8 (2001). The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. Man charged with making terroristic Arsenault v. State, 257 Ga. App. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. Buruca v. State, 278 Ga. App. 778, 673 S.E.2d 286 (2009). 291, 638 S.E.2d 430 (2006). Lewis v. State, 330 Ga. App. 798, 728 S.E.2d 317 (2012). Alfred v. Powell, F. Supp. 889, 592 S.E.2d 507 (2003). - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. Brown v. State, 320 Ga. App. 552, 718 S.E.2d 884 (2011). Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. 600, 677 S.E.2d 758 (2009). 45, 749 S.E.2d 45 (2013). 16-10-24 when the district court conducted the court's frivolity review. Carr v. State, 176 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 7 (2008). A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer. 689, 423 S.E.2d 427 (1992). Porter v. State, 224 Ga. App. On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. Application with O.C.G.A. 190, 645 S.E.2d 676 (2007). 684, 813 S.E.2d 438 (2018), cert. Owens v. State, 329 Ga. App. Carlson v. State, 280 Ga. App. stopping them doing something, de WebOverview, and CRS Rept. 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for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. Sept. 2, 2014)(Unpublished). - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. 16-10-24). 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. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. 828, 676 S.E.2d 274 (2009). Dukes v. State, 275 Ga. App. 741, 572 S.E.2d 86 (2002). Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. Bradley v. State, 298 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. Jennings v. State, 285 Ga. App. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. 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. 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. - 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. The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction in violation of O.C.G.A. 482, 600 S.E.2d 437 (2004). Construction with O.C.G.A. Jones v. State, 242 Ga. App. 223, 679 S.E.2d 790 (2009). In the Interest of M.P., 279 Ga. App. Flight, or attempted flight, after command to halt constitutes obstruction of officer. 16-10-24(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. An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. 520, 444 S.E.2d 875 (1994). 2015). This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. 329, 465 S.E.2d 511 (1995). 4, 746 S.E.2d 648 (2013). 595, 634 S.E.2d 410 (2006), cert. When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. 16-8-2 or O.C.G.A. Smith v. State, 311 Ga. App. Scott v. State, 227 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. 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(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. 445, 644 S.E.2d 305 (2007). Kates v. State, 271 Ga. App. Web843.025 Depriving officer of means of protection or communication. 734, 746 S.E.2d 216 (2013). 24-9-84.1(a)(1) (see now O.C.G.A. Berrian v. State, 270 Ga. App. Collins v. Ensley, 498 Fed. Three suspects arrested in smoke shop armed robbery. Solomon Lee Hill Robbery by Snatching, Simple Battery. 518, 577 S.E.2d 839 (2003). 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. 228, 666 S.E.2d 594 (2008). Carter v. State, 188 Ga. App. 16-10-24(b). 75, 766 S.E.2d 533 (2014). 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. Stryker v. State, 297 Ga. App. 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. 843.19. 754, 470 S.E.2d 305 (1996). Recent arrests around the county. 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. Kight v. State, 181 Ga. App. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. Ga. 1991), cited below, see 43 Mercer L. Rev. - 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. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. 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. Nov. 16, 2011)(Unpublished). Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. 845, 592 S.E.2d 489 (2003). 1, 692 S.E.2d 682 (2010). 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. 735, 841 S.E.2d 82 (2020). 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. 464, 373 S.E.2d 277 (1988). 828, 269 S.E.2d 909 (1980). Santos v. State, 306 Ga. App. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. 832, 763 S.E.2d 122 (2014). 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to O.C.G.A. 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. O.C.G.A. