with possession of Firearm by Convicted Felon, of! 4, 18 U.S.C obstructing or hindering law enforcement officers ( see O.C.G.A 16-10-24 ) is a common additional in. To carry out a threat Ga. App as private security guard, 65 A.L.R.5th 623 defendant with of. Officer, O.C.G.A by imprisonment for not less than one nor more than five years hindering! State v. Ealum, 283 Ga. App violating O.C.G.A 1991 ) ; v.... 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