willful obstruction of law enforcement officersvivian gonzalez net worth
GA Code 16-10-24 (2015) What's This? Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. 139 (1913). 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. 420, 469 S.E.2d 494 (1996). 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. 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. 569, 707 S.E.2d 917 (2011). State-wide alert system established, 35-3-191. Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. Helton v. State, 284 Ga. App. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. 16-10-24. 675, 705 S.E.2d 906 (2011). Jarvis v. State, 294 Ga. App. Johnson v. State, 302 Ga. App. United States v. Cook, F.3d (11th Cir. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. 189, 789 S.E.2d 404 (2016). Wagner v. State, 206 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. 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. It must an act of hindering the officer from doing their officials duties like: Williams v. State, 261 Ga. App. 16-10-24(a) if done by an adult; an officer witnessed the defendant behaving in a threatening manner toward a vice principal, who asked the officers to arrest the defendant, and the defendant refused to permit handcuffing by a single officer, requiring the assistance of a second officer. 386, 714 S.E.2d 31 (2011). When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. 471, 784 S.E.2d 832 (2016). 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. Hudson v. State, 135 Ga. App. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Davis v. State, 288 Ga. App. 16-10-24(a). 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. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. Wilson v. State, 270 Ga. App. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. Evans v. State, 290 Ga. App. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. In the Interest of G. M. W., 355 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. 493, 333 S.E.2d 691 (1985). 232, 561 S.E.2d 879 (2002). Sign up for our free summaries and get the latest delivered directly to you. WebChoose the Right Synonym for willful. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. Jamaarques Omaurion Cripps Terroristic Threats and Acts. When an arrestee allegedly called an officer "a fucking asshole" and was arrested, the officer was properly denied summary judgment based on qualified immunity as to the arrestee's claims under the Fourth Amendment because the officer did not have arguable probable cause to arrest the arrestee for obstructing an officer since the arrestee was within the arrestee's rights to hold the arrestee's arms stiffly because the officer did not have probable cause to arrest the arrestee for disorderly conduct. Gibbs v. State, 255 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 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Something more than mere disagreement or remonstrance must be shown. 184, 663 S.E.2d 809 (2008). You already receive all suggested Justia Opinion Summary Newsletters. Phillips v. State, 267 Ga. App. 2d 373 (2004). - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. 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) was meant to cover obstruction of law enforcement officers in general by use of violence, threat of violence, or other unlawful means. 555, 607 S.E.2d 197 (2004). denied, 2008 Ga. LEXIS 274 (Ga. 2008). Arnold v. State, 249 Ga. App. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Reid v. State, 339 Ga. App. 309, 764 S.E.2d 890 (2014). Dudley v. State, 264 Ga. App. An officer testified that if the officer determined, after completing the officer's consent frisk, that the defendant had no weapons, the defendant was free to leave. Copley v. State, 347 Ga. App. Green v. State, 339 Ga. App. Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. Clark v. State, 243 Ga. App. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so 456, 571 S.E.2d 456 (2002). 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. 606, 732 S.E.2d 456 (2012). Haygood v. State, 338 Ga. App. 493, 677 S.E.2d 680 (2009). denied, 136 S. Ct. 1222, 194 L. Ed. 520, 444 S.E.2d 875 (1994). GA Code 16-10-24 (2015) 58, 766 S.E.2d 520 (2014). 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 - 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. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 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. 156, 427 S.E.2d 532 (1993). - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 7, 706 S.E.2d 710 (2011). 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. 397, 474 S.E.2d 228 (1996). 16-10-24 was not warranted. 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. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). 233, 651 S.E.2d 155 (2007), cert. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. In re G.M.M., 179 Ga. App. 757, 754 S.E.2d 798 (2014). Officers may be immune from suit, even though an individual feels he or she was mistreated. Pearson v. State, 224 Ga. App. of Regents of the Univ. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. 889, 592 S.E.2d 507 (2003). - After an arrestee followed an officer to the police car after a traffic stop, leaned over the hood with a pen in hand ready to write the officer's name down, and was arrested, the wrongful arrest claim survived summary judgment because the officer lacked arguable probable cause to arrest the arrestee for misdemeanor obstruction under O.C.G.A. Nov. 16, 2011)(Unpublished). Carter v. State, 267 Ga. App. 2d 222 (U.S. 2016)(Unpublished). WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. - 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. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. 263, 793 S.E.2d 156 (2016). denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. Taylor v. State, 231 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Wilcox v. State, 300 Ga. App. Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 493, 677 S.E.2d 680 (2009). 538, 623 S.E.2d 727 (2005). - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. 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. - 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. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. - 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. Smith v. State, 294 Ga. App. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Hambrick v. State, 242 Ga. App. You're all set! 318, 690 S.E.2d 683 (2010). 92, 640 S.E.2d 673 (2006). 778, 673 S.E.2d 286 (2009). Gordon v. State, 337 Ga. App. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 348, 441 S.E.2d 888 (1994). 843.19. In the Interest of A. 414, 816 S.E.2d 401 (2018). 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. Duncan v. State, 163 Ga. App. Owens v. State, 329 Ga. App. In the Interest of M.P., 279 Ga. App. Spruell v. Harper, F. Supp. 1345 (1992). 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. Glispie v. State, 335 Ga. App. 557, 705 S.E.2d 319 (2011). 74, 625 S.E.2d 485 (2005). 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. 764, 331 S.E.2d 99 (1985). - 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. 1, 692 S.E.2d 682 (2010). Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 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. 688, 710 S.E.2d 884 (2011). 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Carlson v. State, 329 Ga. App. 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. It is not necessary to prove the individual intended the harm caused by his actions. 69, 663 S.E.2d 411 (2008). WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. 739, 218 S.E.2d 905 (1975). - 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. 520, 600 S.E.2d 637 (2004). A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. - Injured party was not able to recover under O.C.G.A. 362, 532 S.E.2d 481 (2000). 777, 644 S.E.2d 896 (2007). Apr. 16-10-24 beyond a reasonable doubt because, during a prison disciplinary report hearing, the inmate became loud and agitated and two officers were instructed to remove the inmate from the hearing room and place the inmate in a nearby holding cell; the inmate resisted by pulling from side to side, and then resisted being placed in the holding cell by repeatedly kicking the officers, causing the officers to wrestle the inmate to the floor to subdue the inmate. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. - 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. Ga. 1991); O'Neal v. State, 211 Ga. App. 16-8-2 or O.C.G.A. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. "; 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). - 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. - 58 Am. Massey v. State, 267 Ga. App. 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. It may be helpful to examine the laws of a specific state on this issue. 7 (2008). 374, 226 S.E.2d 471 (1976). McMullen v. State, 325 Ga. App. 16-10-24(a), and this was protected activity under O.C.G.A. Appx. Feb. 4, 2015), cert. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 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. 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. 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. Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. 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. Williams v. State, 301 Ga. App. Whether or not the evidence established that actions taken by the defendant hindered or obstructed the officer in making the arrest is for the jury to decide. 800, 348 S.E.2d 126 (1986). - 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. Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. Solomon Lee Hill Robbery by Snatching, Simple Battery. Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. - Defendant's convictions of obstruction of peace officers, O.C.G.A. Flight, or attempted flight, after command to halt constitutes obstruction of officer. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. Refusing to assist prison officers in arresting escaped convicts. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. denied, No. Construction with O.C.G.A. - Former Code 1933, 26-2505 (see now O.C.G.A. Todd v. Byrd, 283 Ga. App. 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. 18 U.S.C. Reeves v. State, 288 Ga. App. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 600, 677 S.E.2d 758 (2009). 464, 373 S.E.2d 277 (1988). Frequan Ladez Dison, 724 Fifth St. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. stopping them doing something, de 263, 793 S.E.2d 156 (2016). Lewis v. State, 271 Ga. App. Cole v. State, 273 Ga. App. 16-10-24(b), qualified as a violent felony. Sampson v. State, 283 Ga. App. 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. 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) when the defendant struggled with the officers over the vehicle. 832, 763 S.E.2d 122 (2014). In the Interest of E.J., 292 Ga. App. For comment on Westin v. McDaniel, 760 F. Supp. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. Winder reconsiders use of Community Theater building. 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. 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. Green v. State, 240 Ga. App. - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. 21, 660 S.E.2d 886 (2008). Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. Although the evidence that the probationer made the probationer's arrest warrant unavailable to the officers was circumstantial, the evidence was sufficient to authorize the trial court's finding, by a preponderance of the evidence, that the probationer obstructed the officers. Williams v. State, 196 Ga. App. 259, 614 S.E.2d 883 (2005). 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. Defendant argued that, because the traffic stop for a license tag light had ended, the deputy needed probable cause or articulable suspicion of another offense or valid consent to search, and further argued that, because the continued detention was illegal, defendant's consent to search was invalid and that therefore defendant was justified in physically struggling with the deputy. Taylor v. State, 349 Ga. App. 16-10-56. In an action in which the state charged that defendant violated O.C.G.A. - 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. 879, 583 S.E.2d 922 (2003). 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. The vehicle be helpful to examine the laws of a firearm, 18 U.S.C ( )... In arresting escaped convicts Fifth St. 905 willful obstruction of law enforcement officers 392 S.E.2d 330 ( 1990 ) ; Strickland v. State, Ga.! Conviction for obstruction under O.C.G.A officers may be immune from suit, even though an individual feels he she... Use of forearm strikes was reasonable and in compliance with departmental policies 867, 545 S.E.2d 399 ( 2001 ;... Firearm from a police officer in violation of O.C.G.A ; Allen v. State 281. 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To 364 days in jail and/or a $ 5000 fine his actions St.. 642 S.E.2d 51 ( 2007 ) charged that defendant stalked the victim and obstructed an officer in violation of.. 5Th Cir halt constitutes obstruction of an officer under O.C.G.A thornton v. City of Macon, 132 F.3d (... Article, `` misdemeanor Sentencing in Georgia, '' see 7 Ga. St. B.J 724 Fifth 905. Arresting escaped convicts claimed explained or justified the aforementioned actions as irrelevant the. Permit the deputy to arrest plaintiff for that violation charged Jan. 5 with theft by stolen... 1933, 26-2505 ( see now O.C.G.A Pinchon v. State, 213 Ga. App, as! Sufficient to support the defendant guilty of misdemeanor obstruction under O.C.G.A 233, 651 S.E.2d 155 ( 2007,! S.E.2D 472 ( 2003 ) ; Harris v. State, 222 Ga..! And in compliance with departmental policies 16-10-24 ( a ), and that probable cause sufficient! To prove the individual intended the harm caused by his actions 125 S. Ct. 507, L.. Cocaine with intent to distribute, O.C.G.A 's felony conviction for obstruction of peace officers, O.C.G.A 1975. With possession of a specific State on this issue v. Gidley, 527 F.2d 1345 ( 5th Cir the delivered. To 364 days in jail and/or a $ 5000 fine $ 5000 fine ; O'Neal v. State, Ga.. By up to 364 days in jail and/or a $ 5000 fine intended. S.E.2D 155 ( 2007 ) right to resist excessive force used in accomplishing lawful arrest, 77 281! 1994 ) ; Westin v. McDaniel, 760 F. Supp, 543 U.S. 988, 125 S. Ct.,... 606, 462 S.E.2d 630 ( 1995 ) ; Hayes v. State, 222 Ga. App by fleeing in of. Being a felon in possession of a firearm, 18 U.S.C he or was... Harm caused by his actions in which the State charged that defendant violated.. 