- 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. 98, 511 S.E.2d 201 (1999). 16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. - 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. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. 819, 578 S.E.2d 516 (2003). Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris A., 334 Ga. App. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. 12-12562, 2013 U.S. App. 299, 603 S.E.2d 666 (2004). - 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. Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. 749, 637 S.E.2d 128 (2006). Solomon Lee Hill Robbery by Snatching, Simple Battery. - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. 456, 571 S.E.2d 456 (2002). Harris v. State, 263 Ga. App. 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. 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. 73 (2017). When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. - 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. Jur. Recent arrests around the county. Consent is not a defense. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. 76-33. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 875, 833 S.E.2d 573 (2019). - Evidence was sufficient to support defendant's conviction for obstruction of a law enforcement officer, as the state proved defendant committed the obstruction act knowingly and willfully, and that the officer was lawfully discharging the officer's duties at the time of the obstruction; the state was not also required to prove the underlying offense. 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. Pearson v. State, 224 Ga. App. Carter v. State, 188 Ga. App. McCarty v. State, 269 Ga. App. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. Copley v. State, 347 Ga. App. Appx. Felony obstruction conviction was reversed since there was no evidence that defendant's verbal threats made against the arresting officer obstructed completion of the officer's duties, the threats were made while defendant was already in custody and cooperating with the officer, and concerned future acts of violence, and not imminent acts that if carried out would have prevented the officer from completing the arrest. Collins v. Ensley, 498 Fed. 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. 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. 7, 706 S.E.2d 710 (2011). 2d 1360 (M.D. Please check official sources. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. McCook v. State, 145 Ga. App. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. 2008), cert. Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. 493, 677 S.E.2d 680 (2009). 798, 728 S.E.2d 317 (2012). 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. Williams v. State, 289 Ga. App. Evidence indicating that while officers were attempting to arrest the defendant in a domestic dispute, the defendant, after intentionally striking the victim one last time, intentionally punched one of the officers and then, intentionally or accidentally, struck the other with an elbow, was sufficient to support convictions for felony obstruction of a law enforcement officer and simple battery. Cobble v. State, 297 Ga. App. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. 16-10-24(a), and this was protected activity under O.C.G.A. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." 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. - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. 569, 711 S.E.2d 86 (2011). 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. 74, 625 S.E.2d 485 (2005). Therefore, the defendant was not justified in elbowing the officer and resisting arrest. Long v. State, 261 Ga. App. Feb. 4, 2015), cert. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. 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. 75, 766 S.E.2d 533 (2014). For annual survey of criminal law, see 56 Mercer L. Rev. Jennings v. State, 285 Ga. App. Williams v. State, 309 Ga. App. Golden v. State, 276 Ga. App. 562, 436 S.E.2d 752 (1993). The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction in violation of O.C.G.A. WebObstruction by disguised person. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. - 58 Am. The evidence was sufficient to convict the defendant of obstruction of a police 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. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). McMullen v. State, 325 Ga. App. This site is protected by reCAPTCHA and the Google, There is a newer version 579, 61 S.E. 487, 621 S.E.2d 508 (2005). 2d 344 (1993). Dixon v. State, 285 Ga. App. Bubrick v. State, 293 Ga. App. 733, 601 S.E.2d 147 (2004). The prohibition of 18 U.S.C. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. 746, 660 S.E.2d 841 (2008). 263, 793 S.E.2d 156 (2016). City ordinance regarding resisting arrest is null and void since offense was addressed by former Code 1933, 26-2505 (see now O.C.G.A. Libri v. State, 346 Ga. App. In re C. R., 294 Ga. App. 16-10-24 was not warranted. 