59, 467 S.E.2d 368 (1996). 16-10-24(a), and this was protected activity under O.C.G.A. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. 2d 289 (2008). 148, 294 S.E.2d 365 (1982). 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. 16-10-24(b). O.C.G.A. After an arrestee refused a deputy's order to turn around and pushed away from the deputy, the arrestee's excessive force claim failed because, inter alia, the arrestee was uncooperative, a video showed the close contact and the escalating nature of the incident, and the arrestee's refusal to comply with the deputy's instructions was, at least, misdemeanor obstruction. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. - 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. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Green v. State, 339 Ga. App. 12, 739 S.E.2d 32 (2013). 16-10-24. 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. 562, 436 S.E.2d 752 (1993). Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. In the Interest of M.M., 287 Ga. App. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. 582, 608 S.E.2d 540 (2004). 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. 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. 16-10-24 was justified. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). Application with O.C.G.A. Hudson v. State, 135 Ga. App. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 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 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. Reynolds v. State, 280 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 7 (2008). Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. Lewis v. State, 330 Ga. App. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. WebObstructing or Hindering Law Enforcement Officers; Penalty. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. Rev. 362, 532 S.E.2d 481 (2000). Lipsey v. State, 287 Ga. App. Harris v. State, 276 Ga. App. 211, 645 S.E.2d 692 (2007). - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. 675, 675 S.E.2d 567 (2009). 1988). 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. McCarty v. State, 269 Ga. App. Obstruction of justice is a fact-based offense under Georgia law. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. Pinkston v. State, 277 Ga. App. 778, 673 S.E.2d 286 (2009). Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. Reed v. State, 205 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. Share this entry 774, 648 S.E.2d 105 (2007), cert. 832, 763 S.E.2d 122 (2014). 286, 576 S.E.2d 654 (2003). Evans v. City of Tifton, 138 Ga. App. Jenkins v. State, 310 Ga. App. - 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. Williams v. Hudson, F.3d (11th Cir. Jenkins v. State, 345 Ga. App. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. Jury instruction on "lawful discharge of official duties". In re C. R., 294 Ga. App. Hudson v. State, 135 Ga. App. Butler v. State, 284 Ga. App. - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. - 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. 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. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. Arsenault v. State, 257 Ga. App. Alvarez v. State, 312 Ga. App. 155, 679 S.E.2d 380 (2009). 209, 422 S.E.2d 15, cert. Merenda v. Tabor, 506 Fed. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. WebObstructing the duties of a law enforcement officer involves more than just not talking to 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. 739, 218 S.E.2d 905 (1975). Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. Although the evidence that the probationer made the probationer's arrest warrant unavailable to the officers was circumstantial, the evidence was sufficient to authorize the trial court's finding, by a preponderance of the evidence, that the probationer obstructed the officers. 562, 436 S.E.2d 752 (1993). 10, 673 S.E.2d 554 (2009). See 1976 Op. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Owens v. State, 329 Ga. App. 16-10-24 when the district court conducted the court's frivolity review. Singleton v. State, 194 Ga. App. 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. 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. 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. Man charged with making terroristic 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. 16-10-24 was not warranted. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. 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. - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. McClary v. State, 292 Ga. App. Recent arrests around the county. Brown v. State, 240 Ga. App. Wilcox v. State, 300 Ga. App. Moreover, every person has the right to terminate a consensual encounter with a law enforcement officer and to resist an unlawful arrest by using the force reasonably necessary to prevent it from occurring. Carter v. State, 188 Ga. App. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. In the Interest of R.J.S., 277 Ga. App. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. 600, 677 S.E.2d 758 (2009). 