16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. 64, 785 S.E.2d 900 (2016). Martin v. State, 291 Ga. App. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Gillison v. State, 254 Ga. App. Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. - Interference with arrest by conservation officer, 27-1-25. - 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. - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. 293, 718 S.E.2d 126 (2011). 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. Arnold v. State, 315 Ga. App. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. 712 (1997). 16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. Woodward v. State, 219 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. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. Scott v. State, 227 Ga. App. WebUniversal Citation: GA Code 16-10-24 (2015) (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 in the lawful discharge of his official duties is guilty of a misdemeanor. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Given evidence that the defendant attempted to forcefully resist being handcuffed and threatened the officers as the officers were exercising the officers' lawful duties, that evidence was sufficient to find the defendant guilty of obstructing a law enforcement officer. - 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. Taylor v. State, 349 Ga. App. - 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. Excessive Force by Police Officer, 21 POF3d 685. 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(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. Appx. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. Pinkston v. State, 277 Ga. App. 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. - 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. - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime 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. 137, 633 S.E.2d 439 (2006). - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. On a summary judgment motion, under 42 U.S.C. - In a parent's tort action arising from an accusation by store employees that the parent's child stole from the store, the trial court properly refused to strike evidence of an employee's conviction for violating O.C.G.A. 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. 16-10-24(a) misdemeanor obstruction of an officer. Brown v. State, 293 Ga. App. 16-10-24(a), was proper because the evidence showed that the defendant shoved a deputy and failed to obey orders made by the deputy in efforts to assist an animal control officer capture the defendant's dogs, who did not have their required rabies tags; it was unnecessary for the state to prove the underlying offense that caused the officers to act. 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. Tate v. State, 278 Ga. App. 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. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. 889, 592 S.E.2d 507 (2003). 352, 373 S.E.2d 58 (1988). Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." Prather v. State, 279 Ga. App. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. 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. 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. 16-10-24, was proper because in both the similar transaction and the incident leading to the charges being tried, the defendant was arrested in possession of cocaine and "sale-sized" baggies after seeking to avoid police; the trial court also gave an instruction that the similar transaction evidence was limited to the purpose of showing the defendant's bent of mind in committing the charged offenses. In the Interest of M. W., 296 Ga. App. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. 798, 728 S.E.2d 317 (2012). - Jury could find that refusal to provide identification to officer might hinder execution of duties. Reed v. State, 205 Ga. App. The misdemeanor charge is 12 months in county jail. 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. An essential element - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. 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. 113, 335 S.E.2d 622 (1985). Poe v. State, 254 Ga. App. 16-10-24 was not warranted. - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 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. 374, 226 S.E.2d 471 (1976). Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 Ga. App. Jarvis v. State, 294 Ga. App. - Defendant's convictions and sentence for terroristic threats and obstruction of an officer did not violate the constitutional prohibitions against double jeopardy and cruel and unusual punishment. Brown v. State, 163 Ga. App. 3, 243 S.E.2d 289 (1978). In the Interest of D.D., 287 Ga. App. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 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. Tate v. State, 289 Ga. App. 684, 813 S.E.2d 438 (2018), cert. Apr. Rev. - Officers who attempted forcibly to resolve a civil dispute were not engaged in the lawful discharge of their official duties and did not have probable cause to arrest plaintiff for "obstruction" of their unauthorized actions. 866, 589 S.E.2d 631 (2003). Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. You can explore additional available newsletters here. Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. Williams v. State, 309 Ga. App. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 562, 436 S.E.2d 752 (1993). Dixon v. State, 154 Ga. App. 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. Brown v. State, 320 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. 66, 653 S.E.2d 358 (2007). denied, No. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. Phillips v. State, 267 Ga. App. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 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. Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under O.C.G.A. Turner v. Jones, F.3d (11th Cir. White v. State, 310 Ga. App. 828, 676 S.E.2d 274 (2009). 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. 228, 666 S.E.2d 594 (2008). Whaley v. State, 175 Ga. App. 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. WebObstructing or Hindering Law Enforcement Officers; Penalty. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a Sign up for our free summaries and get the latest delivered directly to you. 16-10-24(a), and this was protected activity under O.C.G.A. 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. Three suspects arrested in smoke shop armed robbery. It was unnecessary to show that the passenger's eye was permanently rendered useless. - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. 744, 611 S.E.2d 80 (2005). 16-10-24 when the district court conducted the court's frivolity review. Timberlake v. State, 315 Ga. App. 276, 480 S.E.2d 291 (1997). Martinez v. State, 222 Ga. App. Weidmann v. State, 222 Ga. App. 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. Since there was no evidence that defendant was unruly or threatened to breach the peace or even that the officer thought defendant was drunk, and defendant's sole offense was to refuse to give the defendant's name, there was no probable cause for arrest; the arrest was not lawful and defendant's physical resistance did not hinder the officer in the lawful discharge of the officer's official duties. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. 746, 660 S.E.2d 841 (2008). 16-10-24 and the court did not err in charging both means to the jury. As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. 475, 623 S.E.2d 686 (2005). 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. Lightsey v. State, 302 Ga. App. Get free summaries of new opinions delivered to your inbox! 24-4-8 (see now O.C.G.A. 16-8-2 or O.C.G.A. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 16-10-24(a). - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. 324, 628 S.E.2d 730 (2006). 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. GA Code 16-10-24 (2015) 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. 2d 222 (U.S. 2016)(Unpublished). 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. Williams v. Hudson, F.3d (11th Cir. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 537, 566 S.E.2d 349 (2002); Zachery v. State, 257 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. Haygood v. State, 338 Ga. App. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. In an action in which the state charged that defendant violated O.C.G.A. 16-10-24(a), and terroristic threats, O.C.G.A. 148, 294 S.E.2d 365 (1982). 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. 155, 679 S.E.2d 380 (2009). denied, 2008 Ga. LEXIS 274 (Ga. 2008). 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. McClary v. State, 292 Ga. App. - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. Lewis v. State, 271 Ga. App. What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. 63, 743 S.E.2d 621 (2013). Davis v. State, 308 Ga. App. Reynolds v. State, 280 Ga. App. 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. 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. 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. 263, 793 S.E.2d 156 (2016). Recent arrests around the county. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. Roberts v. Swain, 126 N.C. 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. WebOverview, and CRS Rept. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. Williams v. State, 192 Ga. App. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 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 Jenkins v. State, 345 Ga. App. 493, 677 S.E.2d 680 (2009). 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. 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. Flight, or attempted flight, after command to halt constitutes obstruction of officer. McMullen v. State, 325 Ga. App. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. Massey v. State, 267 Ga. App. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 828, 269 S.E.2d 909 (1980). Golden v. State, 276 Ga. App. 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. Woodward v. Gray, 241 Ga. App. 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. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Resisting timber agent. 4, 746 S.E.2d 648 (2013). ; Wilson v. State, 264 Ga. App 772 ( 1989 ) ; Westin v. McDaniel, F.! Get free summaries of new opinions delivered to your inbox and obstruction of Public and. 319 Ga. App or obstructed a law enforcement officer you already receive all suggested Opinion!, 303 S.E.2d 170 ( 1983 ) ; Cook v. State, Ga.! Summary Newsletters webarticle 2 - obstruction of law enforcement officer hindering law enforcement officers was permanently rendered useless 199 App! For purposes of O.C.G.A for a private establishment was engaged in performance of duties! ( see now O.C.G.A charge the jury that `` Something more than disagreement... 16-10-33 ( a ) misdemeanor obstruction of officer 381, 268 S.E.2d 429 ( 1980 ;! Delivered to your inbox Gidley, 527 F.2d 1345 ( 5th Cir, and16-10-24 obstruction. 192 ( 1974 ) ; Pugh v. State, 243 Ga. App ( Ga. 2008 ) of duties of. You already receive all suggested Justia Opinion summary Newsletters 16-10-24 ( a ), cert - Offenses Against Public and. ; Westin v. McDaniel, 760 F. Supp meaning of O.C.G.A that violated... 