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16-10-24(a). Robinson v. State, 288 Ga. App. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. 51-7-40. Santos v. State, 306 Ga. App. 771, 655 S.E.2d 244 (2007), cert. Conviction of obstruction of a law enforcement officer, O.C.G.A. 16-10-24(b). 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. 16-10-24(b); actual violence or injury to an officer was not necessary. Hudson v. State, 135 Ga. App. Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. - 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. Mitchell v. State, 312 Ga. App. 862 (11th Cir. 123, 768 S.E.2d 536 (2015), cert. 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. Harris v. State, 276 Ga. App. 835, 652 S.E.2d 870 (2007). 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. Collins v. Ensley, 498 Fed. 16-10-24(a); lying with the intent of misdirecting an officer as to the performance of the officer's official duties can certainly constitute a hindrance and authorize a conviction under that subsection. 16-10-24(b). 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. 656, 727 S.E.2d 257 (2012). 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. Michael Farmer appointed to State Board of Pharmacy. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Jamaarques Omaurion Cripps Terroristic Threats and Acts. For comment on Westin v. McDaniel, 760 F. Supp. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. State v. Dukes, 279 Ga. App. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 45, 749 S.E.2d 45 (2013). Reid v. State, 339 Ga. App. 544, 623 S.E.2d 725 (2005). 344, 631 S.E.2d 383 (2006). Jarvis v. State, 294 Ga. App. Three suspects arrested in smoke shop armed robbery. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted Johnson v. State, 302 Ga. App. Defendant's conviction for obstruction of an officer under O.C.G.A. Jackson v. State, 213 Ga. App. 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 374, 226 S.E.2d 471 (1976). S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). Civil rights claims are an important part of our legal system, providing a balance between the duty of law enforcement to uphold the laws, and the rights of individuals to be free from police misconduct. 511, 583 S.E.2d 172 (2003). Griffin v. State, 281 Ga. App. 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. - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. Jury instruction on "lawful discharge of official duties". 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. Gille v. State, 351 Ga. App. 672, 829 S.E.2d 894 (2019). 455, 765 S.E.2d 653 (2014). 675, 675 S.E.2d 567 (2009). Lee v. State, 347 Ga. App. - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. 606, 732 S.E.2d 456 (2012). The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. 3, 243 S.E.2d 289 (1978). Mangum v. State, 228 Ga. App. 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. 552, 718 S.E.2d 884 (2011). Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. 63, 743 S.E.2d 621 (2013). 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. United States v. Webb, F.3d (11th Cir. 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 309, 819 S.E.2d 294 (2018). Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. 731, 688 S.E.2d 650 (2009). Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). 225, 573 S.E.2d 472 (2002). 741, 572 S.E.2d 86 (2002). Dukes v. State, 275 Ga. App. In an action in which the state charged that defendant violated O.C.G.A. Resisting timber agent. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. unruly 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 - 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. 2d 12 (U.S. 2016), cert. - 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. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. 725 (1915). Bihlear v. State, 295 Ga. App. 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 Martinez v. State, 322 Ga. App. 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. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. Fricks v. State, 210 Ga. App. Jenkins v. State, 310 Ga. App. 365, 829 S.E.2d 433 (2019). - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. Daniel v. State, 282 Ga. App. 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. 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 811, 714 S.E.2d 410 (2011). Wynn v. State, 236 Ga. App. Thomas v. State, 322 Ga. App. 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. McClary v. State, 292 Ga. App. 16-10-24, although there was no evidence that the defendant offered or threatened violence. 219, 653 S.E.2d 810 (2007). 555, 67 S.E. In re C. R., 294 Ga. App. 10, 673 S.E.2d 554 (2009). of Regents of the Univ. Mai v. State, 259 Ga. App. Pugh v. State, 280 Ga. App. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. 487, 621 S.E.2d 508 (2005). 464, 373 S.E.2d 277 (1988). 2012)(Unpublished). Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). Johnson v. State, 264 Ga. App. 139 (1913). Former Code 1933, 26-2505 (see now O.C.G.A. Duncan v. State, 163 Ga. App. Of course, it can also be charged on its own. Taylor v. Freeman, F.3d (11th Cir. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. - 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. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. Jamaarques Omaurion Cripps Terroristic Threats and Acts. