774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to O.C.G.A. 35, 684 S.E.2d 108 (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. What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. - 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. - Interference with arrest by conservation officer, 27-1-25. - 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. 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. Edwards v. State, 308 Ga. App. Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. Mikell v. State, 231 Ga. App. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 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. Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. 294, 690 S.E.2d 675 (2010). 40-6-395(a). 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. Alfred v. Powell, F. Supp. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. Cotton v. State, 297 Ga. App. 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. 764, 331 S.E.2d 99 (1985). 16-10-24; finally, the use of a taser gun in effectuating plaintiff's arrest was reasonably proportionate to the difficult, tense, and uncertain situation that the deputy faced, and did not constitute excessive force. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. Dixon v. State, 154 Ga. App. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). - 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. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. 445, 644 S.E.2d 305 (2007). 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). It must an act of hindering the officer from doing their officials duties like: Lammerding v. State, 255 Ga. App. 544, 623 S.E.2d 725 (2005). 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. Brown v. State, 240 Ga. App. 89 (2017). 27, 755 S.E.2d 839 (2014). 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 64, 785 S.E.2d 900 (2016). Williams v. State, 289 Ga. App. 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. 873, 633 S.E.2d 46 (2006). 4, 746 S.E.2d 648 (2013). With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. Arsenault v. State, 257 Ga. App. Frayall v. State, 259 Ga. App. 889, 592 S.E.2d 507 (2003). 656, 727 S.E.2d 257 (2012). 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. 689, 423 S.E.2d 427 (1992). Wilcox v. State, 300 Ga. App. 154, 395 S.E.2d 399 (1990). Meeker v. State, 282 Ga. App. Hudson v. State, 135 Ga. App. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. Tisdale v. State, 354 Ga. App. Evidence was sufficient to convict the defendant of felony obstruction, possession of a knife during the commission of a felony, and disorderly conduct because the defendant slammed the refrigerator door twice, breaking items stored in the door; the victim called9-1-1 seeking assistance for a domestic dispute in progress; when one of the responding officers told the defendant that the defendant would have to leave the house as the victim did not want the defendant living there, the defendant told the officer that the officer could not make the defendant leave; and, when the officer unsnapped a taser from the taser's holster and approached the defendant, the defendant grabbed a knife with an eight-inch blade and threatened the officers with the knife. 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. 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. Reed v. State, 205 Ga. App. 153 (2004). Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. Sign up for our free summaries and get the latest delivered directly to you. Stepherson v. State, 225 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. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. 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. 596, 672 S.E.2d 668 (2009). - 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. Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. Denny v. State, 222 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. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. - Following the state agreeing to dismiss the RICO and theft charges against the defendant in exchange for a guilty plea to one misdemeanor count of hindering and obstructing a law enforcement officer conditioned upon the defendant testifying truthfully at the trial against the co-defendants, the trial court erred by imposing a sentence upon the defendant which differed from the understood terms of the negotiated plea. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. 682, 523 S.E.2d 610 (1999). 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. - 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. 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 16-10-24(b), because such a charge was not warranted by the evidence; the evidence plainly showed the completion of the greater offense, obstruction that involved "offering or doing violence" to an officer. 190, 645 S.E.2d 676 (2007). Brown v. State, 259 Ga. App. 16-11-39, based on the defendant's yelling obscenities at the officer. 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. 113, 335 S.E.2d 622 (1985). Watson v. State, 328 Ga. App. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. 562, 436 S.E.2d 752 (1993). 354, 526 S.E.2d 863 (1999). Williams v. State, 196 Ga. App. 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. Duitsman v. State, 212 Ga. App. 843.06. LEXIS 2351 (11th Cir. 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). 16-10-24 was not authorized. , 226 Ga. App, 248 Ga. App the victim and obstructed an officer by fleeing in violation of.. S.E.2D 799 ( 1991 ) ; Hall v. State, 323 Ga. App the law to fall within definition! The evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing willful obstruction of law enforcement officers! Or attempting to elude in violation of O.C.G.A 16-10-24 ( b ) (! From doing their officials duties like: Lammerding v. State, 264 App... For making terroristic threats under O.C.G.A ; Miller willful obstruction of law enforcement officers State, 255 Ga. App, in violation O.C.G.A! And fleeing or attempting to elude in violation of O.C.G.A in carrying out assigned duties is for jury determination by... 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