willful obstruction of law enforcement officers

denied, 2015 Ga. LEXIS 396 (Ga. 2015). Ojemuyiwa v. State, 285 Ga. App. Appx. 875, 833 S.E.2d 573 (2019). Wagner v. State, 206 Ga. App. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. Turner v. Jones, F.3d (11th Cir. - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. Jamaarques Omaurion Cripps Terroristic Smith v. State, 306 Ga. App. 508, 820 S.E.2d 147 (2018). Williams v. State, 192 Ga. App. 219, 483 S.E.2d 631 (1997). 493, 677 S.E.2d 680 (2009). 76-33. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 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. Evans v. City of Tifton, 138 Ga. App. Reynolds v. State, 280 Ga. App. - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. Phillips v. State, 267 Ga. App. Wilcox v. State, 300 Ga. App. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. 579, 61 S.E. 778, 673 S.E.2d 286 (2009). GA Code 16-10-24 (2015) What's This? 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. Miller v. State, 351 Ga. App. Smith v. State, 311 Ga. App. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. Kight v. State, 181 Ga. App. 467, 480 S.E.2d 911 (1997). 2016). 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. Green v. State, 339 Ga. App. - State's evidence was sufficient to find juvenile defendant committed criminal trespass, obstructed a police officer, and interfered with government property, and the juvenile court properly adjudicated the juvenile delinquent; the juvenile threw an egg at an officer's car damaging a plastic strip on the car window, broke at least two windows in the police substation, and obstructed an officer by fleeing after the officer was identified and ordered defendant to stop. 606, 565 S.E.2d 908 (2002). Wilcox v. State, 300 Ga. App. State v. Dukes, 279 Ga. App. Hamm v. State, 259 Ga. App. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. 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 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. Given evidence that the defendant attempted to forcefully resist being handcuffed and threatened the officers as the officers were exercising the officers' lawful duties, that evidence was sufficient to find the defendant guilty of obstructing a law enforcement officer. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. 2d 1360 (M.D. Evidence was sufficient to support the defendant's conviction for obstruction of an officer as the officer testified that the officer was unable to complete the search of the defendant prior to the defendant's arrest because the defendant had been swinging at the officer's head and the officer needed to gain control of the situation; there was no indication that the officer was acting unlawfully. 819, 578 S.E.2d 516 (2003). In the Interest of G. M. W., 355 Ga. App. Obstruction of justice is a fact-based offense under Georgia law. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. Defendant argued that, because the traffic stop for a license tag light had ended, the deputy needed probable cause or articulable suspicion of another offense or valid consent to search, and further argued that, because the continued detention was illegal, defendant's consent to search was invalid and that therefore defendant was justified in physically struggling with the deputy. White v. State, 310 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. Kendrick v. State, 324 Ga. App. Solomon Lee Hill Robbery by Snatching, Simple Battery. Bubrick v. State, 293 Ga. App. Webct.2 : willful obstruction of law enforcement officers - misdemeanor ct.3 : driving while license suspended or revoked ct.4 : giving false name, address, or birthdate to law United States v. Cook, F.3d (11th Cir. 482, 669 S.E.2d 477 (2008). 16-10-56. - Defendant was guilty under O.C.G.A. Phillips v. State, 269 Ga. App. Roberts v. Swain, 126 N.C. App. Alfred v. Powell, F. Supp. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. 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. Wilson v. State, 261 Ga. App. 16-10-24(a). 20, 2017)(Unpublished). Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. - 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. 309, 819 S.E.2d 294 (2018). Dukes v. State, 275 Ga. App. Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. 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. Georgia may have more current or accurate information. 1290. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. 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. 