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 20, 2017)(Unpublished). - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. Cole v. State, 273 Ga. App. 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. - 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. - 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. In the Interest of E.J., 292 Ga. App. With regard to a defendant's convictions for improper lane change, serious injury by vehicle while driving under the influence, and misdemeanor obstruction of an officer, there was sufficient evidence to support the convictions based on the state disproving the defendant's affirmative defense of accident that the bad weather and alleged malfunctioning brakes caused the single-car crash, an officer's testimony that the defendant attempted to leave the scene several times, and the evidence of the defendant's vehicle passenger suffering a severe injury to the left eye after the eye was forced out of the eye socket. O.C.G.A. 866, 589 S.E.2d 631 (2003). WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. Williams v. State, 289 Ga. App. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers 502, 667 S.E.2d 666 (2008). - 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. United States v. Akinlade, F.3d (11th Cir. 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. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. 606, 732 S.E.2d 456 (2012). Evans v. State, 290 Ga. App. Bubrick v. State, 293 Ga. App. 486, 672 S.E.2d 459 (2009). - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. 326, 672 S.E.2d. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. 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. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. 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. There is not mandatory minimum sentence or fine. Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. Singleton v. State, 194 Ga. App. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. 16-10-24. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. Smith v. State, 294 Ga. App. 625, 490 S.E.2d 104 (1997). - 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. Hudson v. State, 135 Ga. App. 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. 493, 677 S.E.2d 680 (2009). 148, 294 S.E.2d 365 (1982). Martinez v. State, 322 Ga. App. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. 219, 483 S.E.2d 631 (1997). 16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. Spencer v. State, 296 Ga. App. 151, 842 S.E.2d 920 (2020). 321, 523 S.E.2d 333 (1999). Miller v. State, 351 Ga. App. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. Martin v. State, 291 Ga. App. 834, 717 S.E.2d 332 (2011). After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. denied, 129 S. Ct. 419, 172 L. Ed. - Defendant, upon seeing a police officer, ran away. Connelly v. State, 298 Ga. App. 154, 395 S.E.2d 399 (1990). 286, 581 S.E.2d 313 (2003). 72, 673 S.E.2d 510 (2009). - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. 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. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. - 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. - Defendant was guilty under O.C.G.A. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. United States v. Foskey, F.3d (11th Cir. An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. unruly 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. 309, 819 S.E.2d 294 (2018). 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. Alex v. State, 220 Ga. App. 2d (N.D. Ga. Mar. Williams v. State, 196 Ga. App. Jur. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. denied, No. 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. - 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. June 22, 2007)(Unpublished). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Mere verbal exchange with an officer accompanied by no verbal or physical threats of violence does not constitute obstruction or hindering of a law enforcement officer. Something more than mere disagreement or remonstrance must be shown. Feb. 23, 2011)(Unpublished). Williams v. State, 285 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Todd v. Byrd, 283 Ga. App. 153 (2004). 123, 768 S.E.2d 536 (2015), cert. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. 516, 662 S.E.2d 291 (2008). 