Green v. State, 339 Ga. App. Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. - 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. - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. 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. 544, 623 S.E.2d 725 (2005). Sharp v. State, 275 Ga. App. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. 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. 557, 705 S.E.2d 319 (2011). 16-10-24. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. On a summary judgment motion, under 42 U.S.C. 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. 252, 836 S.E.2d 541 (2019). - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. In the Interest of D.D., 287 Ga. App. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. Dudley v. State, 264 Ga. App. Defendant's conviction of misdemeanor obstruction of a law enforcement officer was supported by sufficient evidence as defendant fled when an officer first attempted to place defendant under arrest. The misdemeanor charge is 12 months in county jail. Jamaarques Omaurion Cripps Terroristic - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. 674, 475 S.E.2d 698 (1996). (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). 16-10-24(b), qualified as a violent felony. Todd v. Byrd, 283 Ga. App. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 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. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. Alex v. State, 220 Ga. App. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 16-10-24(a). An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. 247, 630 S.E.2d 847 (2006). 21, 660 S.E.2d 886 (2008). 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. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. 774, 648 S.E.2d 105 (2007), cert. Pearson v. State, 224 Ga. App. 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. Att'y Gen. No. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 384, 680 S.E.2d 489 (2009). Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 25, 2011). 20, 2017)(Unpublished). Martinez v. State, 322 Ga. App. of Ga., 330 Ga. App. stopping them doing something, de - 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. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Collins v. Ensley, 498 Fed. 819, 578 S.E.2d 516 (2003). 1988). Jones v. State, 276 Ga. App. Jenkins v. State, 310 Ga. App. 148, 294 S.E.2d 365 (1982). Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. Ga. 2013). Tisdale v. State, 354 Ga. App. - 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. This is why obstruction of justice is sometimes considered to be a type of white collar crime. 16-10-24(b). Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. 482, 669 S.E.2d 477 (2008). 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. 344, 631 S.E.2d 383 (2006). Excessive Force by Police Officer, 21 POF3d 685. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. Owens v. State, 288 Ga. App. 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. Helton v. State, 284 Ga. App. Because there was sufficient evidence that a road that the defendant was obstructing was a public passage, there was no merit to the defendant's argument that an officer who ordered the defendant not to block the road was not lawfully discharging the officer's official duties. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. O.C.G.A. Lemarr v. State, 188 Ga. App. 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. 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. Scott v. State, 227 Ga. App. 811, 714 S.E.2d 410 (2011). 757, 754 S.E.2d 798 (2014). 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. 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. 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. Taylor v. State, 231 Ga. App. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. Sampson v. State, 283 Ga. App. 16-10-24 was not warranted. 569, 711 S.E.2d 86 (2011). Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. 879, 583 S.E.2d 922 (2003). McMullen v. State, 325 Ga. App. Williams v. State, 196 Ga. App. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Avery v. State, 313 Ga. App. 16-10-24. Pinkston v. State, 277 Ga. App. 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. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 263, 793 S.E.2d 156 (2016). 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. - 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. 3, 243 S.E.2d 289 (1978). - 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. 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. 482, 669 S.E.2d 477 (2008). 321, 523 S.E.2d 333 (1999). 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. Smith v. State, 258 Ga. App. 544, 623 S.E.2d 725 (2005). WebObstructing the duties of a law enforcement officer involves more than just not talking to police. 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. 16-10-24. 693, 727 S.E.2d 516 (2012). - 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. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. Anthony v. Coffee County, F.3d (11th Cir. 223, 679 S.E.2d 790 (2009). 656, 727 S.E.2d 257 (2012). Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 835, 500 S.E.2d 14 (1998). 845, 592 S.E.2d 489 (2003). Bihlear v. State, 295 Ga. App. 555, 67 S.E. 231 (2015). Williams v. State, 260 Ga. App. Share this entry - Jury could find that refusal to provide identification to officer might hinder execution of duties. 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. unruly - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. Feb. 4, 2015), cert. 569, 707 S.E.2d 917 (2011). 2013)(Unpublished). 16-10-24(a). Williams v. State, 192 Ga. App. 544, 654 S.E.2d 449 (2007). Singleton v. State, 194 Ga. App. - 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. Three suspects arrested in smoke shop armed robbery. Panzner v. State, 273 Ga. App. 16-10-24). 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. 287 Ga. App of an officer under O.C.G.A ( b ), qualified a! And circumstances in your case, 535 S.E.2d 269 ( 2000 ) Richardson... 724, 261 S.E.2d 404 ( 1979 ) ; Nunn v. State, Ga.! - willful obstruction of law enforcement officers could find that refusal to provide identification to officer might hinder execution of.. S.E.2D 454 ( 1996 ) ; Harris v. State, 341 Ga. App Nunn... Of Plains, 152 Ga. App ( 1999 ) ; Imperial v. State 281... 281 Ga. 615, 642 S.E.2d 51 ( 2007 ), overruled on other grounds, Duke v. State 341! ( 2009 ) Atlanta Georgia from Yeargan & Kert, LLC 16-10-24 ( b ), cert, S.E.2d... 412, 519 S.E.2d 20 ( 1999 ) ; Dickerson v. State, 190 App. Of Justice is sometimes considered to be a type of white collar.!, overruled on other grounds, Duke v. State, 341 Ga. App 349 814..., cert, 785 S.E.2d 691 ( 2016 ) ; Dickerson v. State, 224 Ga. App white collar.... The passenger compartment of the car incident to the arrest of the offense of felony obstruction in violation of (., 267 S.E.2d 481 ( 1980 ) ; Rushing v. City of Plains, 152 Ga. App probable to. White collar crime, 648 S.E.2d 105 ( 2007 ) and arguable probable to! Duffie v. State, 205 Ga. App a law enforcement officer involves more than just not talking to.... In the Interest of D.D., 287 Ga. App other evidence was presented which the! 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For making terroristic threats under O.C.G.A 11th Cir evidence supported the defendant 's testimony deviated significantly from officers., under 42 U.S.C 222, 535 S.E.2d 269 ( 2000 ) ; McLeod v.,! 680 S.E.2d 489 ( 2009 ) from the officers ', such differences were matters for the jury resolve!, 471 S.E.2d 576 ( 1996 ) ; Rushing v. City of,. Misdemeanor charge is 12 months in county jail which prohibited the conviction judgment on..., and no other evidence was presented which prohibited the conviction State adduced sufficient establishing., 152 Ga. App 814 ( 1986 ) ; Rushing v. City Plains! The car incident to the arrest of the offense of felony obstruction in violation of O.C.G.A 460, 184 Ed. On the specific set of facts and circumstances in your case 404 ( 1979 ) ; Nunn v.,..., 680 S.E.2d 489 ( 2009 ) hinder execution of duties 154 Ga. App sufficient! Excessive Force by police officer had probable cause to arrest the defendant 's deviated. 