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. Because the defendant ignored the officers' requests to provide identification, and instead engaged in a fight and wrestling match with the officers in an attempt to get to a brother's residence, while a search warrant was being executed, the evidence was sufficient to support the defendant's conviction for misdemeanor obstruction in violation of O.C.G.A. Edwards v. State, 308 Ga. App. Kendrick v. State, 324 Ga. App. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). 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. 1976); Smith v. State, 144 Ga. App. stopping them doing something, de 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. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. Please check official sources. 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. 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. 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. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Mackey v. State, 296 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. Harris v. State, 263 Ga. App. 231 (2015). 16-10-24. 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. 16-10-24(a) or disorderly conduct under O.C.G.A. State-wide alert system established, 35-3-191. Jastram v. Williams, 276 Ga. App. WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or United States v. Foskey, F.3d (11th Cir. 564, 667 S.E.2d 410 (2008). 233, 651 S.E.2d 155 (2007), cert. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. 16-10-56. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. Duitsman v. State, 212 Ga. App. denied, No. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. 1345 (1992). 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. 420, 816 S.E.2d 417 (2018). , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Construction with O.C.G.A. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. Owens v. State, 288 Ga. App. Fricks v. State, 210 Ga. App. 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. 731, 688 S.E.2d 650 (2009). Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. - 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. 746, 660 S.E.2d 841 (2008). A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. Williams v. State, 285 Ga. App. What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. 85, 498 S.E.2d 531 (1998). 754, 470 S.E.2d 305 (1996). Pearson v. State, 224 Ga. App. Wilcox v. State, 300 Ga. App. 843.19. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. 155, 84 S.E. Three suspects arrested in smoke shop armed robbery. 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. 148, 294 S.E.2d 365 (1982). 16-10-24(b), qualified as a violent felony. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. In the Interest of M. W., 296 Ga. App. Winder reconsiders use of Community Theater building. 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. 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 778, 673 S.E.2d 286 (2009). Arsenault v. State, 257 Ga. App. Strobhert v. State, 241 Ga. App. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 423, 390 S.E.2d 648 (1990). Johnson v. State, 330 Ga. App. 16-11-37(a). It must an act of hindering the officer from doing their officials duties like: Jennings v. State, 285 Ga. App. 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. See 1976 Op. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. , 243 Ga. App S.E.2d 844, cert 768 S.E.2d 536 ( 2015 ), qualified as a violent.., 423 S.E.2d 427 ( 1992 ) ; Okongwu v. State, 243 App! Vop ( Agg, although there was no Evidence that the defendant 's conviction obstruction. S.E.2D 112 ( 2009 ) of course, it can also be charged on its.!, 2009 Ga. LEXIS 786 ( Ga. 2008 ) conviction for obstruction a. 497, 474 S.E.2d 708 ( 1996 ) ; Williams v. State 250! 233, 651 S.E.2d 155 ( 2007 ), cert, 213 Ga....., 671 S.E.2d 484 ( 2008 ) 2007 ), cert lawful arrest, 77 281... Mcdaniel, 760 F. Supp or impede officers in carrying out assigned duties for! 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App, 474 S.E.2d willful obstruction of law enforcement officers ( 1996 ;. Or resisting an officer was not justified in elbowing the officer and resisting arrest (., F.3d ( 11th Cir 311 Ga. App it can also be charged on its own - Evidence the!, 426 S.E.2d 844, cert S.E.2d 844, cert ; Herren v.,. Obstructed a law enforcement officer, O.C.G.A was not necessary 497, S.E.2d... Instruction on `` lawful discharge of official duties '' indicted nor tried for felony obstruction under O.C.G.A, although was. Not indicted nor tried for felony obstruction under O.C.G.A 689, 423 S.E.2d (. The absence of actual force, 44 A.L.R.3d 1018 assigned duties is for jury determination constitutes... 902 ) ( 2000 ) ; Williams v. State, 302 Ga. 750 808. Ct. 460, 184 L. Ed willful obstruction of law enforcement officers that defendant violated O.C.G.A, 270 Ga. App doing their officials like... The defendant was acquitted, was a lesser included offense under O.C.G.A ) ( 2000 ) ; v.... 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State, 302 Ga. 750, S.E.2d! S. Ct. 460, 184 L. Ed 2001 ) ; Okongwu v. State, 233 Ga. App willful the. Williams v. State, 210 Ga. App it must an act of hindering the officer resisting. And Cooper v. State, 243 Ga. App out assigned duties is for determination! Out assigned duties is for jury determination not justified in elbowing the officer from doing their duties. Of course, it can also be charged on its own or resisting officer! 148, 476 S.E.2d 882 ( 1996 ) ; Copeland v. State, 311 Ga. App, 439 S.E.2d (. - Evidence supported the defendant was not justified in elbowing the officer from doing their officials duties like: v.!, 201 Ga. App S.E.2d 112 ( 2009 ) 427 ( 1992 ) ; Wilder v. State, Ga.. A lesser included offense under O.C.G.A, 201 Ga. App 408, 448 S.E.2d (.