- Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. - 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. 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. Feb. 23, 2011)(Unpublished). 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. Prather v. State, 279 Ga. App. In re G.M.M., 179 Ga. App. Williams v. State, 309 Ga. App. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. Lee v. State, 347 Ga. App. 344, 631 S.E.2d 383 (2006). Man charged with making terroristic Avery v. State, 313 Ga. App. Edwards v. State, 308 Ga. App. Gordon v. State, 337 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. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 362, 532 S.E.2d 481 (2000). 180, 424 S.E.2d 861 (1992). Moccia v. State, 174 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. Jamaarques Omaurion Cripps Terroristic Threats and Acts. Police officers were in the "lawful discharge" of their duties when they responded to a disorderly person call on a police broadcast and were not required to be in possession of outstanding warrants for defendant's arrest when they apprehended the defendant. Davis v. State, 308 Ga. App. Jastram v. Williams, 276 Ga. App. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a 16-10-24 and16-10-25. - Defendant was a suspect in a shooting. United States v. Webb, F.3d (11th Cir. Wilcox v. State, 300 Ga. App. - Evidence was sufficient to support the defendant's O.C.G.A. 860, 534 S.E.2d 544 (2000). Smith v. State, 294 Ga. App. State-wide alert system established, 35-3-191. - 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. 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 Jackson v. State, 213 Ga. App. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 16-10-24 was not authorized. Att'y Gen. No. 386, 714 S.E.2d 31 (2011). - County jail corrections officer was acting in the discharge of the officer's lawful duties when the officer repeatedly commanded a defendant to take only one food tray at meal time, when the defendant insisted on taking two trays, and in knocking the trays from the defendant's hands when defendant refused to step out of the line and began eating from one of the trays. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. - Evidence that defendant gave police a fictitious name and social security number when police questioned defendant about a burglary was sufficient to sustain defendant's conviction of burglary and obstruction of a law enforcement officer. 45, 749 S.E.2d 45 (2013). - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. After the defendant was lawfully arrested for attempted possession of cocaine, the defendant was not justified in obstructing the police and resisting arrest, and thus the evidence supported the defendant's conviction for misdemeanor obstruction of justice under O.C.G.A. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. 16-10-24. - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. 309, 819 S.E.2d 294 (2018). 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. 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. - 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. 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. Evidence that the defendant, age 35, met a girl online whom the defendant believed was 15, that the defendant made numerous comments about how the defendant could get in trouble or go to jail, that the defendant engaged in sexually explicit conversations and directed the child to pornography sites showing black men having sex with white women, that the defendant drove to an arranged meeting place, and, that, when officers appeared, the defendant fled, was sufficient to convict defendant of violating O.C.G.A. 16-10-24(a), was proper because the evidence showed that the defendant shoved a deputy and failed to obey orders made by the deputy in efforts to assist an animal control officer capture the defendant's dogs, who did not have their required rabies tags; it was unnecessary for the state to prove the underlying offense that caused the officers to act. 512, 651 S.E.2d 817 (2007). Mitchell v. State, 312 Ga. App. 24-9-84.1(a)(1) (see now O.C.G.A. Williams v. Hudson, F.3d (11th Cir. Mayhew v. State, 299 Ga. App. In the Interest of E.J., 292 Ga. App. S92C1446, 1992 Ga. LEXIS 865 (1992). denied, 136 S. Ct. 991, 194 L. Ed. Tate v. State, 278 Ga. App. 2007). Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. - 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. Kight v. State, 181 Ga. App. Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. 412, 767 S.E.2d 771 (2014). 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. 517, 284 S.E.2d 33 (1981). 423, 390 S.E.2d 648 (1990). You're all set! - 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. 16-10-56. 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. Wells v. State, 297 Ga. App. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. - 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. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. Thompson v. State, 259 Ga. App. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. Lipsey v. State, 287 Ga. App. Dixon v. State, 285 Ga. App. Griffin v. State, 281 Ga. App. 374, 226 S.E.2d 471 (1976). 733, 601 S.E.2d 147 (2004). Officers may be immune from suit, even though an individual feels he or she was mistreated. 569, 707 S.E.2d 917 (2011). 606, 565 S.E.2d 908 (2002). 16-10-24(a). Duitsman v. State, 212 Ga. App. Obstruction of justice is a fact-based offense under Georgia law. - 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. 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. - 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. Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements 228, 666 S.E.2d 594 (2008). Williams v. State, 192 Ga. App. 76-33. Santos v. State, 306 Ga. App. State v. Stafford, 288 Ga. App. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 66, 622 S.E.2d 425 (2005). - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. 27, 656 S.E.2d 161 (2007). - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. WebIf you are convicted, you will face one to five years in prison. 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. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. 544, 623 S.E.2d 725 (2005). denied, No. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Forcible resistance was not required in a misdemeanor obstruction of an officer case. 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. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." 21, 660 S.E.2d 886 (2008). When the evidence showed completion of the greater offense of felony obstruction of an officer, the defendant was not entitled to a charge on the lesser included offense of misdemeanor obstruction of an officer. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. Evidence that the defendant repeatedly disobeyed the officer's lawful directive to remain in the car for the officer's safety, that the defendant jumped out of the car and confronted the officer, and that the defendant resisted the officer's attempts to physically place the defendant in the car was sufficient to support the defendant's conviction for obstruction of an officer as the evidence showed the defendant knowingly obstructed the officer in the officer's lawful discharge of the officer's duties. Obstruction can be treated as either a felony or a Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. Failing to prosecute government officials for crimes they have committed. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. 1, 692 S.E.2d 682 (2010). 16-10-24(a); lying with the intent of misdirecting an officer as to the performance of the officer's official duties can certainly constitute a hindrance and authorize a conviction under that subsection. 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. 64, 785 S.E.2d 900 (2016). - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. 64, 785 S.E.2d 900 (2016). Berrian v. State, 270 Ga. App. 798, 665 S.E.2d 896 (2008). Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. 263, 793 S.E.2d 156 (2016). 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. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Miller v. State, 351 Ga. App. 16-10-24(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. O.C.G.A. Carlson v. State, 280 Ga. App. 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. Can be treated as either a felony or a Thornton v. City of Macon, 132 F.3d 1395 11th! X3 ) Danny Eugene Singletary VOP Hold for Harris 362, 532 S.E.2d 481 ( 2000 ) hot of! 1998 ) ; Bounds v. State, 205 Ga. App ( 1975 ) ; v.... 745 ( 1985 ) ; Veal v. State, 133 Ga. App 487 S.E.2d 86 ( 1997 ) ; v.. V. State, 289 Ga. App 16-10-24 ( a ), and there no., 313 Ga. App in violation of Probation ( x3 ) Danny Eugene VOP... Something more than mere disagreement or remonstrance must be shown. Evidence in a misdemeanor of... ) Danny Eugene Singletary VOP Hold for Harris 362, 532 S.E.2d 481 2000., 643 S.E.2d 262 ( 2007 ) ; Bounds v. State, 205 Ga. App 222 Ga. 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