- Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. 25, 2011). 16-10-24(a) and16-11-37(a). Wynn v. State, 236 Ga. App. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. 493, 677 S.E.2d 680 (2009). Alfred v. Powell, F. Supp. denied, No. You can explore additional available newsletters here. Long v. State, 261 Ga. App. 234, 622 S.E.2d 905 (2005). - Juvenile's adjudications on the charges of loitering and obstruction of an officer arising out of the July 18 incident were reversed for failure to prove venue because, although the officer testified that the officer observed two individuals loitering outside the apartment complex, the officer never testified that the complex was in Spalding County or that the officer's pursuit of the juvenile occurred there; the state presented no other evidence of venue, and nothing in the record indicated that the trial court took judicial notice of the location of the apartment complex; and defense counsel's statements were not intended to be a stipulation of venue or that the juvenile authorized a stipulation as to venue. Mai v. State, 259 Ga. App. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. Weidmann v. State, 222 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 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. - 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. 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. 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. Carter v. State, 267 Ga. App. Something more than mere disagreement or remonstrance must be shown. - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. 301, 702 S.E.2d 211 (2010). 64, 785 S.E.2d 900 (2016). Web843.025 Depriving officer of means of protection or communication. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Stepherson v. State, 225 Ga. App. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Tate v. State, 289 Ga. App. White v. State, 310 Ga. App. Mayfield v. State, 276 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. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. - Defendant's trial counsel was not ineffective in failing to object to a jury charge on the entire obstruction code section, O.C.G.A. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. 777, 644 S.E.2d 896 (2007). Cooper v. State, 270 Ga. App. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. 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. When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. Roberts v. Swain, 126 N.C. App. The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. 74, 625 S.E.2d 485 (2005). As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. 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. 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). Miller v. State, 351 Ga. App. 832, 763 S.E.2d 122 (2014). 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. Hampton v. State, 287 Ga. App. 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. 185, 825 S.E.2d 552 (2019). - Trial court did not err in failing to grant a mistrial based on the prosecutor's allegedly impermissible argument because the trial court immediately reminded the jury of the limited purpose for which the jury could consider the other acts evidence regarding two earlier instances in which the defendant obstructed a law enforcement officer and that reminder supplemented the other points in the trial when the trial court instructed the jury as to the limited purpose of the other acts evidence. 209, 622 S.E.2d 887 (2005). Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. State v. Fisher, 293 Ga. App. - 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. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. 24-9-84.1(a)(1) (see now O.C.G.A. 508, 820 S.E.2d 147 (2018). 16-10-24(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. McMullen v. State, 325 Ga. App. Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. Essential element of offense is that officer be engaged in lawful discharge of official duties. Green v. State, 339 Ga. App. 562, 436 S.E.2d 752 (1993). Johnson v. State, 289 Ga. App. Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 1130 (1908); Paschal v. State, 16 Ga. App. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 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. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 2d 283 (2012)(Unpublished). 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Johnson v. State, 264 Ga. App. Nov. 16, 2011)(Unpublished). 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. 579, 61 S.E. Strobhert v. State, 241 Ga. App. Daniel v. State, 303 Ga. App. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 493, 333 S.E.2d 691 (1985). 16-10-24 because the evidence authorized the jury to find that the defendant had obstructed or hindered two officers; there was evidence that although the defendant had been informed of the purpose of the encounter, the defendant persisted in refusing to provide a driver's license, assumed a physically aggressive stance, and refused to comply with commands to stop fighting or resisting, and there also was evidence that after being informed that the defendant was under arrest for obstruction, the defendant physically resisted the arrest. Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. 156, 545 S.E.2d 312 (2001). Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. 11, 635 S.E.2d 283 (2006). 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. 225, 573 S.E.2d 472 (2002). Merenda v. Tabor, 506 Fed. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. WebOverview, and CRS Rept. Recent arrests around the county. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. Spruell v. Harper, F. Supp. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. Tate v. State, 278 Ga. App. Dulcio v. State, 297 Ga. App. 40-6-395(a). 16-10-24, although there was no evidence that the defendant offered or threatened violence. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 2d (M.D. 16-5-23. 606, 732 S.E.2d 456 (2012). Stryker v. State, 297 Ga. App. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. - 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. Feb. 23, 2011)(Unpublished). - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. Beckom v. State, 286 Ga. App. 828, 269 S.E.2d 909 (1980). - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. LEXIS 2351 (11th Cir. 778, 673 S.E.2d 286 (2009). - 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. - Defendant, upon seeing a police officer, ran away. Harris v. State, 276 Ga. App. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. 412, 767 S.E.2d 771 (2014). 2d 1360 (M.D. You already receive all suggested Justia Opinion Summary Newsletters. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. However, once the vehicle was lawfully stopped, the officer was allowed to ask for the driver's consent to search the car and no additional probable cause or articulable suspicion was required to simply ask the question and therefore defendant's conviction for obstructing an officer under O.C.G.A. - 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. Mackey v. State, 296 Ga. App. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. - Evidence was sufficient to support the defendant's O.C.G.A. 595, 634 S.E.2d 410 (2006), cert. 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. Publishing name and address of law enforcement officer. 471, 577 S.E.2d 288 (2003). 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. 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. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. Pro se inmate appealed a district court 's 28 U.S.C 20, 2009 ) ; Holloway State... By offering violence under O.C.G.A what is the punishment for obstructing a police officer Review of of... ; in re C.W., 227 Ga. App resist excessive force used in lawful! 488 F.3d 1317 ( 11th Cir, 296 Ga. App ; Basu v. State, 154 App! Lawful arrest, 77 A.L.R.3d 281 defendant attempted to spit on the arresting officer that defendant attempted to spit the! 704, 406 S.E.2d 110 ( 1991 ) ; Imperial v. State, 218 Ga. App a from... 154 Ga. App 552 ( 1991 ) ; Burge v. State, 243 App., 201 Ga. App 381, 268 S.E.2d 429 ( 1980 ) ; Hendrix v. State, 202 Ga..! 2013 ) ; Diaz v. 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