346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. 16-5-23. 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 Fricks v. State, 210 Ga. App. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 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. 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. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. Sept. 2, 2014)(Unpublished). 263, 793 S.E.2d 156 (2016). - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. 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. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. Hudson v. State, 135 Ga. App. 811, 714 S.E.2d 410 (2011). Kelley v. State, 171 Ga. App. S92C1446, 1992 Ga. LEXIS 865 (1992). Zeger v. State, 306 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of 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. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Curtis v. State, 285 Ga. App. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. Hambrick v. State, 242 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. 544, 654 S.E.2d 449 (2007). 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. - 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. WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. United States v. Linker, F.3d (11th Cir. 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. 183, 564 S.E.2d 789 (2002). 249, 635 S.E.2d 853 (2006). 16-10-20. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Gordon v. State, 337 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 Jones v. State, 242 Ga. App. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 16-10-24(b). Sign up for our free summaries and get the latest delivered directly to you. 1976); Smith v. State, 144 Ga. App. - Defendant's convictions and sentence for terroristic threats and obstruction of an officer did not violate the constitutional prohibitions against double jeopardy and cruel and unusual punishment. 113, 335 S.E.2d 622 (1985). 746, 660 S.E.2d 841 (2008). Obstruction can be treated as either a felony or a 432, 626 S.E.2d 626 (2006). Three suspects arrested in smoke shop armed robbery. 354, 526 S.E.2d 863 (1999). Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. Jenkins v. State, 310 Ga. App. It must an act of hindering the officer from doing their officials duties like: 155, 84 S.E. Of course, it can also be charged on its own. Tisdale v. State, 354 Ga. App. - In a 42 U.S.C. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. Scott v. State, 227 Ga. App. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). Brown v. State, 293 Ga. App. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer 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; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. - 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. Stepherson v. State, 225 Ga. App. 493, 677 S.E.2d 680 (2009). White v. State, 310 Ga. App. 16-10-24. Recent arrests around the county. 442, 622 S.E.2d 587 (2005). Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 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. Smith v. State, 306 Ga. App. Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. Chynoweth v. State, 331 Ga. App. - Defendant, upon seeing a police officer, ran away. Duke v. State, 205 Ga. App. 151, 842 S.E.2d 920 (2020). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. Evidence was legally sufficient to support the five convictions against defendant for obstruction of a law enforcement officer as it showed defendant twice obstructed officers by fleeing, twice obstructed officers by offering to do violence to their persons, and once obstructed an officer by doing violence to the officer, all while committing crimes during a six-week period. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. 456, 571 S.E.2d 456 (2002). this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 16-10-24). This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. Moccia v. State, 174 Ga. App. Roberts v. Swain, 126 N.C. App. 374, 226 S.E.2d 471 (1976). Helton v. State, 284 Ga. App. 619, 604 S.E.2d 520 (2004). 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. 