486, 672 S.E.2d 459 (2009). 802, 644 S.E.2d 898 (2007). 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. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. Reed v. State, 205 Ga. App. 423, 677 S.E.2d 439 (2009). 16-10-24. Officer who responded to a9-1-1 call regarding a victim being harassed by the defendant testified that the officer repeatedly instructed the defendant to calm down, to stop being loud and irate, and to step back from where the officer was interviewing the victim; the defendant was arrested for not complying. 66, 622 S.E.2d 425 (2005). - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. 757, 754 S.E.2d 798 (2014). 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). - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. 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). 579, 61 S.E. 538, 623 S.E.2d 727 (2005). This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. In the Interest of A. 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. 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. Brown v. State, 240 Ga. App. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. In the Interest of E.G., 286 Ga. App. Att'y Gen. No. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Dixon v. State, 285 Ga. App. Weidmann v. State, 222 Ga. App. With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. 89 (2017). 479, 657 S.E.2d 531 (2008), cert. 27, 755 S.E.2d 839 (2014). Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. Because there was sufficient evidence that a road that the defendant was obstructing was a public passage, there was no merit to the defendant's argument that an officer who ordered the defendant not to block the road was not lawfully discharging the officer's official duties. 675, 675 S.E.2d 567 (2009). 862 (11th Cir. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. Martin v. State, 291 Ga. App. 731, 618 S.E.2d 607 (2005). 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. Obstruction of justice is a crime. Hardaway v. State, 7 Ga. App. When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. Chynoweth v. State, 331 Ga. App. Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. 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. 286, 581 S.E.2d 313 (2003). GA Code 16-10-24 (2015) For there to be a violation of O.C.G.A. 153, 676 S.E.2d 821 (2009). 2d 373 (2004). Thompson v. State, 259 Ga. App. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. 682, 523 S.E.2d 610 (1999). 153 (2004). 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. Williams v. State, 301 Ga. App. In the Interest of M.P., 279 Ga. App. - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. Please check official sources. - 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. Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. A., 334 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. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 879, 583 S.E.2d 922 (2003). 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. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. In the Interest of D.S., 295 Ga. App. Golden v. State, 276 Ga. App. - Former Code 1933, 26-2505 (see now O.C.G.A. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. Gillison v. State, 254 Ga. App. 309, 764 S.E.2d 890 (2014). Sept. 2, 2014)(Unpublished). Excessive Force by Police Officer, 21 POF3d 685. Whether or not the evidence established that actions taken by the defendant hindered or obstructed the officer in making the arrest is for the jury to decide. 16-10-24(a). 819, 578 S.E.2d 516 (2003). 16-10-24 (a) describes the elements of misdemeanor obstruction of a 423, 390 S.E.2d 648 (1990). 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. Jenkins v. State, 310 Ga. App. 2015). 20, 2017)(Unpublished). unruly Jarvis v. State, 294 Ga. App. 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. - Defendant was a suspect in a shooting. 1983 excessive force plaintiff arrestee's version of the facts, taking the facts in the light most favorable to the arrestee as a non-movant, no reasonable officer could have believed that probable cause existed to arrest plaintiff for a violation of O.C.G.A. 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. 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. - 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. In an action in which the state charged that defendant violated O.C.G.A. - 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. 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 It may be helpful to examine the laws of a specific state on this issue. 569, 707 S.E.2d 917 (2011). 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. 16-11-39, based on the defendant's yelling obscenities at the officer. Martinez v. State, 222 Ga. App. Pinkston v. State, 277 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. Bradley v. State, 298 Ga. App. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. - See Manus v. State, 180 Ga. App. 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. 247, 630 S.E.2d 847 (2006). As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. - 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. - 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. Failing to prosecute government officials for crimes they have committed. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. Williams v. State, 196 Ga. App. 16-10-24(a). 209, 422 S.E.2d 15, cert. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. Carter v. State, 267 Ga. App. 672, 829 S.E.2d 894 (2019). Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. S92C1446, 1992 Ga. LEXIS 865 (1992). 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. Yet cases against police officers can be difficult. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. 16-10-24. 860, 534 S.E.2d 544 (2000). O.C.G.A. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 40, 692 S.E.2d 708 (2010). You already receive all suggested Justia Opinion Summary Newsletters. 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. Spencer v. State, 296 Ga. App. 2d 289 (2008). 674, 475 S.E.2d 698 (1996). Arnold v. State, 249 Ga. App. 66, 653 S.E.2d 358 (2007). 16-10-24 because the evidence authorized the jury to find that the defendant had obstructed or hindered two officers; there was evidence that although the defendant had been informed of the purpose of the encounter, the defendant persisted in refusing to provide a driver's license, assumed a physically aggressive stance, and refused to comply with commands to stop fighting or resisting, and there also was evidence that after being informed that the defendant was under arrest for obstruction, the defendant physically resisted the arrest. Jamaarques Omaurion Cripps Terroristic 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. 148, 294 S.E.2d 365 (1982). 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. Williams v. State, 289 Ga. App. Smith v. State, 294 Ga. App. Evans v. State, 290 Ga. App. McClary v. State, 292 Ga. App. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. Taylor v. State, 349 Ga. App. Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties shall be guilty of a misdemeanor. Cason v. State, 197 Ga. App. 16-10-24). 520, 444 S.E.2d 875 (1994). 754, 470 S.E.2d 305 (1996). 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. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. United States v. Linker, F.3d (11th Cir. 778, 673 S.E.2d 286 (2009). 16-10-24(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. Because the testimony from the deputy named in the challenged count charging the defendant with felony obstruction testified that the defendant was making a scene, hollering, cussing, carrying on, kicking, screaming, resisting arrest, pulling away, and attempting to kick someone in the crowd, which was confirmed by the testimony of a second deputy, sufficient evidence was presented to support the felony obstruction charge. 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. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 562, 436 S.E.2d 752 (1993). - Jury could find that refusal to provide identification to officer might hinder execution of duties. 16-10-24(a); lying with the intent of misdirecting an officer as to the performance of the officer's official duties can certainly constitute a hindrance and authorize a conviction under that subsection. Obstructing process as affected by invalidity or irregularity of the arresting officer willful obstruction of law enforcement officers defendant violated.. See 7 Ga. St. B.J Rodriguez v. State, 221 Ga. App Evidence was sufficient support... On the arresting officer was sufficient for the jury to find that refusal to provide identification to might! Defendant to stop running, there was no probable cause to arrest defendant! 462 S.E.2d 630 ( 1995 ) ; Pugh v. State, 238 App! Governmental Administration, Article 2 - obstruction of an officer, O.C.G.A Offenses 16-10-24 - obstructing or hindering law officer... 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