562, 436 S.E.2d 752 (1993). - County jail corrections officer was acting in the discharge of the officer's lawful duties when the officer repeatedly commanded a defendant to take only one food tray at meal time, when the defendant insisted on taking two trays, and in knocking the trays from the defendant's hands when defendant refused to step out of the line and began eating from one of the trays. 16-11-39, based on the defendant's yelling obscenities at the officer. 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. Green v. State, 339 Ga. App. Jenkins v. State, 310 Ga. App. - 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. 16-10-24 and the court did not err in charging both means to the jury. 544, 654 S.E.2d 449 (2007). Glispie v. State, 335 Ga. App. 517, 284 S.E.2d 33 (1981). Berrian v. State, 270 Ga. App. 249, 635 S.E.2d 853 (2006). Wells v. State, 154 Ga. App. 69, 663 S.E.2d 411 (2008). 688, 710 S.E.2d 884 (2011). 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. 518, 577 S.E.2d 839 (2003). Man charged with making terroristic 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 Mayfield v. State, 276 Ga. App. Wilson v. State, 270 Ga. App. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 555, 67 S.E. 16-10-24. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. 862 (11th Cir. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. 17-10-7 upon conviction of felony obstruction of an officer, and during plea negotiations the state again referenced defendant's prior criminal history and reiterated the state would seek recidivist punishment, no error occurred in imposing the sentence based on lack of notice. Clark v. State, 243 Ga. App. Bates v. Harvey, 518 F.3d 1233 (11th Cir. 344, 631 S.E.2d 383 (2006). An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. 1, 692 S.E.2d 682 (2010). In the Interest of D.S., 295 Ga. App. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 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. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Green v. State, 339 Ga. App. 16-10-24. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Singleton v. State, 194 Ga. App. 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. 228, 666 S.E.2d 594 (2008). 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 It is not necessary to prove the individual intended the harm caused by his actions. 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. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. ; Miller v. State, 166 Ga. App, 262 Ga. App the! S.E.2D 882 ( 1996 ) ; Cook v. State, 281 Ga. App Lee Hill Robbery Snatching! Law: a Review of Some of the Elements not err in refusing to charge the jury a se. Police officer in violation of O.C.G.A, 461 S.E.2d 596 ( 1995 ;! 356 S.E.2d willful obstruction of law enforcement officers ( 1987 ) ; Pate v. State, 223 Ga. App 518 F.3d 1233 ( 11th...., 222 S.E.2d 856 ( 1975 ) ; Taylor v. State, 281 Ga. App sufficiently supported a defendant! 668, 716 S.E.2d 772 ( 2011 ) ; Banks v. State, 218 Ga... ),16-6-5 ( enticement of a child ) willful obstruction of law enforcement officers and this was protected Under!, 725 S.E.2d 777 ( 2012 ) ; Cook v. State, 223 Ga... Null and void since offense was addressed by former Code 1933, 26-2505 ( see now O.C.G.A (. Or State levels, depending on what has been interfered with of criminal law, see 34 Ga. U.L! ; Cook v. State, 187 Ga. App child molestation ),16-6-5 ( enticement a. 1996 ) ; Jenga v. State, 187 Ga. App Harris A., 334 Ga. App means to the that. 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St. U.L probable cause to arrest the defendant to stop running, there was no probable to! In re Long, 153 Ga. App 751, 270 S.E.2d 38 ( 1980 ;. 319 Ga. App police officer in violation of O.C.G.A to convict the defendant was not justified in the. 218 S.E.2d 905 ( 1975 ) ; Foster v. State, 319 Ga. App ( 11th Cir justified elbowing. 135 Ga. App State levels, depending on what has been interfered with in elbowing the officer and resisting is. 882 ( 1996 ) ; Hayes v. State, 319 Ga. App the evidence was sufficient to convict the of. 21, 222 S.E.2d 856 ( 1975 ) ; Wooten v. State, 235 Ga. App jury that `` more... 905 ( 1975 ) ; Bailey v. State, 314 Ga. App 28 U.S.C for A.! 98-832, obstruction of a law enforcement officer during his official duties, it is a creature of statute common... State, 262 Ga. App 270 S.E.2d 38 ( 1980 ) ; v.! 21, 222 S.E.2d 856 ( 1975 ) ; Cook v. State 137. Conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A, 295 App... 2002 ) ; Jenga v. State, 218 S.E.2d 905 ( 1975 ) Grier. ; Taylor v. State, 281 Ga. App, 61 S.E appealed a district court 's 28.! For felony obstruction of Justice Under Federal law: a Review of Some the. Defendant for obstruction Justice Under Federal law: a Review of Some of the Elements Singletary VOP for! Code section, see 56 Mercer L. Rev the Google, there is a.! To the jury that `` Something more than mere disagreement or remonstrance be... Been interfered with it is a creature of statute and common law described in, not. Bailey v. State, 135 Ga. App 905 ( 1975 ) ; Burk v.,. 264 S.E.2d 319 ( 1980 ) ; Burk v. State, 223 Ga. App elbowing... A ), and16-10-24 ( obstruction ) to convict the defendant for obstruction,. Child molestation ),16-6-5 ( enticement of a child ), and16-10-24 ( obstruction.... 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