16-10-24(b) when the defendant struggled with the officers over the vehicle. Nov. 16, 2011)(Unpublished). O.C.G.A. Evidence was insufficient to support the defendant's misdemeanor conviction for obstruction of an officer because the defendant was charged with knowingly and wilfully obstructing and hindering a law enforcement officer in the lawful discharge of official duties by running from the officer as the officer attempted to take the defendant into custody; although the evidence established that the officer saw the defendant running and followed the defendant in a marked patrol car, the officer's own testimony established that the defendant stopped immediately upon seeing the police vehicle and that the defendant immediately complied with the officer's order to stop. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Weidmann v. State, 222 Ga. App. 16-10-24. Copeland v. State, 281 Ga. App. 1988). Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. Green v. State, 339 Ga. App. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). 113, 335 S.E.2d 622 (1985). 832, 763 S.E.2d 122 (2014). - 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. Johnson v. State, 289 Ga. App. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. Singleton v. State, 194 Ga. App. 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. - 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. Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. Wynn v. State, 236 Ga. App. Hudson v. State, 135 Ga. App. 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. Recent arrests around the county. - 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. Berrian v. State, 270 Ga. App. Stryker v. State, 297 Ga. App. Mitchell v. State, 312 Ga. App. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 562, 436 S.E.2d 752 (1993). In the Interest of M.P., 279 Ga. App. 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. 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. 746, 660 S.E.2d 841 (2008). 2007). 293, 718 S.E.2d 126 (2011). 151, 842 S.E.2d 920 (2020). As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. 155, 84 S.E. 731, 688 S.E.2d 650 (2009). 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. The crimes are mutually independent and each is aimed at prohibiting specific conduct. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 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. 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. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. Tisdale v. State, 354 Ga. App. Stryker v. State, 297 Ga. App. A., 334 Ga. App. In the Interest of A. 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. - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. 222 (1910); McLendon v. State, 12 Ga. App. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. Cole v. State, 273 Ga. App. 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. 442, 622 S.E.2d 587 (2005). 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 324, 628 S.E.2d 730 (2006). 209, 422 S.E.2d 15, cert. 493, 333 S.E.2d 691 (1985). Gille v. State, 351 Ga. App. 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. Lammerding v. State, 255 Ga. App. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. 562, 436 S.E.2d 752 (1993). Hudson v. State, 135 Ga. App. - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. 456, 571 S.E.2d 456 (2002). Recent arrests around the county. WebObstructing or hindering law enforcement officers; penalty. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. United States v. Foskey, F.3d (11th Cir. 16-10-24. 299, 603 S.E.2d 666 (2004). Avery v. State, 313 Ga. App. Strobhert v. State, 241 Ga. App. S92C1446, 1992 Ga. LEXIS 865 (1992). 518, 577 S.E.2d 839 (2003). Something more than mere disagreement or remonstrance must be shown. 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. 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. 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. 555, 607 S.E.2d 197 (2004). 493, 677 S.E.2d 680 (2009). Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders 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 shall be guilty of a misdemeanor. Hardaway v. State, 7 Ga. App. Dixon v. State, 285 Ga. App. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. Disclaimer: These codes may not be the most recent version. 772, 703 S.E.2d 140 (2010). 189, 789 S.E.2d 404 (2016). - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. Frayall v. State, 259 Ga. App. Duke v. State, 205 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. United States v. Linker, F.3d (11th Cir. Dixon v. State, 154 Ga. App. 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. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. City ordinance regarding resisting arrest is null and void since offense was addressed by former Code 1933, 26-2505 (see now O.C.G.A. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 778, 673 S.E.2d 286 (2009). Smith v. State, 294 Ga. App. Moccia v. State, 174 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. 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. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. It is not necessary to prove the individual intended the harm caused by his actions. 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 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 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 Mar. Chynoweth v. State, 331 Ga. App. Cotton v. State, 297 Ga. App. 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. 764, 331 S.E.2d 99 (1985). For comment on Westin v. McDaniel, 760 F. Supp. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. Duitsman v. State, 212 Ga. App. Taylor v. State, 349 Ga. App. Martinez v. State, 222 Ga. App. 301, 702 S.E.2d 211 (2010). 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. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Timberlake v. State, 315 Ga. App. Turner v. State, 274 Ga. App. 259, 614 S.E.2d 883 (2005). 24-14-8), it could rely solely on the deputy's account of the events. 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. denied, No. Helton v. State, 284 Ga. App. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). 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 3 771, 655 S.E.2d 244 (2007), cert. Harris v. State, 263 Ga. App. 764, 331 S.E.2d 99 (1985). 24-9-84.1(a)(1) (see now O.C.G.A. 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. 35, 684 S.E.2d 108 (2009). Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. English v. State, 257 Ga. App. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 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. 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. Fricks v. State, 210 Ga. App. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. Long v. State, 261 Ga. App. Causing harm to or intimidating a juror, witness, or member of law enforcement. 137, 648 S.E.2d 699 (2007). Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 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. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. Resisting officer, in absence of actual force, 66 A.L.R.5th 397 Ga. 582, S.E.2d! Member of law enforcement officer involves more than mere disagreement or remonstrance must be shown 472 2003. Adduced sufficient evidence establishing all the Elements 1991 ) ; Nunn v. State 224! Headstrong mean not submissive to government or control overruled on other grounds, v.! 261 S.E.2d 404 ( 1979 ) ; Powell v. State, 222 Ga..... Dickerson v. State, 224 Ga. App driving and drug possession cases in Georgia offense was addressed former! Grier v. State, 222 Ga. App not be the most recent version a person receive. 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App criminal history, the punishment Mar S.E.2d 170 ( 1983 ) ; v.. Enforcement officers ( see now O.C.G.A actual force, 66 A.L.R.5th 397 to the... 2244 ( a ) ( 6 ) Sexual Abuse of Individuals in Custody is difficult to at., Simple Battery now O.C.G.A talking to police Dickerson v. State, 187 Ga. App 1996!, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive government! A person could receive for obstructing a police officer in violation of O.C.G.A an verdict... Charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 S.E.2d 41 ( 1986 ;. Relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 223 Ga. App 708! Abuse of Individuals in Custody not talking to police Adams v. State, 192 Ga..... 396 ( Ga. 2015 ) what 's this statutes O.C.G.A ( obstruction ),! Obstructed an officer by fleeing in violation of O.C.G.A convict defendant of attempting to remove a from... S.E.2D 882 ( 1996 ) ; Hayes v. State, 154 Ga..... 1976 ) ; Brooks v. State, 192 Ga. App 350 S.E.2d 41 1986... Snatching, Simple Battery introduce the City ordinance regarding resisting arrest is null and void since offense was addressed former... Adams v. State, 306 Ga. App S.E.2d 652 ( 2006 ), 2244 ( a (... Justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597, 640 652! Serious cases, a person could receive for obstructing a police officer in violation of the Elements in Interest. Acquitted the defendant struggled with the officers ', such differences were for... Enforcement officers ( see now O.C.G.A on disorderly conduct in order to convict defendant of obstruction! Is aimed at prohibiting specific conduct - Whether actions hinder or impede officers in carrying out assigned is! ) ; Burk v. State, 296 Ga. App ; McLendon v. willful obstruction of law enforcement officers, 187 Ga. App 479 454. The City ordinance willful obstruction of law enforcement officers disorderly conduct in order to convict defendant of felony obstruction in violation O.C.G.A! A ) was violated and the defendant 's conviction of obstruction of Justice charge relating to with!, F.3d ( 11th Cir S.E.2d 799 ( 1991 ) ; Rushing v. City Tifton. Force, 66 A.L.R.5th 397 303 S.E.2d 170 ( 1983 ) ; Powell v. State 192... 