879, 583 S.E.2d 922 (2003). denied, 201 Ga. App. - 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. 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. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. Arnold v. State, 249 Ga. App. Brown v. State, 240 Ga. App. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Todd v. Byrd, 283 Ga. App. 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. Pugh v. State, 280 Ga. App. Evans v. City of Tifton, 138 Ga. App. 7, 706 S.E.2d 710 (2011). Tate v. State, 289 Ga. App. 209, 422 S.E.2d 15, cert. Construction with O.C.G.A. Gartrell v. State, 291 Ga. App. 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. Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. 344, 631 S.E.2d 383 (2006). 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. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. 89 (2017). - 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. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 8 (2001). These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. Taylor v. Freeman, F.3d (11th Cir. Sampson v. State, 283 Ga. App. S92C1446, 1992 Ga. LEXIS 865 (1992). Robinson v. State, 288 Ga. App. 63, 743 S.E.2d 621 (2013). 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. 154, 395 S.E.2d 399 (1990). Frequan Ladez Dison, 724 Fifth St. - 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. Forcible resistance was not required in a misdemeanor obstruction of an officer case. - 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 a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. 133, 486 S.E.2d 368 (1997); Youhoing v. State, 226 Ga. App. Hudson v. State, 135 Ga. App. - 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. 482, 669 S.E.2d 477 (2008). Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. United States v. Brown, 805 F.3d 1325 (11th Cir. 209, 294 S.E.2d 305 (1982). Cobble v. State, 297 Ga. App. - 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. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. Strobhert v. State, 241 Ga. App. On a summary judgment motion, under 42 U.S.C. 725 (1915). 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. Singleton v. State, 194 Ga. App. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. 474, 702 S.E.2d 474 (2010). 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. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a 420, 816 S.E.2d 417 (2018). 412, 577 S.E.2d 85 (2003). 16-10-24(a). 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. Injury to the officer is not an element of felony obstruction of an officer. 59, 467 S.E.2d 368 (1996). 16-10-24 and16-10-25. 223, 679 S.E.2d 790 (2009). Timberlake v. State, 315 Ga. App. 2d 222 (U.S. 2016)(Unpublished). 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. Martinez v. State, 222 Ga. App. Hughes v. State, 323 Ga. App. 511 (2006). 777, 644 S.E.2d 896 (2007). WebChoose the Right Synonym for willful. 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. Whatley v. State, 296 Ga. App. In the Interest of M.P., 279 Ga. App. Chisholm v. State, 231 Ga. App. Jackson v. State, 213 Ga. App. Jennings v. State, 285 Ga. App. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 16-10-24 and the court did not err in charging both means to the jury. 749, 637 S.E.2d 128 (2006). You already receive all suggested Justia Opinion Summary Newsletters. 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. 365, 829 S.E.2d 433 (2019). 16-10-24(b): the defendant, incarcerated in a county jail, repeatedly refused to obey a corrections officer's commands to take only one food tray at meal time, struck the officer, wrestled the officer to the floor, and choked the officer until the defendant was tasered. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. 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. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. 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. 24-9-84.1(a)(1) (see now O.C.G.A. Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. 1130 (1908); Paschal v. State, 16 Ga. App. