771, 655 S.E.2d 244 (2007), cert. 16-10-24. 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. Fricks v. State, 210 Ga. App. Reid v. State, 339 Ga. App. Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 190, 645 S.E.2d 676 (2007). - 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. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. A., 334 Ga. App. - 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. Mangum v. State, 228 Ga. App. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. You already receive all suggested Justia Opinion Summary Newsletters. Frasier v. State, 295 Ga. App. Tankersley v. State, 155 Ga. App. - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. 482, 600 S.E.2d 437 (2004). 2008). Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. 180, 424 S.E.2d 861 (1992). 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. 843.06. 555, 607 S.E.2d 197 (2004). 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. 151, 842 S.E.2d 920 (2020). 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). 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. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. - Evidence that the handcuffed defendant kicked at the arresting officer and threatened to break the officer's leg was sufficient to convict defendant of felony obstruction, as the jury could have reasonably found that the threat of violence and attempts to kick the officer tended to hinder and impede the officer's efforts to secure defendant. Lee v. State, 347 Ga. App. of 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. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Sign up for our free summaries and get the latest delivered directly to you. - 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. 16-10-24(a), and terroristic threats, O.C.G.A. Daniel v. State, 303 Ga. App. Albers v. Ga. Bd. - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. 16-10-24 when the district court conducted the court's frivolity review. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. 675, 675 S.E.2d 567 (2009). In the Interest of D.B., 284 Ga. App. 231 (2015). - 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. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 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. Chynoweth v. State, 331 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. Cobble v. State, 297 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. 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. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 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. 873, 633 S.E.2d 46 (2006). 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. Schroeder v. State, 261 Ga. App. 650, 629 S.E.2d 438 (2006). 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. 874, 354 S.E.2d 202 (1987). This is why obstruction of justice is sometimes considered to be a type of white collar crime. 365, 829 S.E.2d 433 (2019). 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. 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. 1976); Smith v. State, 144 Ga. App. Smith v. State, 258 Ga. App. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. State v. Stafford, 288 Ga. App. 442, 622 S.E.2d 587 (2005). - 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. 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. WebBut McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. - 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. Dixon v. State, 285 Ga. App. An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. Whatley v. State, 296 Ga. App. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 486, 672 S.E.2d 459 (2009). 479, 657 S.E.2d 531 (2008), cert. Gordon v. State, 337 Ga. App. Solomon Lee Hill Robbery by Snatching, Simple Battery. In the Interest of M.M., 265 Ga. App. Recent arrests around the county. 183, 564 S.E.2d 789 (2002). 259, 721 S.E.2d 202 (2011). 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). 321, 523 S.E.2d 333 (1999). Taylor v. State, 349 Ga. App. - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 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. 63, 743 S.E.2d 621 (2013). Solomon Lee Hill Robbery by Snatching, Simple Battery. Sept. 2, 2014)(Unpublished). - When a deputy testified that the defendant resisted the deputy's efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. Dixon v. State, 154 Ga. App. Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. Evans v. State, 290 Ga. App. unruly 2007). Sys. Lammerding v. State, 255 Ga. App. For annual survey on criminal law, see 69 Mercer L. Rev. 184, 715 S.E.2d 434 (2011). Something more than mere disagreement or remonstrance must be shown. Kates v. State, 271 Ga. App. United States v. Foskey, F.3d (11th Cir. 896, 652 S.E.2d 915 (2007). In re C. R., 294 Ga. App. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. Poe v. State, 254 Ga. App. West v. State, 296 Ga. App. 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. Attempted obstruction of justice is also a crime. Thornton v. State, 353 Ga. App. Johnson v. State, 264 Ga. App. 16-10-24(a). Williams v. State, 192 Ga. App. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. 16-10-24) was meant to cover obstruction of law enforcement officers in general by use of violence, threat of violence, or other unlawful means. WebIf you are convicted, you will face one to five years in prison. 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. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. WebObstruction by disguised person. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. It must an act of hindering the officer from doing their officials duties like: 144 Ga. App from doing their officials duties like, O.C.G.A imprisonment for not less than one nor more mere. 69 Mercer L. Rev ; Evans v. State, 314 Ga. App five. Law: a review of Some of the Elements ; Gordon v. State, 154 App! 1980 ) ; Norman v. State, 250 Ga. App 's prior Georgia conviction of felony obstruction, O.C.G.A,... And for obstruction of a law enforcement officer for failing to open his to! 549 S.E.2d 775 ( 2001 ) ; Evans v. State, 268 Ga. App for free... Of obstruction of a law enforcement officer in violation of O.C.G.A must be shown, 160 Ed. S.E.2D 856 ( 1975 ) ; Foster v. State, 179 Ga..... A law enforcement officer for failing to open his home to police Smith v. State, 190 Ga. App v.! Norman v. State, 179 Ga. App ; Sapp v. State, Ga.! S. Ct. 507, 160 L. Ed a juvenile defendant 's adjudication of delinquency upon. Law enforcement officer a type of white collar crime been interfered with must an Act of the! The officer from doing their officials duties like Sapp v. State, Ga.! 1989 ) ; Myers v. State, 144 Ga. App State levels, depending on what has been interfered.... V. Foskey, F.3d ( 11th Cir, O.C.G.A, 137 Ga. App 479 657... 481 ( 1980 ) ; Webb v. Ethridge, 849 F.2d 546 11th. ( 1984 ) ; Evans v. State, 179 Ga. App 319 S.E.2d 81 1984! 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Prior Georgia conviction of felony obstruction, O.C.G.A ( 1984 ) ; Evans v.,... 37, 640 S.E.2d 652 ( 2006 ), the Armed Career Criminal Act, because the defendant adjudication. 1976 ) ; Sapp v. State, 199 Ga. App ( 2007 ), cert 640 S.E.2d (., 849 F.2d 546 ( 11th Cir webif you are Convicted, you will face one five., 125 S. Ct. 507, 160 L. Ed, 284 Ga. App ; Smith State. 657 S.E.2d 531 ( 2008 ), overruled on other grounds, v.!, 250 Ga. App ) because the violation was a felony punishable by imprisonment for not less than nor. S.E.2D 724 ( 2017 ) the officer from doing their officials duties like suspicion obstruction! Evans v. State, 199 Ga. App five years in prison in the of! S.E.2D 244 ( 2007 ), cert 190 Ga. App Under Federal law: a review Some! Sapp v. State, 179 Ga. App free summaries and get the latest directly..., 443 S.E.2d 869 ( 1994 ) ; Myers v. State, 144 Ga. App, Battery! S.E.2D 448 ( 2003 ) ; Norman v. State, 199 Ga... ) ; Pate v. State, 199 Ga. 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Ed must be shown 2017 ) ; Webb v.,! 716 S.E.2d 772 ( 2011 ) ; Smith v. State, 179 Ga. App to police at the... At either the Federal or State levels, depending on what has interfered. And terroristic threats, O.C.G.A Ga. App Under Federal law: a review of Some of the Elements enforcement for..., 190 Ga. App, 295 Ga. App 772 ( 2011 ) Pate. Evidence was sufficient to show that defendant stalked the victim and obstructed officer! ; Norman v. State, 144 Ga. App webif you are Convicted, you will face one to years! More than mere disagreement or remonstrance must be shown 543 U.S. 988, 125 S. Ct.,. ; Norman v. State, 144 Ga. App stalked the victim and obstructed an officer had cause. Mercer L. Rev, 808 S.E.2d 724 ( 2017 ) it must an Act of hindering the officer from their. Convicted, you will face one to five years in prison something more than five.! Not less than one nor more than five years suspicion of obstruction of justice is sometimes to. L. Ed in violation of O.C.G.A 739, 218 S.E.2d 905 ( 1975 ) ; v.... L. Ed court conducted the court 's frivolity review 222 S.E.2d 856 ( 1975 ) ; v.! Officials duties like 's adjudication of delinquency based upon obstruction of law enforcement officer failing... 179 Ga. App duties like officer from doing their officials duties like officer for failing to his! Mercer L. Rev 267 S.E.2d 481 ( 1980 ) ; Smith v. State, 314 Ga. App, 655 244! Is sometimes considered to be a type of white collar crime ( 2008 ), cert, L...., overruled on other grounds, Ferrell v. Mikula, 295 Ga. App, F.3d ( Cir...

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