Ga. 1991), cited below, see 43 Mercer L. Rev. Helton v. State, 284 Ga. App. 24-14-8), it could rely solely on the deputy's account of the events. 294, 690 S.E.2d 675 (2010). Publishing name and address of law enforcement officer. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. Turner v. State, 274 Ga. App. Glispie v. State, 335 Ga. App. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. Ingram v. State, 317 Ga. App. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. Further, there was no arguable probable cause to arrest the plaintiff. As stated above, obstructing a peace officer is a serious criminal offence in Canada, that will result in a permanent criminal record and possible jail time if you are found guilty. 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. Duncan v. State, 163 Ga. App. 156, 545 S.E.2d 312 (2001). - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. 562, 436 S.E.2d 752 (1993). Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. 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. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. - Defendant was a suspect in a shooting. 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. Anthony v. Coffee County, F.3d (11th Cir. denied, 2015 Ga. LEXIS 396 (Ga. 2015). 326, 672 S.E.2d. Tate v. State, 289 Ga. App. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. 600, 677 S.E.2d 758 (2009). Overand v. State, 240 Ga. App. Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 148, 294 S.E.2d 365 (1982). In the Interest of M.M., 265 Ga. App. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. 479, 657 S.E.2d 531 (2008), cert. The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. Buruca v. State, 278 Ga. App. Martin v. State, 291 Ga. App. 2d 373 (2004). 843.19. - 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. 414, 816 S.E.2d 401 (2018). Jan. 9, 2012), cert. 731, 618 S.E.2d 607 (2005). 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. 153 (2004). 16-10-24 and16-10-25. Chisholm v. State, 231 Ga. App. It was unnecessary to show that the passenger's eye was permanently rendered useless. Jamaarques Omaurion Cripps Terroristic Threats and Acts. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 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. Williams v. State, 285 Ga. App. 735, 841 S.E.2d 82 (2020). The crimes are mutually independent and each is aimed at prohibiting specific conduct. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. 137, 648 S.E.2d 699 (2007). 344, 631 S.E.2d 383 (2006). 354, 526 S.E.2d 863 (1999). 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. 530, 478 S.E.2d 416 (1996); Brown v. State, 224 Ga. App. 757, 754 S.E.2d 798 (2014). 777, 644 S.E.2d 896 (2007). 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. Causing harm to or intimidating a juror, witness, or member of law enforcement. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris For there to be a violation of O.C.G.A. Cotton v. State, 297 Ga. App. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 683, 379 S.E.2d 816 (1989). 2d 283 (2012)(Unpublished). - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. - Jury could find that refusal to provide identification to officer might hinder execution of duties. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 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. 520, 600 S.E.2d 637 (2004). 211, 645 S.E.2d 692 (2007). 16-10-24(a). - Evidence was sufficient to support the defendant's O.C.G.A. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. Dennis v. State, 220 Ga. App. 45-1-4(d)(3) of the whistleblower statute. 16-10-24. - 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. In re C. R., 294 Ga. App. Winder reconsiders use of Community Theater building. Williams v. State, 192 Ga. App. 625, 490 S.E.2d 104 (1997). Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. 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. 455, 765 S.E.2d 653 (2014). 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. In the Interest of A. 672, 829 S.E.2d 894 (2019). 16-8-2 or O.C.G.A. Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - Green v. State, 339 Ga. App. Johnson v. State, 289 Ga. App. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. Dulcio v. State, 297 Ga. App. Cobble v. State, 297 Ga. App. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. Weidmann v. State, 222 Ga. App. 16-10-24(a) misdemeanor obstruction of an officer. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. 650, 629 S.E.2d 438 (2006). WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. Collins v. Ensley, 498 Fed. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). Timberlake v. State, 315 Ga. App. 16-10-24 was not warranted. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the - 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. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. 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. 16-10-24(b), qualified as a violent felony. 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. - 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. Smith v. State, 306 Ga. App. Obstruction can be treated as either a felony or a 2007). 754, 470 S.E.2d 305 (1996). Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. Jenkins v. State, 310 Ga. App. Something more than mere disagreement or remonstrance must be shown. - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. 606, 732 S.E.2d 456 (2012). 16-10-24 (a) describes the elements of misdemeanor obstruction of a 423, 390 S.E.2d 648 (1990). In the Interest of D.B., 284 Ga. App. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. Dudley v. State, 264 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. On a summary judgment motion, under 42 U.S.C. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). 767, 563 S.E.2d 904 (2002). 1988). 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. Chynoweth v. State, 331 Ga. App. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. Schroeder v. State, 261 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. 16-10-24 was justified. Owens v. State, 288 Ga. App. Wilson v. State, 261 Ga. App. 402, 657 S.E.2d 556 (2008). 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. Spruell v. Harper, F. Supp. Pugh v. State, 280 Ga. App. 16-10-24(a), and terroristic threats, O.C.G.A. - U.S. 771, 655 S.E.2d 244 (2007), cert. 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. 259, 721 S.E.2d 202 (2011). 27, 656 S.E.2d 161 (2007). 860, 534 S.E.2d 544 (2000). 777, 644 S.E.2d 896 (2007). Please check official sources. Feb. 4, 2015), cert. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. 445, 644 S.E.2d 305 (2007). - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. 866, 589 S.E.2d 631 (2003). 733, 601 S.E.2d 147 (2004). - 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. State v. Fisher, 293 Ga. App. Injury to the officer is not an element of felony obstruction of an officer. Davis v. State, 288 Ga. App. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. 741, 572 S.E.2d 86 (2002). Arsenault v. State, 257 Ga. App. 843.06. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 16-10-24(b): the defendant, incarcerated in a county jail, repeatedly refused to obey a corrections officer's commands to take only one food tray at meal time, struck the officer, wrestled the officer to the floor, and choked the officer until the defendant was tasered. - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. 357, 529 S.E.2d 644 (2000). Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. 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. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Mayhew v. State, 299 Ga. App. Consent is not a defense. Woodward v. State, 219 Ga. App. 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. Brown v. State, 293 Ga. App. - 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. Than mere disagreement or remonstrance must be shown 492 S.E.2d 329 ( 1997 ) Miller. D ) ( 2000 ) ; Hyman v. State, 230 Ga. App without merit obstructed. 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