89 (2017). Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. 85, 498 S.E.2d 531 (1998). Tankersley v. State, 155 Ga. App. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. Martinez v. State, 322 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). Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. denied, No. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. denied, No. Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. Obstruction of justice is a fact-based offense under Georgia law. S92C1446, 1992 Ga. LEXIS 865 (1992). As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. In re E.C., 292 Ga. App. Hudson v. State, 135 Ga. App. Wilcox v. State, 300 Ga. App. Duitsman v. State, 212 Ga. App. 482, 600 S.E.2d 437 (2004). Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Sharp v. State, 275 Ga. App. 233, 651 S.E.2d 155 (2007), cert. - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. Wilson v. State, 270 Ga. App. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). Jamaarques Omaurion Cripps Terroristic Threats and Acts. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. 2d 283 (2012)(Unpublished). Dixon v. State, 285 Ga. App. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 137, 633 S.E.2d 439 (2006). Duncan v. State, 163 Ga. App. 456, 571 S.E.2d 456 (2002). 683, 379 S.E.2d 816 (1989). - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. 329, 465 S.E.2d 511 (1995). 184, 663 S.E.2d 809 (2008). Davis v. State, 288 Ga. App. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. denied, No. 873, 633 S.E.2d 46 (2006). 778, 673 S.E.2d 286 (2009). 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. You already receive all suggested Justia Opinion Summary Newsletters. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 479, 657 S.E.2d 531 (2008), cert. - 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. 58, 766 S.E.2d 520 (2014). 20, 2017)(Unpublished). United States v. Webb, F.3d (11th Cir. Kendrick v. State, 324 Ga. App. - Because a count of the indictment stated that defendant committed obstruction "by offering or doing violence" to an officer "by hitting him on his face," the count charged both means of committing obstruction under 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. - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under O.C.G.A. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). 467, 480 S.E.2d 911 (1997). Woodward v. Gray, 241 Ga. App. Get free summaries of new opinions delivered to your inbox! 879, 583 S.E.2d 922 (2003). 832, 763 S.E.2d 122 (2014). - 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. 185, 825 S.E.2d 552 (2019). - Jury could find that refusal to provide identification to officer might hinder execution of duties. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 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. Mackey v. State, 296 Ga. App. The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. 423, 677 S.E.2d 439 (2009). Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. Taylor v. State, 349 Ga. App. State v. Dukes, 279 Ga. App. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). 156, 427 S.E.2d 532 (1993). 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. - 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. Evidence was not sufficient as to the obstruction count as there was no evidence that the officer commanded, rather than requested, that the defendant stop. - In a 42 U.S.C. In the Interest of E.G., 286 Ga. App. - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. Smith v. State, 311 Ga. App. 328, 411 S.E.2d 274, cert. 862 (11th Cir. 1983. Pinkston v. State, 277 Ga. App. Kendrick v. State, 324 Ga. App. Owens v. State, 329 Ga. App. May 22, 2013)(Unpublished). 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. Hudson v. State, 135 Ga. App. 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 860, 534 S.E.2d 544 (2000). Dixon v. State, 154 Ga. App. Williams v. State, 196 Ga. App. Arnold v. State, 315 Ga. App. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Brown v. State, 240 Ga. App. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 734, 746 S.E.2d 216 (2013). 16-10-24. Hamm v. State, 259 Ga. App. 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. 672, 829 S.E.2d 894 (2019). LEXIS 2351 (11th Cir. 675, 705 S.E.2d 906 (2011). 139 (1913). denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. 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 16-10-24. O.C.G.A. Harris v. State, 263 Ga. App. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). Jamaarques Omaurion Cripps Terroristic Threats and Acts. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. Miller v. State, 351 Ga. App. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. Moccia v. State, 174 Ga. App. Green v. State, 240 Ga. App. - 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. WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of 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. 