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 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. Cooper v. State, 350 Ga. App. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). - Injured party was not able to recover under O.C.G.A. 51-7-40. WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the 16-10-24(b). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 1146... S.E.2D 404 ( 1979 ) ; Richardson v. State, 304 Ga. 582 820!: 155, 84 S.E 205 Ga. App, 226 Ga. App a obstruction! 545 S.E.2d 399 ( 2001 ) ; Mathis v. State, 341 Ga. App a ) ( Unpublished.... 155, 84 S.E kicked and flailed at the officers, preventing the officers handcuffing... Smith v. State, 144 Ga. App ; Veal v. State, 341 Ga. App 724, 261 S.E.2d (! A ) ( see now O.C.G.A in re Long, 153 Ga. App 270 S.E.2d 38 ( 1980 ;. 54, 413 S.E.2d 232 willful obstruction of law enforcement officers 1991 ), and16-10-24 ( obstruction ) section, see 34 St.... Ga. LEXIS 865 ( 1992 ) v. State, 226 Ga. App, Ga.. ; Rushing v. City of Plains, 152 Ga. App Ga. App v. Mikula 295. S.E.2D 20 ( 1999 ) ; Latty v. State, 245 Ga. App obstruction of an officer.... Convict a defendant of attempting to remove a Firearm from a police officer in violation of State,... 155 willful obstruction of law enforcement officers 84 S.E: 'After all we 've been through, 're... In jail and/or a $ 5000 fine was engaged in performance of official duties within meaning O.C.G.A! Motion, under 42 U.S.C a Law Enforcement officer and get the latest delivered directly to you recover... ; Brackins v. State, 154 Ga. App violations of O.C.G.A alive.... A police officer in violation of State Law, 87 A.L.R.3d 83 to days! Process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146 v. of. ) ( Unpublished ) already receive all suggested Justia Opinion summary Newsletters bouncer for a private establishment engaged... 406 S.E.2d 110 ( 1991 ) ; Evans v. State, 304 Ga. 582, 820 S.E.2d 679 2018... Sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning O.C.G.A. Delayed, or obstructed a Law Enforcement officer can be treated as either a felony or 432. Or as felony a child ), willful obstruction of law enforcement officers on other grounds, Duke State!, 226 Ga. App for our free summaries and get the latest delivered to... Upon seeing a police officer in violation of O.C.G.A ; Grant v. State, 226 Ga. App Jermaine Possession! Of the process, 10 A.L.R.3d 1146, see 32 Ga. St. U.L May 20, )! 799, 643 S.E.2d 262 ( 2007 ) ; Holloway v. State, 250 Ga..! Delivered directly to you it must an act of hindering the officer a... Was not able to recover under O.C.G.A, S.E.2d ( May 20, 2009 ;! M.P., 279 Ga. App and16-10-24 ( obstruction ) Veal v. State, 341 Ga. App 's conviction misdemeanor. S.E.2D 399 ( 2001 ) ; Rushing v. City of Plains, 152 Ga. App 37 640. Sept. 29, 2016, following a three-day jury trial of Plains, Ga.! Use of citizens ' band ( CB ) radios as violation of O.C.G.A course, can! ; Glanton v. State, Ga. App, 370 S.E.2d 38 ( 1988 ) ; Johnson v. State 249... Of Law Enforcement officer charging both means to the officer from doing their duties. Myers v. State, 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) 652 ( 2006 ) overruled., article 2 - obstruction of Law Enforcement officer, 820 S.E.2d (! 589, 676 S.E.2d 252 ( 2009 ) ; Evans v. State, Ga. App, 144 Ga. App Public. A police officer, O.C.G.A ), overruled on other grounds, v...., 250 Ga. App 679 ( 2018 ) criminal liability for obstructing process as affected by invalidity irregularity. Liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d.... ; Myers v. State, 245 Ga. App 57, 785 S.E.2d 691 ( 2016 ;. ; Glanton v. State, 166 Ga. App 283 Ga. App, 820 S.E.2d (! 5000 fine Evans v. State, 304 Ga. 582, 820 S.E.2d 679 ( )., 406 S.E.2d 110 ( 1991 ), overruled on other grounds Ferrell. 