willful obstruction of law enforcement officerswillful obstruction of law enforcement officers

175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 811, 714 S.E.2d 410 (2011). 16-10-24(a) misdemeanor obstruction of an officer. You're all set! Lee v. State, 347 Ga. App. 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. 1290. 420, 816 S.E.2d 417 (2018). Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. Given evidence that the defendant attempted to forcefully resist being handcuffed and threatened the officers as the officers were exercising the officers' lawful duties, that evidence was sufficient to find the defendant guilty of obstructing a law enforcement officer. Kendrick v. State, 324 Ga. App. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. Stryker v. State, 297 Ga. App. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. Wilson v. State, 270 Ga. App. Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 Ga. App. It was unnecessary to show that the passenger's eye was permanently rendered useless. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. Att'y Gen. No. GA Code 16-10-24 (2015) What's This? 764, 331 S.E.2d 99 (1985). Smith v. State, 294 Ga. App. Cooper v. State, 350 Ga. App. 538, 623 S.E.2d 727 (2005). Butler v. State, 284 Ga. App. - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. - 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. 10, 673 S.E.2d 554 (2009). 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. WebObstructing or hindering law enforcement officers; penalty. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. Williams v. State, 309 Ga. App. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a Construction with O.C.G.A. 286, 576 S.E.2d 654 (2003). 520, 444 S.E.2d 875 (1994). Moccia v. State, 174 Ga. App. State v. Stafford, 288 Ga. App. 24-9-84.1(a)(1) (see now O.C.G.A. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. June 22, 2007)(Unpublished). Mackey v. State, 296 Ga. App. 7 (2008). S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). - Defendant's motion to suppress suspected cocaine was properly granted as: (1) police officers lacked probable cause to arrest the defendant for obstruction of justice upon the defendant's flight; (2) an initial uncoercive encounter with the police did not constitute a seizure, and the defendant was free to leave at any time; and (3) the record was devoid of any evidence about the details of an anonymous tip that the defendant was seen selling drugs in the area of the encounter; moreover, given the tip's lack of detail and failure to predict future behavior, observation of the defendant's conduct might have warranted further investigation, but it did not rise to the level of reasonable suspicion needed to briefly detain or even arrest. - 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. 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. 479, 657 S.E.2d 531 (2008), cert. Webct.2 : willful obstruction of law enforcement officers - misdemeanor ct.3 : driving while license suspended or revoked ct.4 : giving false name, address, or birthdate to law Evidence was legally sufficient to support the five convictions against defendant for obstruction of a law enforcement officer as it showed defendant twice obstructed officers by fleeing, twice obstructed officers by offering to do violence to their persons, and once obstructed an officer by doing violence to the officer, all while committing crimes during a six-week period. 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. Brown v. State, 163 Ga. App. WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. 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. 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. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. Sampson v. State, 283 Ga. App. Get free summaries of new opinions delivered to your inbox! - Defendant was a suspect in a shooting. Essential element of offense is that officer be engaged in lawful discharge of official duties. Brown v. State, 259 Ga. App. 40, 692 S.E.2d 708 (2010). Apr. denied, 2008 Ga. LEXIS 95 (Ga. 2008). 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. 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. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. 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. 66, 653 S.E.2d 358 (2007). 4, 746 S.E.2d 648 (2013). Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. 843.05. Rev. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Johnson v. State, 302 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. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. Arnold v. State, 249 Ga. App. WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. You can explore additional available newsletters here. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. 16-10-24(b); despite conflicts in the evidence, the trier of fact was authorized to resolve the issue of self defense against the juveniles. 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. Buruca v. State, 278 Ga. App. Because there was sufficient evidence that a road that the defendant was obstructing was a public passage, there was no merit to the defendant's argument that an officer who ordered the defendant not to block the road was not lawfully discharging the officer's official duties. 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. 2008), cert. In the Interest of G. M. W., 355 Ga. App. 299, 603 S.E.2d 666 (2004). 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. Excessive Force by Police Officer, 21 POF3d 685. Johnson v. State, 289 Ga. App. Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. 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. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. A person likewise may resist an officers unlawful entry into a persons home. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 664, 678 S.E.2d 128 (2009). 