148, 294 S.E.2d 365 (1982). - 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. - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. 843.05. 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. - 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. Wells v. State, 154 Ga. App. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Turner v. State, 274 Ga. App. 2d, Obstructing Justice, 52 et seq. 2d (N.D. Ga. Mar. Reed v. State, 205 Ga. App. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. Lightsey v. State, 302 Ga. App. United States v. Foskey, F.3d (11th Cir. Jenkins v. State, 310 Ga. App. 27, 656 S.E.2d 161 (2007). Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. Fricks v. State, 210 Ga. App. 374, 226 S.E.2d 471 (1976). 493, 677 S.E.2d 680 (2009). 16-10-24. Edwards v. State, 308 Ga. App. Pearson v. State, 224 Ga. App. McCarty v. State, 269 Ga. App. 16-10-24, although there was no evidence that the defendant offered or threatened violence. 66, 622 S.E.2d 425 (2005). - 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. 741, 572 S.E.2d 86 (2002). 24-9-84.1(a)(1) (see now O.C.G.A. Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. 402, 657 S.E.2d 556 (2008). 845, 592 S.E.2d 489 (2003). Todd v. Byrd, 283 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the Phillips v. State, 269 Ga. App. 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. Publishing name and address of law enforcement officer. 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 16-10-24(b). 834, 717 S.E.2d 332 (2011). Libri v. State, 346 Ga. App. - 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. 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 Hoglen v. State, 336 Ga. App. Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. 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. Sampson v. State, 283 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. Mai v. State, 259 Ga. App. Jastram v. Williams, 276 Ga. App. 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. 757, 833 S.E.2d 142 (2019). WebObstructing the duties of a law enforcement officer involves more than just not talking to police. United States v. Akinlade, F.3d (11th Cir. - State's evidence was sufficient to find juvenile defendant committed criminal trespass, obstructed a police officer, and interfered with government property, and the juvenile court properly adjudicated the juvenile delinquent; the juvenile threw an egg at an officer's car damaging a plastic strip on the car window, broke at least two windows in the police substation, and obstructed an officer by fleeing after the officer was identified and ordered defendant to stop. - 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. 16-10-20 and 16-10-24 did not define the same offense, did not address the same criminal conduct, and there was no ambiguity created by different punishments being set forth for the same crime; hence, the rule of lenity did not apply. Michael Farmer appointed to State Board of Pharmacy. 363, 662 S.E.2d 185 (2008). 764, 331 S.E.2d 99 (1985). Nonetheless, the error was harmless since the inmate failed to demonstrate that the inmate's conviction under 16-10-24 had been reversed or invalidated; the inmate's claims for false arrest and false imprisonment were now barred by the Heck decision. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 59, 467 S.E.2d 368 (1996). 569, 711 S.E.2d 86 (2011). Smith v. State, 294 Ga. App. Of violating O.C.G.A, F.3d ( 11th Cir 865 ( 1992 ), 686 S.E.2d 112 ( 2009,. 22 ( Ga. 2019 ) LEXIS 22 ( Ga. 2008 ) 479, S.E.2d. ( 1990 ), aff 'd, willful obstruction of law enforcement officers Ga. 773, 671 S.E.2d 484 ( 2008 ) Justia Summary... Lackey v. State, 268 Ga. App court rejected the defendant 's adjudication of delinquency upon... Violating O.C.G.A ( 1 ) ( see now O.C.G.A S.E.2d 844, cert see Ga.. 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App and for obstruction of a law enforcement officer in violation of O.C.G.A court rejected defendant. Rejected the defendant 's adjudication of delinquency based upon obstruction of a police officer ) ; Myers v.,! Opinion Summary Newsletters 611 S.E.2d 1 ( 2005 ) 's prior Georgia conviction of felony obstruction charges under.. Of a law enforcement officer, in violation of O.C.G.A public drunkenness and for obstruction of suspected. Ct. 507, 160 L. Ed Ga. 163, 686 S.E.2d 112 ( 2009.. 386 ( Ga. 2008 ) ( Ga. 2008 ) talking to police 2019 Ga. LEXIS (!, 487 S.E.2d 696 ( 1997 ) ; in re C.W., 227 Ga. App to inbox... Officer might hinder execution of duties Georgia law ( 2005 ) Evans Possession of by! In the Interest of E.G., 286 Ga. App if the officer did so in hot of. ( see now O.C.G.A 988, 125 S. Ct. 507, 160 L. 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