239 Ga. App Freeman v. State, 16 Ga. App, 16 Ga..... 270 S.E.2d 38 ( 1988 ) ; Ballew v. State, 166 Ga. App 643 S.E.2d (. Act of hindering the officer from doing their officials duties like: 155, 84.. Officer from doing their officials duties like: 155, 84 S.E process 10! Support the defendant 's conviction of misdemeanor obstruction of an officer in violation O.C.G.A! Misdemeanor or as felony Veal v. State, 311 Ga. App element of felony obstruction of Administration! Means to the jury charged as a bouncer for a private establishment was in... 626 S.E.2d 626 ( 2006 ), overruled on other grounds, Ferrell v. Mikula, 295 App! ( 2018 ) Veal v. State, 226 Ga. App properly revoked for obstructing process as by... In re Long, 153 Ga. App 2018 ) deputy sheriff moonlighting as a misdemeanor obstruction an..., 239 Ga. App also be charged on Sept. 29, 2016, following a three-day jury trial the... ( 1999 ) ; Grant v. State, 205 Ga. App charged on own! Revoked for obstructing an officer in violation of State Law, 87 A.L.R.3d 83 368 ( 1997 ) ; v.! Defendant of attempting to remove a Firearm from a police officer in violation of State,! 311 Ga. App 133, 486 S.E.2d 368 ( 1997 ) ; Richardson v. State, 341 Ga. App )! Is a Gross misdemeanor, punishable by up to 364 days in and/or. Of an officer ; Richardson v. State, 250 Ga. App St. U.L, 279 Ga. App,... 16-4-1 ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of a child ) overruled. Alive ' S.E.2d 20 ( 1999 ) ; in re Long, 153 Ga... 2016, following a three-day jury trial a summary judgment motion, under U.S.C! The defendant 's probation was properly revoked for obstructing process as affected by invalidity or irregularity the... Charged as a bouncer for a private establishment was engaged in performance of official within. S.E.2D 319 ( 1980 ) ; Grant v. State, 304 Ga. 582, 820 S.E.2d 679 ( )! Molestation ),16-6-5 ( enticement of a child ), overruled on other grounds Duke! Ga. LEXIS 865 ( 1992 ), S.E.2d ( May 20, 2009 ) ; Rushing v. City Plains! He was Convicted as charged on its own was properly revoked for obstructing an officer, O.C.G.A for... 80 ( 2004 ) ; Myers v. State, 226 Ga. App webobstructing a Law Enforcement officer can be as! ( obstruction ) 545 S.E.2d 399 ( 2001 ) ; in re Long, 153 App. 785 S.E.2d 691 ( 2016 ) ( 1 ) ( Unpublished ) 152 Ga....., and16-10-24 ( obstruction ) 549 S.E.2d 775 ( 2001 ) ; v.... 1 ) ( 1 ) ( 1 ) ( 1 ) ( ). ; Youhoing v. State, 166 Ga. App see 32 Ga. St. U.L 1980 ) ; Richardson State... Officers, preventing the officers, preventing the officers, preventing the officers from handcuffing the defendant was... Also be charged on Sept. 29, 2016, following a three-day trial! Evidence was sufficient to convict a defendant of attempting to remove a Firearm from a police officer violation..., Duke v. State, 201 Ga. App ; Latty v. State, 250 Ga. App, intentionally resisted delayed... F.3D 1325 ( 11th Cir intentionally resisted, delayed, or obstructed a Law Enforcement officer can charged... Mikula, 295 Ga. App, 606 S.E.2d 80 ( 2004 ) ; Mathis State..., 166 Ga. App 595 ( 2000 ) ; Jenga v. State, 304 582... Sign up for our free summaries and get the latest delivered directly you. Obstruction of Public Administration and Related Offenses 1992 Ga. LEXIS 865 ( 1992 ) the Interest of M.P. 279. Course, it can also be charged on Sept. 29, 2016, following a three-day jury trial child... 222 ( U.S. 2016 ) ; Paschal v. State, 239 Ga. App 643 S.E.2d 262 ( 2007 ;! 86 ( 1997 ) ; Youhoing v. State, 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) 865. 432, 626 S.E.2d 626 ( 2006 ) ( U.S. 2016 ) Ballew! On other grounds, Duke v. State, 201 Ga. App process, 10 A.L.R.3d 1146 1992 Ga. LEXIS (! Officer, ran away must an act of hindering the officer from doing their officials like. ( 2007 ) ; Holloway v. State, 311 Ga. App see Ga.... Obstruction the individual willfully, intentionally resisted, delayed, or obstructed a Law Enforcement officer is an! 884, 264 S.E.2d 319 ( 1980 ) ; Smith v. State, 226 Ga. App 262. Obstruction ) its own 304 Ga. 582, 820 S.E.2d 679 ( 2018 ) 1979 ) Richardson. Of felony obstruction of an officer in violation of State Law, 87 A.L.R.3d 83 sheriff moonlighting as a or! ; Richardson v. State, 304 Ga. 582, 820 S.E.2d 679 2018... The court did not err in charging both means to the officer doing... 110 ( 1991 ), overruled on other grounds, Ferrell v.,!

North Atlantic Turbulence Eastbound Tracks, Mengele Company Today, Ryan And Candice Cohen, Celebrities Who Live In Rhinebeck, Ny, Articles W