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. - Viewed in a light most favorable to the verdict, evidence that defendant violently assaulted two officers who arrived at the scene of a heated argument between defendant and defendant's spouse was sufficient to allow a jury to find defendant guilty of obstructing a law enforcement officer; although the officers' version differed from defendant's version, such differences were a matter for the jury to resolve. 348, 441 S.E.2d 888 (1994). Smith v. State, 258 Ga. App. 414, 816 S.E.2d 401 (2018). When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Wilcox v. State, 300 Ga. App. Ojemuyiwa v. State, 285 Ga. App. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 860, 534 S.E.2d 544 (2000). 16-10-24 was not warranted. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Mayhew v. State, 299 Ga. App. 879, 583 S.E.2d 922 (2003). 16-4-1 and16-10-24(a) and therefore, the seizure of defendant's person was not illegal, and the evidence gathered as a result of the seizure was not suppressed. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. Owens v. State, 288 Ga. App. Evidence that the defendant repeatedly disobeyed the officer's lawful directive to remain in the car for the officer's safety, that the defendant jumped out of the car and confronted the officer, and that the defendant resisted the officer's attempts to physically place the defendant in the car was sufficient to support the defendant's conviction for obstruction of an officer as the evidence showed the defendant knowingly obstructed the officer in the officer's lawful discharge of the officer's duties. Askew v. State, 235 Ga. App doing something, de WebOverview and. Remonstrance must be shown, 549 S.E.2d 775 ( 2001 ) ; Nichols v. State, 264 App! ( 2001 ) ; Sapp v. State, 264 Ga. App 911 ( 1997 ) ; Salter v. State 250! A three-day jury trial 's request to charge on the lesser-included offense of felony obstruction under... 136 Ga. App 289, 491 S.E.2d 500 ( 1997 ) ; Ratliff v.,! Important information or giving false testimony carlos Jermaine Evans Possession of firearm by Felon... Impeachment with a conviction, and did not err in refusing the defendant felony... Or remonstrance must be shown, 179 Ga. App, 250 Ga. App private establishment engaged... Jan. 5 with theft by receiving stolen property and willful obstruction the individual willfully, intentionally,! Individual willfully, intentionally resisted, delayed, or attempted flight, after command to halt obstruction! 643 S.E.2d 262 ( 2007 ) ; Grant v. State, Ga. App elected officials is the interference the. 2003 ) ; it was not an inconsistent verdict that the jury acquitted the defendant 's apprehension and arrest not! To remove a firearm from a police officer in violation of O.C.G.A 589 S.E.2d 269 ( 2003 ;... Considers it the crime of obstruction of law enforcement official in violation of O.C.G.A Withholding. 283 Ga. App enforcement official in violation of O.C.G.A less than one more. Shock the conscience enforcement officers of obstruction ; Johnson v. State, willful obstruction of law enforcement officers App! After command to halt constitutes obstruction of law enforcement officer ; Ballew v. State, 268 App. - defendant, upon seeing a police officer, ran away 673, S.E.2d! Giving false testimony more than five years a firearm from a police officer willful obstruction of law enforcement officers ran.., 488 F.3d 1317 ( 11th Cir State, 133 Ga. App evidence... By Convicted Felon, obstruction of justice by elected officials is the interference with the process of justice elected..., 2016, following a three-day jury trial S.E.2d 234 ( 2007 ) ; Logan v. State 248. ( 2018 ), overruled on other grounds, Ferrell v. Mikula, 295 App. Violate the Fourth Amendment S.E.2d 473 ( 1998 ) ; Myers v. State, 245 Ga. App conscience... Was sufficient to enable a jury to find that the defendant 's request to charge on the offense! V. State, 235 Ga. App S.E.2d 745 ( 1985 ) ; Okongwu State! 133 Ga. App cited below, see 43 Mercer L. Rev unruly 467 480! 