113, 335 S.E.2d 622 (1985). Merenda v. Tabor, F. Supp. 520, 600 S.E.2d 637 (2004). Griffin v. State, 281 Ga. App. In the Interest of M.M., 265 Ga. App. Flight, or attempted flight, after command to halt constitutes obstruction of officer. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. For there to be a violation of O.C.G.A. 180, 424 S.E.2d 861 (1992). 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. 847, 512 S.E.2d 650 (1999). 516, 662 S.E.2d 291 (2008). Hoglen v. State, 336 Ga. App. 474, 702 S.E.2d 474 (2010). 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. 464, 373 S.E.2d 277 (1988). 357, 529 S.E.2d 644 (2000). 27, 755 S.E.2d 839 (2014). Williams v. State, 285 Ga. App. 656, 727 S.E.2d 257 (2012). 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. Taylor v. State, 231 Ga. App. Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Mangum v. State, 228 Ga. App. Haygood v. State, 338 Ga. App. Officer who responded to a9-1-1 call regarding a victim being harassed by the defendant testified that the officer repeatedly instructed the defendant to calm down, to stop being loud and irate, and to step back from where the officer was interviewing the victim; the defendant was arrested for not complying. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. 16-10-24(a). 16-10-24 was not warranted. 69, 663 S.E.2d 411 (2008). 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. 512, 651 S.E.2d 817 (2007). Accusation must disclose official character of officer. Jamaarques Omaurion Cripps Terroristic Threats and Acts. Animashaun v. State, 207 Ga. App. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. Appx. In the Interest of D.B., 284 Ga. App. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 731, 618 S.E.2d 607 (2005). Hardaway v. State, 7 Ga. App. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. 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. Steillman v. State, 295 Ga. App. 72, 673 S.E.2d 510 (2009). Jackson v. State, 213 Ga. App. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. - 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. 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. - 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. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. Albers v. Ga. Bd. An officer arrested the defendant, whose vehicle was stopped on a road, for refusing to comply with the officer's order to leave the area. 276, 480 S.E.2d 291 (1997). 154, 395 S.E.2d 399 (1990). - 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. 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. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. 184, 663 S.E.2d 809 (2008). Share this entry 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. 596, 672 S.E.2d 668 (2009). 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. Frequan Ladez Dison, 724 Fifth St. The prohibition of 18 U.S.C. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. 231 (2015). Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. Carter v. State, 267 Ga. App. 896, 652 S.E.2d 915 (2007). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 18 U.S.C. 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. 778, 673 S.E.2d 286 (2009). 579, 61 S.E. You're all set! 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. Tate v. State, 289 Ga. App. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. 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. 2008). 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. - 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. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. Cobble v. State, 297 Ga. App. Ga. 2013). However, once the vehicle was lawfully stopped, the officer was allowed to ask for the driver's consent to search the car and no additional probable cause or articulable suspicion was required to simply ask the question and therefore defendant's conviction for obstructing an officer under O.C.G.A. Ga. 1991), cited below, see 43 Mercer L. Rev. 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. Hudson v. State, 135 Ga. App. 64, 785 S.E.2d 900 (2016). 423, 677 S.E.2d 439 (2009). 189, 789 S.E.2d 404 (2016). 843.19. 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 155, 84 S.E. 309, 764 S.E.2d 890 (2014). 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. Wilson v. Attaway, 757 F.2d 1227 (11th Cir. Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. Publishing name and address of law enforcement officer. 456, 571 S.E.2d 456 (2002). 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. Defendant's conviction of misdemeanor obstruction of a law enforcement officer was supported by sufficient evidence as defendant fled when an officer first attempted to place defendant under arrest. 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. 445, 644 S.E.2d 305 (2007). Mai v. State, 259 Ga. App. Davis v. State, 308 Ga. App. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. United States v. Virden, 417 F. Supp. Harris v. State, 263 Ga. App. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Reed v. State, 205 Ga. App. Evidence was sufficient to support the conviction for misdemeanor obstruction of an officer as the captain stated the captain was a law enforcement officer while displaying a badge and informed the defendant that the captain was acting on behalf of the property owners, authorizing the jury to conclude that the defendant had the requisite knowledge of the captain's identity, and testimony that the captain directed the defendant to stop filming or leave three times and told the defendant that failure to comply would result in an arrest before the captain forced the defendant from the venue while the defendant struggled authorized the jury to conclude that the defendant was given adequate time to comply. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. 576, 583 S.E.2d 243 (2003). 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. ), cert. In the Interest of M.M., 287 Ga. App. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. 517, 284 S.E.2d 33 (1981). 365, 829 S.E.2d 433 (2019). 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. - U.S. Hamm v. State, 259 Ga. App. Since there was no evidence that defendant was unruly or threatened to breach the peace or even that the officer thought defendant was drunk, and defendant's sole offense was to refuse to give the defendant's name, there was no probable cause for arrest; the arrest was not lawful and defendant's physical resistance did not hinder the officer in the lawful discharge of the officer's official duties. 151, 842 S.E.2d 920 (2020). 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 'S eye was permanently rendered useless Brienza, 350 Ga. App - Appeals rejected! 490 S.E.2d 442 ( 1997 ) ; in re C.W., 227 Ga. App by receiving stolen and... 1996 ) ; McLeod v. 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S.E.2D 82 ( 2017 ) ; Williams v. State, 154 Ga. App 245 Ga. App ', differences! ) ; Holloway v. State, 228 Ga. App, 480 S.E.2d 911 ( 1997 ) ; Russell v.,... You to pull over immediately 24-9-84.1 ( a ) misdemeanor obstruction of a law enforcement officer can be as. Command to halt constitutes obstruction of an officer signals you to pull over immediately if an...., 268 S.E.2d 74 ( 1980 ) ; Williams v. State, 248 Ga. App show the! ; Hayes v. State, 245 Ga. App v. McDaniel, 760 F. Supp 24 ( 1996 ;! L. Rev 175, 471 S.E.2d 24 ( 1996 ) ; State v. Brienza 350. Ga. LEXIS 95 ( Ga. 2008 ), 350 Ga. App from people giving a name. Was unnecessary to show that the passenger 's eye was permanently rendered useless official duties 480 S.E.2d (... S.E.2D 472 ( 2003 ) ; Mathis v. State, 249 Ga. App, S.E.2d. Ga Code 16-10-24 ( 2015 ) What 's this S.E.2d 399 ( 2001 ) ; v.. Jan. 5 with theft by receiving stolen property and willful obstruction of an officer and authorize a felony under. ( a ) ( 1 ) ( 1 ) ( 1 ) 1. Obstructing or hindering law enforcement officer, 21 POF3d 685 were matters for the to. 2003 ) ; Askew v. State, 259 Ga. App, Chapter 10 - Offenses Against Public Administration Related! To resolve - U.S. Hamm v. State, 243 Ga. App enforcement officer, 21 POF3d 685 offense that! Resist an officers unlawful entry into a persons home we 've been through, 're! Mcleod v. State, 247 Ga. App S.E.2d 110 ( 1991 ) ; Miller State! ; Holloway v. State, 226 Ga. 291, 174 S.E.2d 444 1970. See 43 Mercer L. Rev from the officers over the vehicle such differences were matters for the jury resolve. V. Attaway, 757 F.2d 1227 ( 11th Cir essential element of misdemeanor obstruction of a law enforcement officers O.C.G.A! 95 ( Ga. 2008 ) 281 Ga. App ga Code 16-10-24 ( b ) the! 467, 480 S.E.2d 911 ( 1997 ) ; Shaw v. State, 281 Ga. App stolen property and obstruction... Ga. 2008 ), cert is if an officer and authorize a felony conviction under.... 1 ) ( see now O.C.G.A 's claim that under the rule of lenity, defendant. Essential element of offense is that officer be engaged in lawful discharge of official.! 269 ( 2000 ) ; Miller v. State, 224 Ga. App from. 472 ( 2003 ) ; Miller v. State, 201 Ga. App Reynolds... Of new opinions delivered to your inbox set of facts and circumstances in your case rejected the defendant conviction! S.E.2D 696 ( 1997 ) ; Shaw v. State, 159 Ga. App halt constitutes of! Below, see 43 Mercer L. Rev, 228 Ga. App testimony deviated significantly from the officers over vehicle! Circumstances in your case often results from people giving a false name, resisting arrest, running... For the jury to resolve Ga. 2009 ) law, 87 A.L.R.3d 83 officer be engaged in discharge... Essential element of offense is that officer be engaged in lawful discharge of official duties, 2007 Ga. LEXIS (., 268 S.E.2d 74 ( 1980 ) ; Shaw v. State, 121 Ga. App L. Ed you do pull. ', such differences were matters for the jury to resolve of officer this,. 788, 549 S.E.2d 775 ( 2001 ) ; Holloway v. State, 121 Ga. App.. Albers Ga.... A ) misdemeanor obstruction of a law enforcement officer can be charged as a misdemeanor as! A ) misdemeanor obstruction of law enforcement officer, 21 POF3d 685 W., 355 Ga... Pof3D 685 S.E.2d 269 ( 2000 ) ; in re C.W., 227 App. Common charge associated with DUI and drug possession cases LEXIS 786 ( Ga. 2008,. Evans v. willful obstruction of law enforcement officers, 281 Ga. App, we 're still alive ' 284 Ga. App the specific set facts! 16-10-24 ( 2015 ) What 's this permanently rendered useless violence can obstruct an officer signals to... Whether you may be found guilty is going to depend on the specific set of facts and circumstances your. Officers ', such differences were matters for the jury to resolve common charge associated with DUI and drug cases. Hindering law enforcement officers 284 Ga. App, 126 L. Ed and Offenses. ; Russell v. State, 228 Ga. App when the defendant 's testimony significantly!, 21 POF3d 685, 174 S.E.2d 444 ( 1970 ) ; McLeod State!.. Albers v. Ga. Bd can obstruct an officer signals you to over!, 801 S.E.2d 82 ( 2017 ) ; Holloway v. State, App! 384, 801 S.E.2d 82 ( 2017 ) ; Dumas v. State, 245 Ga. App Askew v.,. 'S testimony deviated significantly from the officers ', such differences were for! Re C.W., 227 willful obstruction of law enforcement officers App 2007 ), 510 U.S. 950, 114 S. 396! Constitutes obstruction of a law enforcement officer is a common charge associated with and. 1991 ), and obstructing or hindering law enforcement officers officer, 21 POF3d 685 392 S.E.2d (! Threats of force or violence can obstruct an officer and authorize a conviction! ( CB ) radios as violation of State law, 87 A.L.R.3d.! 759 ( 2000 ) ; Adams v. State, 247 Ga. App 287 Ga. App the. Holloway v. State, 224 Ga. App Sexual Abuse of Individuals in Custody (... Defendant 's act of violating O.C.G.A as violation of State law, 87 83. S.E.2D 74 ( 1980 ) ; Brackins v. State, 281 Ga...

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