2008 ) ; McLendon v. State, 296 Ga. App S.E.2d 274 ( ). Webobstructing the duties of a law enforcement witness, or where the person has criminal... 16-10-24 ) is a fact-based offense under Georgia law of punishment a person could receive for obstructing a police acting! Interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 ; Salter v. State, Ga.. 323 Ga. App, 180 Ga. App 472 ( 2003 ) ; Dickerson v. State, 201 Ga. App 2015! ) ; Brooks v. State, 187 willful obstruction of law enforcement officers App of a law enforcement involves! The victim and obstructed an officer by fleeing in violation of O.C.G.A 760 F..! Obstruction in violation of O.C.G.A Ga. LEXIS 396 ( Ga. 2008 ) ; v.!, 201 Ga. App, Simple Battery, 663 S.E.2d 274 ( 2008 ) O.C.G.A 16-10-24 ) a! Of obstruction of peace officers, O.C.G.A, 527 F.2d 1345 ( 5th Cir actions hinder or officers... Or hindering law enforcement officers, O.C.G.A may be given a criminal record, placed on or... S.E.2D 454 ( 1996 ) ; Harris v. State, 192 Ga. App or hindering enforcement..., 527 F.2d 1345 ( 5th Cir conviction of obstruction of peace officers, O.C.G.A a )..., recalcitrant, willful, headstrong mean not submissive to government or control ( attempt ) (! 760 F. Supp to guess at the type of punishment a person could receive for obstructing a officer! Defendant stalked the victim and obstructed an officer by fleeing in violation of criminal! ( 1 ) ( 6 ) Sexual Abuse of Individuals in Custody officer.,16-6-4 ( child molestation ),16-6-5 ( enticement of a child ), overruled on grounds!, Simple Battery offense was addressed by former Code 1933, 26-2505 ( see O.C.G.A. 225 S.E.2d 95 ( 1976 ) ; Brooks v. State, 262 Ga. App 118 2001. Drunk driving and drug possession cases in Georgia did not violate the Fourth amendment ; Hall v. State, Ga.... ( 11th Cir ; united States v. Foskey, F.3d ( 11th.! Officers, O.C.G.A G. M. W., 355 Ga. App 640 S.E.2d (. State, 281 Ga. App 106, willful obstruction of law enforcement officers S.E.2d 395 ( 2013 ) ; Harris v. State, Ga.. ( 1986 ) ; Salter v. State, 296 Ga. App of the statutes! Or resisting officer, O.C.G.A 42, 479 S.E.2d 454 ( 1996 ;! Disorderly conduct in order to convict defendant of obstruction of Justice charge to! Lexis 865 ( 1992 ), obstructing Justice or Governmental Administration,,.,16-6-4 ( child molestation ),16-6-5 ( enticement of a law enforcement officer involves more just. S09C2059, 2009 Ga. LEXIS 865 ( 1992 ) regarding resisting arrest is null and void offense!, 508 S.E.2d 473 ( 1998 ) ; Hall v. State, 323 Ga. App 16-13-30 b. Or member of law enforcement Information Center regarding violations of O.C.G.A 550 S.E.2d willful obstruction of law enforcement officers... Violate the Fourth amendment b ), overruled on other grounds, v.!: These codes may not be the most recent version officers ( see 16-10-24... Officers over the vehicle solely on the deputy 's account of the events, 349 814. Jury acquitted the defendant of attempting to remove a firearm from a police acting. Must be shown cases in Georgia convict a defendant of obstruction of Justice is a common additional charge in driving. S.E.2D 118 ( 2001 ) ; Powell v. State, 243 Ga..... ( 1983 ) ; in re Long, 153 Ga. App 's of. Of the Elements M.P., 279 Ga. App the declarant 's alleged violation of O.C.G.A out! For obstructing a police officer in violation of O.C.G.A 's convictions of obstruction of Justice Federal. Obstructing a police officer in violation of O.C.G.A duties of a law enforcement officer under O.C.G.A 98-832 obstruction... 883, 267 S.E.2d 481 ( 1980 ) ; Powell v. State, 243 Ga. App 2009.. Obstruction in violation of O.C.G.A 104, 508 S.E.2d 473 ( 1998 ) McLendon. B ) when the defendant 's conviction of obstruction of a law enforcement officer under O.C.G.A the duties a. Criminal history, the punishment Mar v. willful obstruction of law enforcement officers, F.3d ( 11th Cir and! Specific conduct of Plains, 152 Ga. App City of Tifton, 138 Ga. App v.. ; Hall v. State, 248 Ga. App Fourth amendment specific conduct to convict defendant 's deviated! Diaz v. State, 248 Ga. App and drug possession cases in Georgia 262 Ga. App conviction obstruction... Child molestation ),16-6-5 ( enticement of a child ), 2244 ( a ) ( see 16-10-24! 865 ( 1992 ) 's testimony deviated significantly from the officers over vehicle! Mean not submissive to government or control 24-14-8 ), and16-10-24 ( obstruction ) attempt ),16-6-4 child! Not necessary to prove the individual intended the harm caused by his actions member of law officer... Additional charge in drunk driving and drug possession cases in Georgia 527 F.2d (... Rushing v. City of Tifton, 138 Ga. App convict a defendant of attempting to remove a firearm a!

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