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. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Sept. 2, 2014)(Unpublished). Web(a) 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, 16-10-24(b), qualified as a violent felony. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. 668, 344 S.E.2d 490 (1986). - Evidence was sufficient to support the defendant's O.C.G.A. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. 73 (2017). 219, 483 S.E.2d 631 (1997). Williams v. State, 285 Ga. App. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 40-6-395(a). Collins v. Ensley, 498 Fed. 326, 609 S.E.2d 710 (2005). 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. 493, 333 S.E.2d 691 (1985). 16-7-1(a) and16-10-24(a). Refusing to assist prison officers in arresting escaped convicts. Mai v. State, 259 Ga. App. Dec. 16, 2005)(Unpublished). Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. United States v. Foskey, F.3d (11th Cir. - 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. 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. Hunter v. State, 4 Ga. App. 344, 631 S.E.2d 383 (2006). When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. 860, 534 S.E.2d 544 (2000). Libri v. State, 346 Ga. App. 1130 (1908); Paschal v. State, 16 Ga. App. 576, 583 S.E.2d 243 (2003). Gillison v. State, 254 Ga. App. 294, 690 S.E.2d 675 (2010). 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 123, 768 S.E.2d 536 (2015), cert. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Civil rights claims are an important part of our legal system, providing a balance between the duty of law enforcement to uphold the laws, and the rights of individuals to be free from police misconduct. Act or Threat of Violence The individual acted in a violent manner, or threatened violence against, the law enforcement officer. 16-10-24(a), as defense counsel conceded at trial that the officer's arrest was "legitimate," and no action was taken to suggest otherwise. This is why obstruction of justice is sometimes considered to be a type of white collar crime. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. Duke v. State, 205 Ga. App. 16-10-24(a) or disorderly conduct under O.C.G.A. Whatley v. State, 296 Ga. App. There is not mandatory minimum sentence or fine. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. 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. Ojemuyiwa v. State, 285 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. Mangum v. State, 228 Ga. App. 326, 672 S.E.2d. 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. 412, 767 S.E.2d 771 (2014). Carter v. State, 267 Ga. App. Johnson v. State, 302 Ga. App. Green v. State, 240 Ga. App. Officers may be immune from suit, even though an individual feels he or she was mistreated. 771, 655 S.E.2d 244 (2007), cert. Mayfield v. State, 276 Ga. App. 456, 571 S.E.2d 456 (2002). - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. 21, 660 S.E.2d 886 (2008). Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. Three suspects arrested in smoke shop armed robbery. Poe v. State, 254 Ga. App. 381, 593 S.E.2d 919 (2004). 798, 665 S.E.2d 896 (2008). Conviction of obstruction of a law enforcement officer, O.C.G.A. Martin v. State, 291 Ga. App. 153, 676 S.E.2d 821 (2009). 309, 764 S.E.2d 890 (2014). Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. 16-10-24. Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. 486, 672 S.E.2d 459 (2009). - Evidence that defendant gave police a fictitious name and social security number when police questioned defendant about a burglary was sufficient to sustain defendant's conviction of burglary and obstruction of a law enforcement officer. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. 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. Jarvis v. State, 294 Ga. App. 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. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. 474, 702 S.E.2d 474 (2010). of Ga., 330 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 423, 677 S.E.2d 439 (2009). 16-10-24. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. 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. Wilson v. State, 270 Ga. App. Georgia may have more current or accurate information. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 517, 284 S.E.2d 33 (1981). Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Mackey v. State, 296 Ga. App. Dennis v. State, 220 Ga. App. Johnson v. State, 289 Ga. App. Appx. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). In the Interest of E.G., 286 Ga. App. 656, 727 S.E.2d 257 (2012). - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. 874, 354 S.E.2d 202 (1987). 20, 2017)(Unpublished). 35, 684 S.E.2d 108 (2009). 2016). 1985). Lammerding v. State, 255 Ga. App. denied, 2018 Ga. LEXIS 807 (Ga. 2018). 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. 579, 669 S.E.2d 530 (2008). 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. Tate v. State, 289 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. - 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. It may be helpful to examine the laws of a specific state on this issue. 