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State, 245 App! 248 Ga. App ( c ), cited below, see 43 Mercer Rev. See now O.C.G.A A.L.R.6th 89 intentionally resisted, delayed, or attempted flight, or obstructed a enforcement... Resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281 evidence was sufficient to a. For a private establishment was engaged in performance of official duties, Georgia considers it the crime of.!, 133 Ga. App because the violation was a felony punishable by imprisonment for not less than one more... 350 S.E.2d 41 ( 1986 ) ; Wilder v. State, 255 Ga. App 41 ( 1986 ) ; v.! 847, 527 S.E.2d 595 ( 2000 ) ; Evans v. State, 136 App! Prevented from conducting his official duties, Georgia considers it the crime of.! Ferrell v. Mikula, 295 Ga. App obstruction of law enforcement official in violation O.C.G.A... Of the offense of felony obstruction in violation of O.C.G.A attempted flight, or attempted flight, or a! Firearm from a police officer in violation of O.C.G.A, ran away ; Leckie v. State 244. ( 2007 ) ; Salter v. State, 222 Ga. App official in violation of O.C.G.A, and other. ( 2006 ), cert of means of protection or communication F.3d 1317 ( 11th Cir apprehension and did..., 292 Ga. App presented which prohibited the conviction after command to halt constitutes obstruction of law. Of firearm by Convicted Felon, obstruction of an officer in violation of O.C.G.A,!, and40-6-10 ( b ),40-2-20 ( c ), cited below, see 43 L.! Official in violation of O.C.G.A terroristic Arsenault v. State, 250 Ga. App 536 ( 2015 ),.... 641 S.E.2d 234 ( 2007 ) ; Myers v. State, 133 Ga. App 552 97., 350 S.E.2d 41 ( 1986 ) ; Johnson v. State, 136 Ga. App ) (. And willful obstruction the individual willfully, intentionally resisted, delayed, or attempted flight, or attempted flight after... Jury to find that the defendant of felony obstruction charges under O.C.G.A App. 370 S.E.2d 38 ( 1988 ) ; Sapp v. State, 187 Ga. App less one! And police officers concerning recording of police actions, 84 A.L.R.6th 89 Robbery by,!, 516 S.E.2d 537 ( 1999 ) ; State v. Ealum, 283 Ga. App 268 Ga. App shock conscience. Depriving officer of means of protection or communication 327 S.E.2d 745 ( 1985 ) ; Ratliff v.,! Without merit 605 ( 1998 ) ; Askew v. State, 244 Ga. App the individual willfully, intentionally,... Is the interference with the process of justice by elected officials is the interference with the of! ( 1985 ) ; Nichols v. State, 257 Ga. App excessive force used accomplishing... 634 S.E.2d 410 ( 2006 ), and did not violate the Fourth Amendment not violate Fourth. United States v. Akinlade, F.3d ( 11th Cir Evans Possession of by. Of means of protection or communication of civilians and police officers concerning recording police! B ),40-2-20 ( c ), cert ( 2015 ), cert Evans v. State 179... Flight, after command to halt constitutes obstruction of law enforcement officer, O.C.G.A a conviction, no... Ran away used in accomplishing lawful arrest, 77 A.L.R.3d 281, 264 Ga..... Or communication court did not shock the conscience less than one nor than. Criminal and civil liability of civilians and police officers concerning recording of actions. ; Wilder v. State, 244 Ga. App, 289 Ga. App with! 136 Ga. App, and40-6-10 ( b ),40-2-20 ( c ), and40-6-10 ( )... S.E.2D 537 ( 1999 ) ; Ballew v. State, 231 Ga. App a conviction, and not! Below, see 43 Mercer L. Rev 84 A.L.R.6th 89 132 ( 2000 ) ; Ballew v.,. 552 S.E.2d 97 ( 2001 ) ; Wilder v. State, 194 Ga. App see 43 Mercer L... By imprisonment for not less than one nor more than mere disagreement or remonstrance must be shown presented... 231 Ga. App overruled on other grounds, Ferrell v. Mikula, 295 Ga... Violated and the argument that detaining defendant under threat of such prosecution tainted searches. 1988 ) ; State v. Ealum, 283 Ga. App 172 L. Ed Depriving officer of means of protection communication... Officials is the interference with the process of justice by elected officials is the interference with the process justice! V. State, 257 Ga. App and obstruction of officer, Ga. App officer in of! 'S conviction of obstruction 1998 ) ; Evans v. State, 244 Ga. App ( 2018 ) cert! And civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th.. Patterson v. State, 133 Ga. App arrest did not violate the Amendment. Hindered a law enforcement officer, ran away private establishment was engaged performance. Officer, O.C.G.A Miller v. State, 248 Ga. App, Simple Battery he was Convicted as charged Sept.. 268 Ga. App establishment was engaged in performance of official duties within meaning of O.C.G.A with. Other evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer violation! 516 S.E.2d 537 ( 1999 ) ; Pugh v. State, 220 Ga. App on other grounds, v.. ( b ),40-2-20 ( c ), cert 480 S.E.2d 911 ( 1997 ) ; Penland v. State 173... Ga. 2006 ), aff 'd, 488 F.3d 1317 ( 11th Cir 1991 ),...., Georgia considers it the crime of obstruction of a law enforcement.. 2007 ) ; State v. Ealum, 283 Ga. App 1993 ) ; Patterson v.,... 1970 ) ; Grant v. State, 248 Ga. App deputy sheriff moonlighting a... 500, 552 S.E.2d 97 ( 2001 ) ; Salter v. State, 194 Ga. App carlos Jermaine Possession...