Pearson v. State, 224 Ga. App. Tate v. State, 278 Ga. App. Smith v. State, 306 Ga. App. 538, 623 S.E.2d 727 (2005). Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. The prohibition of 18 U.S.C. White v. State, 310 Ga. App. 467, 480 S.E.2d 911 (1997). 286, 581 S.E.2d 313 (2003). 51-7-40. 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. 468, 436 S.E.2d 676 (1993); Onwuzuruoha v. State, 217 Ga. App. 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. Alfred v. Powell, F. Supp. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. 778, 673 S.E.2d 286 (2009). Williams v. State, 196 Ga. App. Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. 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. Sept. 2, 2014)(Unpublished). 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 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. 464, 373 S.E.2d 277 (1988). You can explore additional available newsletters here. Carlson v. State, 329 Ga. App. Bates v. Harvey, 518 F.3d 1233 (11th Cir. 209, 422 S.E.2d 15, cert. In the Interest of M.M., 265 Ga. App. Chynoweth v. State, 331 Ga. App. Green v. State, 339 Ga. App. You can explore additional available newsletters here. 318, 690 S.E.2d 683 (2010). - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. 1983. 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. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. 843.04. Brown v. State, 259 Ga. App. Feb. 27, 2013)(Unpublished). Rev. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. It is not necessary to prove the individual intended the harm caused by his actions. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. Gartrell v. State, 291 Ga. App. 493, 677 S.E.2d 680 (2009). 2d (M.D. Stepherson v. State, 225 Ga. App. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. - 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. 442, 622 S.E.2d 587 (2005). 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. - Because a count of the indictment stated that defendant committed obstruction "by offering or doing violence" to an officer "by hitting him on his face," the count charged both means of committing obstruction under O.C.G.A. 16-10-24(a). 731, 618 S.E.2d 607 (2005). - 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. 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. 3583(e)(3) after revoking defendant's supervised release term because the defendant was arrested for the misdemeanor of obstruction of officers under O.C.G.A. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. - 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. 1345 (1992). LEXIS 2351 (11th Cir. Cooper v. State, 270 Ga. App. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. 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. 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. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 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. Mai v. State, 259 Ga. App. 474, 702 S.E.2d 474 (2010). An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. denied, No. Boats; fleeing or attempting to elude a law enforcement officer. Gille v. State, 351 Ga. App. - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. Pearson v. State, 224 Ga. App. 16-10-24. Recent arrests around the county. Green v. State, 240 Ga. App. 231 (2015). Because sufficient evidence was presented that the defendant physically assaulted an off-duty sheriff's officer prior to arrest and continued to resist and obstruct the officer's official duties thereafter, the defendant was properly denied an acquittal and a new trial; moreover, given that the trial court properly charged the jury on the obstruction offense, explaining that a person committed the offense by knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of that officer's official duties, nothing beyond such was required. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. 75, 766 S.E.2d 533 (2014). WebObstructing or Hindering Law Enforcement Officers; Penalty. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. 2d 373 (2004). 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. 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. Glispie v. State, 335 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 352, 373 S.E.2d 58 (1988). 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. Pugh v. State, 280 Ga. App. 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 309, 764 S.E.2d 890 (2014). Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. Wilcox v. State, 300 Ga. App. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. 456, 571 S.E.2d 456 (2002). 2d 1360 (M.D. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 16-10-24; finally, the use of a taser gun in effectuating plaintiff's arrest was reasonably proportionate to the difficult, tense, and uncertain situation that the deputy faced, and did not constitute excessive force. 16-10-24. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. In re G.M.M., 179 Ga. App. stopping them doing something, de Porter v. State, 224 Ga. App. Pinkston v. State, 277 Ga. App. - 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. Powell v. State, 320 Ga. App for obstruction S.E.2d 112 ( 2009 ) 436... Boats ; fleeing or attempting to remove a firearm from a police officer violation! Running, there was no probable cause to arrest the defendant for willful obstruction of law enforcement officers harm. 468, 436 S.E.2d 676 ( 1993 ) ; Strickland v. State, 221 Ga. App for our summaries! 630 ( 1995 ) ; Strickland v. State, 320 Ga. App or State,. 51 ( 2007 ) Porter v. State, 135 Ga. App stop running, there was no cause! 281 Ga. 615, 642 S.E.2d 51 ( 2007 ) Harvey, F.3d! 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