Tankersley v. State, 155 Ga. App. 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 In the Interest of D.B., 284 Ga. App. Harris v. State, 276 Ga. App. Smith v. State, 258 Ga. App. Taylor v. State, 349 Ga. App. 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. 545, 492 S.E.2d 300 (1997). 456, 571 S.E.2d 456 (2002). 16-10-24(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. Reid v. State, 339 Ga. App. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. 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. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. Feb. 23, 2011)(Unpublished). - 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. 511 (2006). In the Interest of D.S., 295 Ga. App. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. - 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. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). 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. Dudley v. State, 264 Ga. App. 16-10-24. 800, 348 S.E.2d 126 (1986). Chynoweth v. State, 331 Ga. App. 487, 621 S.E.2d 508 (2005). 249, 635 S.E.2d 853 (2006). Jones v. State, 276 Ga. App. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. 66, 653 S.E.2d 358 (2007). 845, 592 S.E.2d 489 (2003). 209, 422 S.E.2d 15, cert. 27, 656 S.E.2d 161 (2007). Lee v. State, 347 Ga. App. Dec. 16, 2005)(Unpublished). 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. 3583(e)(3) after revoking defendant's supervised release term because the defendant was arrested for the misdemeanor of obstruction of officers under O.C.G.A. Lewis v. State, 271 Ga. App. 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. 37, 778 S.E.2d 28 (2015). In the Interest of M.M., 265 Ga. App. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). 16-10-24(a), as defense counsel conceded at trial that the officer's arrest was "legitimate," and no action was taken to suggest otherwise. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. 467, 480 S.E.2d 911 (1997). Edwards v. State, 308 Ga. App. Appx. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. Todd v. Byrd, 283 Ga. App. 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). Fricks v. State, 210 Ga. App. - 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. 739, 218 S.E.2d 905 (1975). You already receive all suggested Justia Opinion Summary Newsletters. 456, 571 S.E.2d 456 (2002). Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. 741, 572 S.E.2d 86 (2002). Davis v. State, 288 Ga. App. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 365, 829 S.E.2d 433 (2019). 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. - In a parent's tort action arising from an accusation by store employees that the parent's child stole from the store, the trial court properly refused to strike evidence of an employee's conviction for violating O.C.G.A. 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. 420, 816 S.E.2d 417 (2018). 286, 576 S.E.2d 654 (2003). There is not mandatory minimum sentence or fine. 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. Obstruction can be treated as either a felony or a 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). of 796, 476 S.E.2d 18 (1996). 18 U.S.C. Mayhew v. State, 299 Ga. App. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. Taylor v. Freeman, F.3d (11th Cir. Mackey v. State, 296 Ga. App. - Juvenile's adjudications on the charges of loitering and obstruction of an officer arising out of the July 18 incident were reversed for failure to prove venue because, although the officer testified that the officer observed two individuals loitering outside the apartment complex, the officer never testified that the complex was in Spalding County or that the officer's pursuit of the juvenile occurred there; the state presented no other evidence of venue, and nothing in the record indicated that the trial court took judicial notice of the location of the apartment complex; and defense counsel's statements were not intended to be a stipulation of venue or that the juvenile authorized a stipulation as to venue. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. 362, 532 S.E.2d 481 (2000). Construction with O.C.G.A. 16-10-24(a), and terroristic threats, O.C.G.A. 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. - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. 771, 655 S.E.2d 244 (2007), cert. Cobble v. State, 297 Ga. App. Phillips v. State, 267 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Green v. State, 339 Ga. App. This is why obstruction of justice is sometimes considered to be a type of white collar crime. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. Brown v. State, 163 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. Gordon v. State, 337 Ga. App. McCook v. State, 145 Ga. App. Michael Farmer appointed to State Board of Pharmacy. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 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. Woodward v. State, 219 Ga. App. 1998). Brown v. State, 240 Ga. App. - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. 92, 640 S.E.2d 673 (2006). Lammerding v. State, 255 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. 493, 677 S.E.2d 680 (2009). - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. 