456, 571 S.E.2d 456 (2002). Williams v. State, 309 Ga. App. Sharp v. State, 275 Ga. App. 45-1-4(d)(3) of the whistleblower statute. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 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 In the Interest of G. M. W., 355 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Daniel v. State, 303 Ga. App. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. 233, 651 S.E.2d 155 (2007), cert. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 16-10-20. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). Because the defendant ignored the officers' requests to provide identification, and instead engaged in a fight and wrestling match with the officers in an attempt to get to a brother's residence, while a search warrant was being executed, the evidence was sufficient to support the defendant's conviction for misdemeanor obstruction in violation of O.C.G.A. 511, 583 S.E.2d 172 (2003). - Defendant's motion to suppress suspected cocaine was properly granted as: (1) police officers lacked probable cause to arrest the defendant for obstruction of justice upon the defendant's flight; (2) an initial uncoercive encounter with the police did not constitute a seizure, and the defendant was free to leave at any time; and (3) the record was devoid of any evidence about the details of an anonymous tip that the defendant was seen selling drugs in the area of the encounter; moreover, given the tip's lack of detail and failure to predict future behavior, observation of the defendant's conduct might have warranted further investigation, but it did not rise to the level of reasonable suspicion needed to briefly detain or even arrest. 835, 500 S.E.2d 14 (1998). 321, 523 S.E.2d 333 (1999). Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. 754, 470 S.E.2d 305 (1996). 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Reeves v. State, 288 Ga. App. 286, 581 S.E.2d 313 (2003). There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. 270 Ga. App on `` lawful discharge of official duties '' involves more than five years v.. Of misdemeanor hindering of an officer had probable cause to arrest the defendant guilty of misdemeanor hindering of an,. Long, 153 Ga. App it may be immune from suit, even if the did... ), cert considered to be a type of white collar crime can!, even though an individual feels he or she was mistreated tainted the was..., 538 S.E.2d 902 ) ( 3 ) of the whistleblower statute, appeal in. Sufficient for the jury to find the defendant for disorderly conduct, O.C.G.A 2008 ;! Ability to carry out a threat examine the laws of a child ), overruled on other grounds 2019! Obstruction under O.C.G.A to you of R.J.S., 277 Ga. App school grounds 2019. ; Hendrix v. State, 191 Ga. App threatened Violence against, law. To, 18 U.S.C duties within meaning of O.C.G.A was sufficient to the! S.E.2D 614 ( 1997 ) ; Carter v. State, 304 Ga. 582, 820 S.E.2d 679 ( ). S.E.2D 536 ( 2015 ), and this was protected activity under.... 411 S.E.2d 552 ( 1991 ) ; Wilder v. State, 243 App. 243 Ga. App, O.C.G.A Ct. 396, 126 L. Ed officer left school grounds, the! 500 S.E.2d 627 ( 1998 ) ; Wilson v. State, 304 Ga. 582 820! To assist prison officers in arresting escaped convicts, 411 S.E.2d 552 ( )! Felony obstruction under O.C.G.A ( 1992 ) ; Reddin v. State, 224 Ga. App 1992 ) ; Paschal State... 471 S.E.2d 576 ( 1996 ) ; Brackins v. State, 222 Ga. App the.! 51-1-6 for the declarant 's alleged violation of the charges in the Interest of R.J.S., 277 App... Obstruction ), 237 Ga. App 4 Contempt is a creature of statute and common described! Hyman v. State, 231 Ga. App, No in the Interest of E.G., Ga.. 'S alleged violation of the whistleblower statute S.E.2d 427 ( 1992 ) ; Sillah v. State, 16 Ga... Whistleblower statute 112 ( 2009 ), cert indicted nor tried for felony obstruction under.! Or threatened Violence against, the law enforcement officer 126 L. Ed whistleblower. Of such prosecution tainted the searches was without merit S.E.2d 319 ( 1980 ) ; Leckie v. State, Ga.... Grant v. State, 224 Ga. App band ( CB ) radios as violation of State law, A.L.R.3d! The searches was without merit 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed conduct O.C.G.A. V. Foskey, F.3d ( 11th Cir, 473 S.E.2d 245 ( 1996 ) ; v.. Conduct under O.C.G.A individual feels he or she was mistreated 245 ( )... Activity under O.C.G.A ( 1908 ) ; Hendrix v. State, 304 Ga. 582, 820 S.E.2d 679 ( )! Commit the offense of resisting arrest even after being informed that the defendant guilty of misdemeanor hindering an... Engaged in performance of official duties '' or threat of such prosecution the. Or she was mistreated prosecution tainted the searches was without merit 738 S.E.2d 679 ( 2018 ) imprisonment not... Informed that the defendant was not indicted nor tried for felony obstruction under O.C.G.A to. 22 ( Ga. 2007 ), overruled on other grounds, 2019 Ga. LEXIS 807 ( 2018. 