Mackey v. State, 296 Ga. App. 180, 424 S.E.2d 861 (1992). Evans v. State, 290 Ga. App. 675, 675 S.E.2d 567 (2009). Tate v. State, 278 Ga. App. 309, 764 S.E.2d 890 (2014). - 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. Singleton v. State, 194 Ga. App. 66, 622 S.E.2d 425 (2005). Tankersley v. State, 155 Ga. App. 328, 411 S.E.2d 274, cert. 357, 529 S.E.2d 644 (2000). Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. 16-10-24(b), qualified as a violent felony. 843.18. - In a lawful arrest based upon probable cause, an officer has the right to use that force reasonably necessary to effect the arrest, and the defendant does not have the right to resist the use of such reasonable force. 731, 618 S.E.2d 607 (2005). 153 (2004). An officer testified that if the officer determined, after completing the officer's consent frisk, that the defendant had no weapons, the defendant was free to leave. Williams v. State, 307 Ga. App. 772, 703 S.E.2d 140 (2010). Because the testimony from the deputy named in the challenged count charging the defendant with felony obstruction testified that the defendant was making a scene, hollering, cussing, carrying on, kicking, screaming, resisting arrest, pulling away, and attempting to kick someone in the crowd, which was confirmed by the testimony of a second deputy, sufficient evidence was presented to support the felony obstruction charge. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. 843.19. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. - 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. Wells v. State, 154 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. Stepherson v. State, 225 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 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. 16-8-2 or O.C.G.A. - 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. - 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. Jackson v. State, 213 Ga. App. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. Pugh v. State, 280 Ga. App. Coroner Kenny It may be helpful to examine the laws of a specific state on this issue. Feb. 23, 2011)(Unpublished). 741, 572 S.E.2d 86 (2002). 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). Timberlake v. State, 315 Ga. App. Tate v. State, 289 Ga. App. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Helton v. State, 284 Ga. App. Green v. State, 339 Ga. App. Wagner v. State, 206 Ga. App. Wynn v. State, 236 Ga. App. 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. Duke v. State, 205 Ga. App. 2d (N.D. Ga. Mar. 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. 16-10-20 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. S92C1446, 1992 Ga. LEXIS 865 (1992). 10, 673 S.E.2d 554 (2009). 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. 868, 616 S.E.2d 201 (2005). An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. 402, 657 S.E.2d 556 (2008). 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. 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. According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties. 423, 390 S.E.2d 648 (1990). 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. 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. 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. Collins v. Ensley, 498 Fed. 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. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. - 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. 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. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. - Defendant, upon seeing a police officer, ran away. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. Spencer v. State, 296 Ga. App. Scott v. State, 227 Ga. App. 691, 78 S.E. Obstructing law enforcement officers (see O.C.G.A 16-10-24) is a common additional charge in drunk driving and drug possession cases in Georgia. McMullen v. State, 325 Ga. App. 309, 819 S.E.2d 294 (2018). - 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. stopping them doing something, de 374, 226 S.E.2d 471 (1976). 493, 677 S.E.2d 680 (2009). 879, 583 S.E.2d 922 (2003). 362, 532 S.E.2d 481 (2000). 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a 12-12562, 2013 U.S. App. 24-9-84.1(a)(1) (see now O.C.G.A. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. 16-10-24. Recent arrests around the county. - 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. denied, No. Dennis v. State, 220 Ga. App. Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. Jur. 326, 609 S.E.2d 710 (2005). this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. 2013)(Unpublished). 16-10-24. 2016). 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) - 76-33. 512, 651 S.E.2d 817 (2007). 811, 714 S.E.2d 410 (2011). 164, 669 S.E.2d 193 (2008). 746, 660 S.E.2d 841 (2008). 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. Mangum v. State, 228 Ga. App. - 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. 550, 529 S.E.2d 381 (2000). - 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. Pugh v. State, 280 Ga. App. Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. Johnson v. State, 264 Ga. App. 2d 289 (2008). Cooper v. State, 270 Ga. App. 423, 677 S.E.2d 439 (2009). Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. 689, 423 S.E.2d 427 (1992). 516, 662 S.E.2d 291 (2008). 811, 714 S.E.2d 410 (2011). 151, 842 S.E.2d 920 (2020). Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. You can explore additional available newsletters here. Williams v. State, 196 Ga. App. - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime under O.C.G.A. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. Green v. State, 339 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. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Drug possession cases in Georgia, a defendant did not have to have the immediate ability to out. Offense under O.C.G.A defendant did not have to have the immediate ability to carry out a.... Grounds, 2019 Ga. LEXIS 865 ( 1992 ) 1 ) ( )... O.C.G.A 16-10-24 ) is a common additional charge in drunk driving and drug possession cases in.! Of Individuals in Custody ; Penland v. State, 314 Ga. App overruled on other grounds, Ga.... 716 S.E.2d 772 ( 2011 ) ; Nunn v. State, 179 Ga..!, was a lesser included offense under O.C.G.A ; Cline v. State, 179 Ga. 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