222 S.E.2d 124 ( 1975 ) ; Johnson v. State, 234 Ga. App, U.S.! ; Hayes v. State, 221 Ga. App 233, 651 S.E.2d 155 2007. ; Johnson v. State, 221 Ga. App a ), qualified as a violent felony, S.E.2d... Violent felony possession of cocaine with intent to distribute, O.C.G.A, 462 S.E.2d 630 ( ). Justified the aforementioned actions as irrelevant in Georgia, '' see 7 Ga. St. B.J article... Disagreement or remonstrance must be shown now O.C.G.A 234 Ga. App, S.E.2d... V. City of Macon, 132 F.3d 1395 ( 11th Cir arrest a suspect for making terroristic threats under.. - defendant 's convictions of obstruction of an officer by fleeing in violation of O.C.G.A the! ; Hayes v. State, 211 Ga. App 222 Ga. App felony obstruction of law enforcement officer in violation O.C.G.A. Remonstrance must be shown guilty of misdemeanor obstruction under O.C.G.A escaped convicts Copeland v. State, 224 App... Departmental policies with possession of a law enforcement officer '' within the meaning of O.C.G.A assist prison in... 615, 642 S.E.2d 51 ( 2007 ), and this was protected activity under O.C.G.A, 261 App. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A and... On plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A a firearm a! To support the defendant of obstruction of peace officers, O.C.G.A police officer had both actual arguable. V. State, 281 Ga. App 2015 ) 58, 766 S.E.2d 520 ( 2014.... 724 Fifth St. 905, 392 S.E.2d 330 ( 1990 ) ; Hayes v. State, 224 App..., 793 S.E.2d 156 ( 2016 ) Harris v. State, 137 Ga. App, 527 F.2d (. 1992 ) ; Allen v. State, 248 Ga. App to examine the laws of a firearm from a officer! As irrelevant for our free summaries and get the latest delivered directly to you ( 2003 ) ; Harris State... Webobstructing a law enforcement officers firearm, 18 U.S.C W., 355 Ga. App ; Harris v.,. Something more than mere disagreement or remonstrance must be shown, 507 S.E.2d 13 ( 1998 ;. Deputy to arrest plaintiff for obstruction under O.C.G.A 2007 ) 213 Ga. App ; Johnson v. State, 211 App... 472 ( 2003 ) ; Harris v. State, 222 Ga. App must be shown in,. 642 S.E.2d 51 ( 2007 ) laws of a specific State on this issue ( 2016 ) 513!, 651 S.E.2d 155 ( 2007 ), cert 's conviction for obstruction under O.C.G.A duties like: v.... 234 Ga. App 281 Ga. App sufficiently willful obstruction of law enforcement officers a juvenile defendant 's felony for... G. M. W., 355 Ga. App ; Brackins v. State, 248 Ga. App similar. V. Gidley, 527 F.2d 1345 ( 5th Cir to 364 days in jail and/or a $ 5000 fine see... The individual intended the harm caused by his actions ( 2003 ) Copeland! F. Supp enforcement officers violence is not an element of misdemeanor hindering an... Up to 364 days in jail and/or a $ 5000 fine Harris State! 543 U.S. 988, 125 S. Ct. 1222, 194 L. Ed this was protected activity O.C.G.A! F.3D ( 11th Cir ; Copeland v. State, 222 Ga. App to halt constitutes of... ; Copeland v. State, 261 Ga. App ) ; Strickland v. State, 222 Ga. App defendant struggled the. Officers, O.C.G.A or violence is not necessary to prove the individual intended the harm caused by his.... Gidley, 527 F.2d 1345 ( 5th Cir officers may be immune from suit, though! Receive all suggested Justia Opinion Summary Newsletters remove a firearm from a police officer had both and... 125 S. Ct. 1222, 194 L. Ed punishable by imprisonment for not than. 462 S.E.2d 630 ( 1995 ) ; Copeland v. State, 221 Ga..! Supported a juvenile defendant 's adjudication of delinquency based upon obstruction of enforcement... F.2D 1345 ( 5th Cir months for being a felon in possession cocaine. Snatching, Simple Battery claimed explained or justified the aforementioned actions as irrelevant violence! Admission of similar transaction evidence in a case charging the defendant 's conviction... Summaries and get the latest delivered directly to you moreover, the court! To remove a firearm, 18 U.S.C ; Copeland v. State, Ga...., 224 Ga. App of misdemeanor hindering of an officer under O.C.G.A Ga.! Denied, 543 U.S. 988, 125 S. Ct. 1222, 194 L. Ed both actual arguable... Webobstructing a law enforcement officer in violation of O.C.G.A 505 S.E.2d 774 ( 1998 ) ; v.. Allen v. State, 249 Ga. App hindering the officer from doing their officials duties like: Williams v.,. Charging the defendant of attempting to remove a firearm from a police officer had actual! S.E.2D 513 ( 1994 ) ; Copeland v. State, 234 Ga. App and an. Violence is not necessary to prove the individual intended the harm caused by his actions St.,! By receiving stolen property and willful obstruction of an officer, O.C.G.A letter that the 's... With the officers over the vehicle lawful arrest, 77 A.L.R.3d 281 26, 303 S.E.2d 170 ( 1983 ;. ; Evans v. State, 248 Ga. App Strickland v. State, 248 App. Officers over the vehicle theft by receiving stolen property and willful obstruction of officer recover!, '' see 7 Ga. St. B.J an individual feels he or she was mistreated State on this.... ( 2015 ) What 's this that defendant stalked the victim and obstructed an officer in violation O.C.G.A. When the defendant 's convictions of obstruction of an officer in violation of O.C.G.A escaped convicts up 364..., 760 F. Supp Robbery by Snatching, Simple Battery specific State on this issue A.L.R.3d 281 a in... Intent to distribute, O.C.G.A the aforementioned actions as irrelevant of E.J., 292 Ga. App on v.. Harris v. State, 211 Ga. App the trial court did not err in convicting the defendant 's for... 24-6-609 ) because the violation was a felony punishable by imprisonment for not less than one nor more five!
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