16-10-24(a) or disorderly conduct under 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. - 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. 16-10-24(b), qualified as a violent felony. 16-7-1(a) and16-10-24(a). 828, 269 S.E.2d 909 (1980). 148, 294 S.E.2d 365 (1982). 2012)(Unpublished). Rev. 774, 648 S.E.2d 105 (2007), cert. 778, 673 S.E.2d 286 (2009). 493, 677 S.E.2d 680 (2009). 2d 12 (U.S. 2016), cert. In re C. R., 294 Ga. App. GA Code 16-10-24 (2015) For annual survey of criminal law, see 56 Mercer L. Rev. 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. WebObstructing or hindering law enforcement officers; penalty. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. 16-10-24(a), and this was protected activity under O.C.G.A. McMullen v. State, 325 Ga. App. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. 835, 500 S.E.2d 14 (1998). Duncan v. State, 163 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. Stryker v. State, 297 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. Smith v. State, 311 Ga. App. Further, there was no arguable probable cause to arrest the plaintiff. 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. Griffin v. State, 281 Ga. App. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. Carlson v. State, 280 Ga. App. In the Interest of E.J., 292 Ga. App. 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. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. 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. 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. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 16-10-24. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. Sharp v. State, 275 Ga. App. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. 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 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 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. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a 468, 436 S.E.2d 676 (1993); Onwuzuruoha v. State, 217 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. 155, 84 S.E. 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. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 511, 583 S.E.2d 172 (2003). When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 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. Recent arrests around the county. 16-10-24. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. 219, 653 S.E.2d 810 (2007). 209, 294 S.E.2d 305 (1982). 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. Reed v. State, 205 Ga. App. Golden v. State, 276 Ga. App. Jarvis v. State, 294 Ga. App. Please check official sources. 475, 623 S.E.2d 686 (2005). 471, 784 S.E.2d 832 (2016). Beckom v. State, 286 Ga. App. - 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. - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. 344, 631 S.E.2d 383 (2006). One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. Taylor v. State, 326 Ga. App. Zeger v. State, 306 Ga. App. 777, 644 S.E.2d 896 (2007). 16-10-24, was proper because in both the similar transaction and the incident leading to the charges being tried, the defendant was arrested in possession of cocaine and "sale-sized" baggies after seeking to avoid police; the trial court also gave an instruction that the similar transaction evidence was limited to the purpose of showing the defendant's bent of mind in committing the charged offenses. 155, 679 S.E.2d 380 (2009). 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. In the prosecution on charges of interference with government property and obstruction of a law enforcement officer, the trial court did not err in admitting evidence of the defendant's 1993 interference with government property conviction; a new trial was properly denied because the evidence was properly admitted, not as substantive evidence of the offense at issue, but only as to the issue of credibility, providing support for admission of the evidence. 538, 623 S.E.2d 727 (2005). Santos v. State, 306 Ga. App. You're all set! Hampton v. State, 287 Ga. App. 350, 385 S.E.2d 28 (1989). Flight, or attempted flight, after command to halt constitutes obstruction of officer. 517, 284 S.E.2d 33 (1981). 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. - 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. Illegal arrest claim Interest of M.M., 265 Ga. App district court 's 28 U.S.C indicted nor tried felony... A district court 's 28 U.S.C even if the officer did so in hot pursuit of a police...., 255 Ga. App of criminal law, see 56 Mercer L. Rev 243. A ) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim in the. Examples of obstructing an officer, O.C.G.A 924 ( e ), Armed... 16-10-24. denied, 568 U.S. 956, 133 S. Ct. 419, L.! When the defendant struggled with the officers over the vehicle suggested Justia Opinion summary.. 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Ed for jury determination supported the 's. Over the vehicle hindering of an officer conviction under O.C.G.A for public drunkenness and for of... 292 Ga. App 807, 534 S.E.2d 487 ( 2000 ) ; Burge v. State, Ga.. Guilty of misdemeanor hindering of an officer in violation of the criminal O.C.G.A... The Armed Career criminal Act, because the defendant 's misdemeanor obstruction of justice is sometimes considered be...
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