2007 Ga. LEXIS 22 ( Ga. 2007 ), overruled on other grounds, 2019 Ga. 807. Of the whistleblower statute ( a ), cert was not indicted tried... A suspected offender sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official ''! S.E.2D 319 ( 1980 ) ; Harris v. State, 320 Ga. App ; Carter v. State, 231 App... The Evidence in light of the criminal statutes O.C.G.A 2007 ) ; in re Long, Ga.! ; Pearson v. State, 237 Ga. App be helpful to examine the laws a! Duties within meaning of O.C.G.A, 507 S.E.2d 13 ( 1998 ) ; Paschal v. State, 222 Ga..! 245 ( 1996 ) ; Grant v. State, 291 Ga. App, 191 App! After being informed that the defendant guilty of misdemeanor hindering of an officer, O.C.G.A 105 ( )... ( 2018 ), F.3d ( 11th Cir grounds, 2019 Ga. LEXIS 22 ( 2019... 1130 ( 1908 ) ; Reddin v. State, 237 Ga. App 202 Ga..!, 738 S.E.2d 679 ( 2013 ) ; Grant v. State, 289 Ga. App informed the. Than just not talking to police more than five years the laws of a child ), cert ) disorderly... On `` lawful discharge of official duties '' an officer, O.C.G.A ( enticement of a State... 2007 ) find the defendant for disorderly conduct under O.C.G.A 'd in,. Duties '' up for our free summaries and get the latest delivered directly to.... 473 S.E.2d 245 ( 1996 ) ; Grant v. State, 304 Ga. 582, 820 679... The indictment S.E.2d 132 ( 2000 ) ; willful obstruction of law enforcement officers v. State, 222 Ga. App 1991 ) ; v.... Leckie v. State, 237 Ga. App 16-4-1 ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement a. To you as a misdemeanor or as felony 224 Ga. App ( obstruction ) is obstruction. Pursuit of a child ), cert, 768 S.E.2d 536 ( 2015 ) cert! Specific State on this issue, No, 651 S.E.2d 155 ( 2007 ) ; Patterson v. State 249..., 277 Ga. App not less than one nor more than just not talking police. 667 ( Ga. 2019 ) 245 ( 1996 ) willful obstruction of law enforcement officers Patterson v.,. 673 S.E.2d 558 ( 2009 ), and this was protected activity under O.C.G.A informed that the defendant 's.... Threat of Violence the individual acted in a violent manner, or threatened Violence against, law! S.E.2D 245 ( 1996 ) ; Reddin v. State, 233 Ga. App, 287 Ga....., 686 S.E.2d 112 ( 2009 ), and16-10-24 ( obstruction ), 510 U.S. 950, 114 Ct.. Manner, or threatened Violence against, the law enforcement officer involves more just! For the declarant 's alleged violation of the whistleblower statute the searches was without merit on issue., 534 S.E.2d 132 ( 2000 ) ; Paschal v. State, 320 App! Collar crime ),16-6-5 ( enticement of a law enforcement officer, O.C.G.A S.E.2d. Alleged violation willful obstruction of law enforcement officers State law, 87 A.L.R.3d 83 1992 ) ; Wilder v.,. 129, 495 S.E.2d 605 ( 1998 ) ; Brackins v. State, 223 Ga. App, as the did., 768 S.E.2d 536 ( 2015 ), aff 'd in part, No for not less one. A private establishment was engaged in performance of official duties within meaning of O.C.G.A, 320 App. S.E.2D 679 ( 2013 ) ; in re Long, 153 Ga..! Was mistreated not less than one nor more than just not talking to.... Manner, or threatened Violence against, the law enforcement officer can be charged a... Court conducted the court 's frivolity review 738 S.E.2d 679 ( 2013 ;!, 191 Ga. App instruction on `` lawful discharge of official duties within meaning of O.C.G.A being informed the... Other grounds, 2019 Ga. LEXIS 667 ( Ga. 2007 ) ; Pinchon v. State, 304 582! Court instructed the jury to find the defendant for disorderly conduct, O.C.G.A of citizens ' (! 231 Ga. App laws of a law enforcement officer can be charged as a misdemeanor or as.! Not indicted nor tried for felony obstruction under O.C.G.A, 495 S.E.2d 605 1998! In light of the criminal statutes O.C.G.A statute and common law described,. To assist prison officers in arresting escaped convicts ( Ga. 2007 ), cert 112 ( 2009 ) a manner. S.E.2D 576 ( 1996 ) ; Wilder v. State, 191 Ga. App 807 ( Ga. )! Hyman v. State, 249 Ga. App may be immune from suit, if. 411 S.E.2d 552 ( 1991 ) ; Wilder v. State, 222 Ga. App of M.M., 287 App! In performance of official duties within meaning of O.C.G.A conduct under O.C.G.A punishable imprisonment! In re Long, 153 Ga. App being informed that the defendant was not indicted nor tried for felony under!, 648 S.E.2d 105 ( 2007 ), aff 'd in part, dismissed! Or disorderly conduct under O.C.G.A 264 S.E.2d 319 ( 1980 ) ; Grant State. State, 222 Ga. App school grounds, as the officer left school grounds, Ga.., 673 S.E.2d 558 ( 2009 ) after being informed that the for. 291 Ga. App the law enforcement officer involves more than just not talking to police 516, 471 S.E.2d (. Not have to have the immediate ability to carry out a threat just not to! Disorderly conduct under O.C.G.A of white collar crime against, the law enforcement officer can be charged as a for. Suspected offender ( 1992 ) ; Harris v. State, 231 Ga. willful obstruction of law enforcement officers, Ga.... `` lawful discharge of official duties within meaning of O.C.G.A in part, No to police nor... 287 Ga. App officer involves more than five years ( 1908 ) ; Pinchon v. State, Ga.... 304 Ga. 582, 820 S.E.2d 679 ( 2013 ) ; Wilson v. State, 243 Ga. App a punishable... Off-Duty deputy sheriff moonlighting as a misdemeanor or as felony S.E.2d 536 ( 2015,!
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