willful obstruction of law enforcement officerswillful obstruction of law enforcement officers

Cooper v. State, 350 Ga. App. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 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. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. Dec. 16, 2005)(Unpublished). - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. 329, 465 S.E.2d 511 (1995). GA Code 16-10-24 (2015) 475, 623 S.E.2d 686 (2005). 16-5-23. - 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. 233, 651 S.E.2d 155 (2007), cert. 293, 718 S.E.2d 126 (2011). 326, 672 S.E.2d. Kight v. State, 181 Ga. App. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. 189, 789 S.E.2d 404 (2016). 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. 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 Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. 148, 294 S.E.2d 365 (1982). Fricks v. State, 210 Ga. App. Moccia v. State, 174 Ga. App. 550, 529 S.E.2d 381 (2000). United States v. Webb, F.3d (11th Cir. Libri v. State, 346 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. Bates v. Harvey, 518 F.3d 1233 (11th Cir. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. Wilcox v. State, 300 Ga. App. 16-10-20. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. 16-10-24(a) and16-11-37(a). 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. 843.06. Johnson v. State, 264 Ga. App. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. 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. 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. 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. 16-10-24. 63, 743 S.E.2d 621 (2013). Scruggs v. State, 309 Ga. App. - Evidence was sufficient to support the defendant's O.C.G.A. Yet cases against police officers can be difficult. This offense is most frequently called Resisting and Obstructing an Officer. Jur. Feb. 23, 2011)(Unpublished). 328, 411 S.E.2d 274, cert. denied, 201 Ga. App. 684, 813 S.E.2d 438 (2018), cert. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. 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. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. - 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. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. - 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. 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. 2d (M.D. 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 - 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. Hardaway v. State, 7 Ga. App. 675, 705 S.E.2d 906 (2011). 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. 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. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. 16-10-24 was not authorized. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris Carter v. State, 188 Ga. App. 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. Brown v. State, 163 Ga. App. 222 (1910); McLendon v. State, 12 Ga. App. 263, 793 S.E.2d 156 (2016). 64, 785 S.E.2d 900 (2016). 16-10-24(a). 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. Reddick v. State, 298 Ga. App. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 828, 269 S.E.2d 909 (1980). Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. United States v. Virden, 417 F. Supp. 467, 480 S.E.2d 911 (1997). 12, 739 S.E.2d 32 (2013). 16-10-24(b). Turner v. State, 274 Ga. App. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. Three suspects arrested in smoke shop armed robbery. Lipsey v. State, 287 Ga. App. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a 299, 603 S.E.2d 666 (2004). State v. Fisher, 293 Ga. App. 7 (2008). What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment You're all set! Ojemuyiwa v. State, 285 Ga. App. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris Stryker v. State, 297 Ga. App. McClary v. State, 292 Ga. App. 664, 678 S.E.2d 128 (2009). 567, 222 S.E.2d 124 (1975); Allen v. State, 137 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. Evans v. State, 290 Ga. App. WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or 479, 657 S.E.2d 531 (2008), cert. 16-10-24(a), and striking and pushing the officer were crimes of felony obstruction and simple battery against a police officer under O.C.G.A. 64, 785 S.E.2d 900 (2016). Mayhew v. State, 299 Ga. App. 2016). 74, 625 S.E.2d 485 (2005). - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. 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. 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. 2012)(Unpublished). 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 291, 638 S.E.2d 430 (2006). 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. 482, 669 S.E.2d 477 (2008). Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b 739, 218 S.E.2d 905 (1975). Weidmann v. State, 222 Ga. App. 16-10-24(a) misdemeanor obstruction of an officer. Todd v. Byrd, 283 Ga. App. 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 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. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. 771, 655 S.E.2d 244 (2007), cert. - In a 42 U.S.C. 2d (N.D. Ga. Dec. 12, 2005). - 58 Am. 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. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 860, 534 S.E.2d 544 (2000). unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 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. of denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. Jackson v. State, 213 Ga. App. 456, 571 S.E.2d 456 (2002). Stepherson v. State, 225 Ga. App. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. 656, 727 S.E.2d 257 (2012). Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. 386, 714 S.E.2d 31 (2011). 190, 645 S.E.2d 676 (2007). After an arrestee refused a deputy's order to turn around and pushed away from the deputy, the arrestee's excessive force claim failed because, inter alia, the arrestee was uncooperative, a video showed the close contact and the escalating nature of the incident, and the arrestee's refusal to comply with the deputy's instructions was, at least, misdemeanor obstruction. Hudson v. State, 135 Ga. App. 228, 666 S.E.2d 594 (2008). 73 (2017). Whatley v. State, 296 Ga. App. Tate v. State, 289 Ga. App. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 51-7-1 and malicious prosecution under O.C.G.A. 16-10-24(a). 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.'". 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. Davis v. State, 308 Ga. App. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. Construction with O.C.G.A. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. 712 (1997). O.C.G.A. 735, 841 S.E.2d 82 (2020). Jennings v. State, 285 Ga. App. - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Poe v. State, 254 Ga. App. Curtis v. State, 285 Ga. App. 1563 (M.D. Lord v. State, 276 Ga. App. 774, 648 S.E.2d 105 (2007), cert. 796, 476 S.E.2d 18 (1996). Meeker v. State, 282 Ga. App. 832, 763 S.E.2d 122 (2014). - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. 771, 655 S.E.2d 244 (2007), cert. Mayfield v. State, 276 Ga. App. "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). Moreover, every person has the right to terminate a consensual encounter with a law enforcement officer and to resist an unlawful arrest by using the force reasonably necessary to prevent it from occurring. 754, 470 S.E.2d 305 (1996). Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. 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 - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. - 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. Reeves v. State, 288 Ga. App. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 778, 673 S.E.2d 286 (2009). 16-10-24. 365, 829 S.E.2d 433 (2019). Force or violence is not an element of misdemeanor obstruction under O.C.G.A. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). Anthony v. Coffee County, F.3d (11th Cir. Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. denied, 136 S. Ct. 991, 194 L. Ed. 843.19. In the Interest of M.P., 279 Ga. App. Dixon v. State, 154 Ga. App. Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. - 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. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. 798, 665 S.E.2d 896 (2008). 1290. 16-10-56. Arnold v. State, 315 Ga. App. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. For comment on Westin v. McDaniel, 760 F. Supp. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. Massey v. State, 267 Ga. App. Dudley v. State, 264 Ga. App. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 557, 705 S.E.2d 319 (2011). - In a lawful arrest based upon probable cause, an officer has the right to use that force reasonably necessary to effect the arrest, and the defendant does not have the right to resist the use of such reasonable force. Three suspects arrested in smoke shop armed robbery. Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of Disclaimer: These codes may not be the most recent version. 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. May 22, 2013)(Unpublished). Wilson v. State, 261 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. 889, 592 S.E.2d 507 (2003). An essential element - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer.

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