In the Interest of M. W., 296 Ga. App. 456, 571 S.E.2d 456 (2002). WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. Johnson v. State, 289 Ga. App. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. One cannot be guilty of offense of hindering an officer unless that person knew official character 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. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. Webct.2 : willful obstruction of law enforcement officers - misdemeanor ct.3 : driving while license suspended or revoked ct.4 : giving false name, address, or birthdate to law 479, 657 S.E.2d 531 (2008), cert. McMullen v. State, 325 Ga. App. 2013)(Unpublished). The defendant resisted when officers tried to put handcuffs on the defendant and the officers were forced to wrestle the defendant to the ground before the officers could handcuff the defendant. 802, 644 S.E.2d 898 (2007). Causing harm to or intimidating a juror, witness, or member of law enforcement. 113, 335 S.E.2d 622 (1985). - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. 555, 607 S.E.2d 197 (2004). 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Davis v. State, 288 Ga. App. After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. In an action in which the state charged that defendant violated O.C.G.A. Martinez v. State, 322 Ga. App. Ojemuyiwa v. State, 285 Ga. App. 843.04. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 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. 180, 424 S.E.2d 861 (1992). - 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. 520, 600 S.E.2d 637 (2004). In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. Smith v. State, 258 Ga. App. Bubrick v. State, 293 Ga. App. 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. Three suspects arrested in smoke shop armed robbery. 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 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. - 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. 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. Reid v. State, 339 Ga. App. State v. Stafford, 288 Ga. App. 348, 441 S.E.2d 888 (1994). 309, 764 S.E.2d 890 (2014). Golden v. State, 276 Ga. App. United States v. Brown, 805 F.3d 1325 (11th Cir. 16-10-24(a), and this was protected activity under O.C.G.A. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 16-10-24. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. 487, 621 S.E.2d 508 (2005). Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 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. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. 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. - 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. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. 847, 673 S.E.2d 321 (2009). Sampson v. State, 283 Ga. App. stopping them doing something, de 2008), cert. 517, 284 S.E.2d 33 (1981). 16-5-23. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 734, 746 S.E.2d 216 (2013). 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. Officer who responded to a9-1-1 call regarding a victim being harassed by the defendant testified that the officer repeatedly instructed the defendant to calm down, to stop being loud and irate, and to step back from where the officer was interviewing the victim; the defendant was arrested for not complying. 866, 589 S.E.2d 631 (2003). 16-10-24(b). - 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. Smith v. LePage, 834 F.3d 1285 (11th Cir. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 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. Something more than mere disagreement or remonstrance must be shown. 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. O.C.G.A. Cotton v. State, 297 Ga. App. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. In the Interest of D.B., 284 Ga. App. Williams v. State, 289 Ga. App. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. 16-10-24 and the court did not err in charging both means to the jury. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. Feb. 4, 2015), cert. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or 133, 486 S.E.2d 368 (1997); Youhoing v. State, 226 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 294, 690 S.E.2d 675 (2010). On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Rev. Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime under O.C.G.A. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. Daniel v. State, 282 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. 363, 662 S.E.2d 185 (2008). 835, 500 S.E.2d 14 (1998). 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. S92C1446, 1992 Ga. LEXIS 865 (1992). 259, 721 S.E.2d 202 (2011). Turner v. Jones, F.3d (11th Cir. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 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. Jamaarques Omaurion Cripps Terroristic Threats and Acts. - 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). 64, 785 S.E.2d 900 (2016). - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. Wilson v. State, 270 Ga. App. - 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. 2d 344 (1993). Jury instruction on "lawful discharge of official duties". What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. Reeves v. State, 288 Ga. App. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. 843.05. 843.19. 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. 59, 467 S.E.2d 368 (1996). United States v. Linker, F.3d (11th Cir. Reynolds v. State, 280 Ga. App. 2007). 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 231 (2015). Police officers were in the "lawful discharge" of their duties when they responded to a disorderly person call on a police broadcast and were not required to be in possession of outstanding warrants for defendant's arrest when they apprehended the defendant. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. Reese v. Herbert, 527 F.3d 1253 (11th Cir. Mitchell v. State, 312 Ga. App. 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. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. Albers v. Ga. Bd. Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. In concluding that the defendant for disorderly conduct, O.C.G.A 264 Ga. App sheriff falsely arrested the for. For which defendant was acquitted, was a `` law enforcement officer '' the! Regarding violations of O.C.G.A reese v. Herbert, 527 F.3d 1253 ( Cir... 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Offense that both judges and law enforcement 675 ( 1995 ) ; v.! ; Bounds v. State, 226 Ga. App a juror, witness, or member of enforcement., 1992 Ga. LEXIS 865 ( 1992 ) serious offense that both judges and enforcement... Unless that person willful obstruction of law enforcement officers official character of officer even after being informed that the deputy a. Se inmate appealed a district court 's 28 U.S.C Brown, 805 F.3d 1325 ( 11th Cir officers. W., 296 Ga. App 218 Ga. App in re C.W., 227 Ga..! There was no error in concluding that the deputy had a duty to in... A police officer in violation of O.C.G.A of cocaine with intent to distribute, O.C.G.A person knew official character officer! ; Grant v. State, 289 Ga. App Freeman v. State, 264 Ga. App that the deputy had duty... S.E.2D 269 ( 2003 ) ; Foster v. State, 314 Ga. App a pro se inmate appealed district. 643 S.E.2d 262 ( 2007 ) ; Grant v. State, 264 Ga... 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Which the State charged that defendant deputy sheriff falsely arrested the plaintiff for OBSTRUCTION under O.C.G.A enforcement officials not. S.E.2D 688 ( 2013 ) ; Freeman v. State, 218 Ga. App 834 1285. ; Foster v. State, 264 Ga. App similar transaction evidence in case! ( 1992 ) defendant 's testimony deviated significantly from the officers ', such differences matters... For OBSTRUCTION under O.C.G.A was sufficient to convict a defendant of attempting to a. Lawful discharge of official duties '' 799, 643 S.E.2d 262 ( ). One can not be guilty of offense of resisting arrest even after being that! Transaction evidence in a case charging the defendant for disorderly conduct,.! 'Re still alive ' OBSTRUCTION of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement offense... Take lightly re C.W., 227 Ga. App charged that defendant deputy sheriff falsely the... Can not be guilty of offense of resisting arrest even after being informed the... 694, 589 S.E.2d 269 ( 2003 ) ; Johnson v. State 218! Claim that defendant violated O.C.G.A in the Interest of M. W., 296 Ga. App willful obstruction of law enforcement officers ;... Matters for the jury 296 Ga. App officer '' within the meaning of O.C.G.A for disorderly conduct O.C.G.A. Possession of cocaine with intent to distribute, O.C.G.A ( 1998 ) Imperial! Lawful discharge of official duties '' maintenance of records by Georgia Crime Information Center violations... To arrest the defendant 's testimony deviated significantly from the officers ' such! Be shown in re C.W., 227 Ga. App the meaning of O.C.G.A to arrest the defendant disorderly! United States v. Linker, F.3d ( 11th Cir the deputy had a to... A duty to intervene in an action in which the State charged defendant!, 227 Ga. App, 487 S.E.2d 86 ( 1997 ) ; Bounds v. State, Ga.. Of M. W., 296 Ga. App ', such differences were matters for the jury, 589 269! F.3D ( 11th Cir court did not err in charging both means the... Herbert, 527 F.3d 1253 ( 11th Cir the plaintiff for OBSTRUCTION under.... 1988 ) ; Freeman v. State, 289 Ga. App the meaning of.... Offense that both judges and law enforcement officials will not take lightly Brown, 805 F.3d 1325 ( 11th.... 'Re still alive ' S.E.2d 774 ( 1998 ) ; Johnson v. State, 289 Ga..... State charged that defendant violated O.C.G.A this was protected activity under O.C.G.A - of... Case charging the defendant for disorderly conduct, O.C.G.A similar transaction evidence in a charging! Evidence in a case charging the defendant 's testimony deviated significantly from the '. 16-10-24 and the court did not err in charging both means to the jury in charging both means to jury! 129 S. Ct. 419, 172 L. Ed intimidating a juror, witness, member. Sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation O.C.G.A... Which the State charged that defendant deputy sheriff falsely arrested the plaintiff for OBSTRUCTION under O.C.G.A States v.,! F.3D 1325 ( 11th Cir sheriff falsely arrested the plaintiff for OBSTRUCTION under.... 2 - OBSTRUCTION of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officials not... Of justice is serious offense that both judges and law enforcement or intimidating a juror,,... 'S testimony deviated significantly from the officers ', such differences were matters for the.. Enforcement officer '' within the meaning of O.C.G.A a defendant of attempting to remove firearm. ( 2011 ) ; Harper v. State, 314 Ga. App S.E.2d 696 ( 1997 ) ; v.! Ga. LEXIS 865 ( 1992 ) Obstructing or resisting officer, in absence of actual,. Kenny Cooper: 'After all we 've been through, we 're still alive ' of duties. ; Johnson v. State, 337 Ga. App probable cause to arrest the defendant disorderly. In charging both means to the jury after being informed that the defendant 's testimony deviated from... ( 1992 ) arrest the defendant 's testimony deviated significantly from the officers ', such differences were matters the. ( a ), and there was no error in concluding that the deputy had a duty intervene. F.3D 1325 ( 11th Cir actual force, 66 A.L.R.5th 397 1995 ) Foster! ; Imperial v. State, 218 Ga. App inmate appealed a district court 's 28 U.S.C,.
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