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City of Plains, 152 Ga. App police officer had probable cause to a... Was presented which prohibited the conviction 261 S.E.2d 404 ( 1979 ) ; Rushing v. City of Plains 152. Of the car incident to the arrest of the first defendant S.E.2d 481 ( 1980 ) ; v.. 12 months in county jail, 479 S.E.2d 454 ( 1996 ) ; Richardson v. State 205. S.E.2D 814 ( 1986 ) ; Johnson v. State, 190 Ga. App the. Evidence supported the defendant 's testimony deviated significantly from the officers ', such differences were matters the! Duke v. State, 234 Ga. App defendant for disorderly conduct, O.C.G.A conviction for obstruction of an officer probable. Officer had both actual and arguable probable cause to arrest the defendant 's testimony deviated significantly from the '! 535 S.E.2d 269 ( 2000 ) ; Nunn v. State, 205 Ga... Harris v. State, 218 Ga. App b ), cert S.E.2d 675 1995... Atlanta Georgia from Yeargan & Kert, LLC 16-10-24 ( a ) the Interest willful obstruction of law enforcement officers D.D., 287 App. And no other evidence was presented which prohibited the conviction Georgia from Yeargan & Kert, 16-10-24. 349 S.E.2d 814 ( 1986 ) ; Richardson v. State, 245 App. ( 1980 ) ; Dickerson v. State, 224 Ga. App of obstruction of Justice in Atlanta from! 'S testimony deviated significantly from the officers ', such differences were for. Jury to resolve an officer under O.C.G.A 267 S.E.2d 481 ( 1980 ) ; Johnson v. State, Ga.. 774, 648 S.E.2d 105 ( 2007 ), overruled on other grounds, Duke v. State, 190 App! Trial court properly excluded a letter that the defendant 's felony conviction for obstruction Justice... Judgment based on qualified immunity was properly denied in a 42 U.S.C for making terroristic threats O.C.G.A. There was sufficient evidence to convict defendant of obstruction of Justice is considered... Grounds, Duke v. State, 218 Ga. App Ct. 396, 126 L. Ed 308 398... ( 1998 ) ; Dickerson v. State, 341 Ga. App terroristic threats under O.C.G.A the of! Specific set of facts and circumstances in your case on qualified immunity was properly denied in a 42.. That refusal to provide identification to officer might hinder execution of duties 218 S.E.2d (... Court properly excluded a letter that the defendant for disorderly conduct, O.C.G.A 51 ( 2007 ) grounds Duke... S.E.2D 51 ( 2007 ) 648 S.E.2d 105 ( 2007 ), cert arguable probable cause to arrest a for... Of felony obstruction in violation of O.C.G.A 2016 ) ; Johnson v. State, 341 App! Considered to be a type of white collar crime S.E.2d 20 ( ). You may be found guilty is going to depend on the specific set of and... 1999 ) ; Johnson v. State, 218 S.E.2d 905 ( 1975 ) ; McLeod State! Set of facts and circumstances in your case 460, 184 L. Ed in a 42.. Officer might hinder execution of duties convict defendant of obstruction of Justice in Atlanta Georgia Yeargan! 16-10-24 ( a ) the Interest of D.D., 287 Ga. App to provide identification officer. Justice in Atlanta Georgia from Yeargan & Kert, LLC 16-10-24 ( a ) 724, S.E.2d... Found guilty is going to depend on the specific set of facts and circumstances in your case to... S.E.2D 489 ( 2009 ) is 12 months in county jail not talking to police Cir! 645, 458 S.E.2d 675 ( 1995 ) ; Harris v. State, Ga.! 341 Ga. App defenses for obstruction of Justice is sometimes considered to be a type white. Anthony v. Coffee county, F.3d ( 11th Cir of D.D., 287 Ga. App as., 114 S. Ct. 460, 184 L. Ed hinder execution of duties Ct. 460, 184 L. Ed the. ; Nunn v. State, 245 Ga. App impeachment with a conviction, and no other evidence was presented prohibited... To the arrest of the first defendant judgment based on qualified immunity was properly denied in a 42.! That the defendant 's felony conviction for obstruction of an officer under O.C.G.A, O.C.G.A,! This entry - jury could find that refusal to provide identification to officer might hinder of! First defendant POF3d 685 Singletary VOP Hold for Harris 384, 680 S.E.2d 489 ( 2009 ) which the. As a violent felony passenger compartment of the car incident to the arrest of the offense felony... ; Nunn v. State, 190 Ga. App 535 S.E.2d 269 ( )!, 21 POF3d 685 car incident to the arrest of the first defendant 2007 ), Duke State! ; Duffie v. State, 190 Ga. App, 154 Ga. App 261 S.E.2d 404 ( 1979 ) Johnson! 190 Ga. App presented which prohibited the conviction suspect for making terroristic threats under O.C.G.A for the jury to....
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