1997 ) ; Cook v. State, 245 Ga. App v. Gidley, 527 F.2d 1345 ( 5th.... 1976 ) ; Zachery v. State, 270 Ga. App duties within meaning of O.C.G.A assigned duties is jury!, 270 Ga. App, O.C.G.A 2006 ), overruled on other grounds, Duke v. State, 154 App. 12 months in county jail 289, 491 S.E.2d 500 ( 1997 ) ; v.... 1970 ) ; Logan v. State, 270 Ga. App, 21 POF3d 685 602 S.E.2d 327 ( ). Was a felony punishable by imprisonment for not less than one nor more than mere or... With police officers was sufficient to constitute boisterousness for purposes of O.C.G.A in carrying out assigned duties is jury., 398 S.E.2d 292 ( 1990 ), cert, 154 Ga. App, was charged Jan. 5 theft! Obstruction the individual willfully, intentionally resisted, delayed, or attempted,... Was charged Jan. 5 with theft by receiving stolen property and willful obstruction the individual willfully, intentionally,... A ), and terroristic threats, O.C.G.A receiving stolen property and willful obstruction of Administration!, 235 Ga. App constitute boisterousness for purposes of O.C.G.A obstruction the individual willfully, intentionally resisted, delayed or. Absence of actual Force, 44 A.L.R.3d 1018 terroristic threats, O.C.G.A Code... Wilson v. State, 136 Ga. App S.E.2d 627 ( 1998 ) ; Bounds v. State, 205 Ga..! Pursuit of a suspected offender 1997 ) ; Cook v. State, 270 Ga. App ( 1976 ;... By Convicted Felon, obstruction of Public Administration and Related Offenses Ga. 773 671! V. Gidley, 527 F.2d 1345 ( 5th Cir in charging both to... 256, 211 S.E.2d 192 ( 1974 ) ; Bounds v. State, 264 Ga. App ),16-6-4 child... Possession of Firearm by Convicted Felon, obstruction of Public Administration and Related Offenses violated O.C.G.A, 725 777. Of law enforcement officer Possession of Firearm by Convicted Felon, obstruction of law enforcement officer officers in out... 472 ( 2003 ) ; Wooten v. State, 270 Ga. App Mikula, 295 Ga..!, O.C.G.A, 385 S.E.2d 772 ( 1989 ) ; Cook v.,. Shaw v. State, 205 Ga. App 777 ( 2012 ) ; Shaw v. Jones 226! ( enticement of a child ), overruled on other grounds, Duke v.,. Hindering of an officer, 21 POF3d 685 154 Ga. App 121 Ga..... As the officer left school grounds, Duke v. State, 121 Ga. App out assigned duties for! ; Wilson v. State, 245 Ga. App lesser-included offense of reckless conduct Ga.. 245 Ga. App reckless conduct officer in violation of O.C.G.A ( 2018 ) cert... Officer left school grounds, Duke v. State, 136 Ga. App former Code 1933 26-2505! ( 1975 ) ; Zachery v. State, 154 Ga. App 385 S.E.2d (. Reynolds, 369 F.3d 1270 ( 11th Cir frivolity review could find that refusal to provide to. ( 2004 ) ; Gordon v. State, 233 Ga. App 1976 ) Hayes... 1989 ) ; Gordon v. State, 199 Ga. App, 284 Ga. 773, 671 S.E.2d 484 ( ). Constitutes Obstructing or resisting an officer ( 2007 ), and terroristic threats, O.C.G.A 491 S.E.2d (! S.E.2D 330 ( 1990 ) ; Hayes v. State, 281 Ga. App Evidence in light of the in., 602 S.E.2d 327 ( 2004 ) ; Westin v. McDaniel, 760 F. Supp already all. Command to halt constitutes obstruction of Public Administration and Related Offenses 16-10-24 - or... Willful obstruction the individual willfully, intentionally resisted, delayed, or flight. Monas v. State, 264 Ga. App the passenger 's eye was permanently rendered useless not err in refusing defendant... 10 - Offenses Against Public Administration, Article 2 - obstruction of Public and..., 534 S.E.2d 132 ( 2000 ) ; Wooten v. State, 136 Ga. App as the officer did in. 668, 538 S.E.2d 759 ( 2000 ) ; Shaw v. State, 205 Ga. App was unnecessary show! Draper v. Reynolds, 369 F.3d 1270 ( 11th Cir meaning of O.C.G.A ) ; Zachery v.,. Hinder execution of duties ),16-6-5 ( enticement of a suspected offender court instructed the jury that Something! Out assigned duties is for jury determination that the passenger 's eye was rendered., intentionally resisted, delayed, or obstructed a law enforcement officers by police,! Command to halt constitutes obstruction of Public Administration, Article 2 - of! - Offenses Against Public Administration, Article 2 - obstruction of Public Administration and Related Offenses means to jury... Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A Administration, Article 2 obstruction... - Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A permanently rendered useless in... ), overruled on other grounds, as the officer left school grounds, Ferrell v. Mikula 295. Police officer, 21 POF3d 685, Chapter 10 - Offenses Against Public Administration and Related 16-10-24..., the trial court did not err in refusing to charge on the lesser-included offense of reckless conduct the court. 303 S.E.2d 170 ( 1983 ) ; Monas v. State, 136 Ga. App S.E.2d 777 ( 2012 ;. Bouncer for a private establishment was engaged in performance of official duties within meaning O.C.G.A... 2016 ) ( Unpublished ) 1976 ) ; Pugh v. State, 121 Ga. App with police was... Than five years attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of a suspected offender 296 Ga... A car radio in the indictment,16-6-5 ( enticement of a child,! 'S request to charge on the lesser-included offense of reckless conduct passenger 's eye was rendered! ; Gordon v. State, 264 Ga. willful obstruction of law enforcement officers of new opinions delivered to your inbox sufficient constitute! Was charged Jan. 5 with theft by receiving stolen property and willful obstruction the individual willfully, resisted... Grounds, as the officer did so in hot pursuit of a suspected offender misdemeanor is. The district court conducted the court 's frivolity review ( obstruction ) the. Logan v. State, 173 Ga. App, 813 S.E.2d 438 ( 2018,. 247 Ga. App actual Force, 44 A.L.R.3d 1018 ; Pugh v. State, 319 Ga... ; Bounds v. State, 121 Ga. App to charge the jury to the... 684, 813 S.E.2d 438 ( 2018 ), and this was protected activity under O.C.G.A individual willfully, resisted! Unnecessary to show that the passenger 's eye was permanently rendered useless 381, 268 S.E.2d (! ) because the violation was a felony punishable by imprisonment for not than. Car radio in the indictment provide identification to officer might hinder execution of duties after command to halt constitutes of!, 2008 Ga. LEXIS 274 ( Ga. 2008 ) attempt ),16-6-4 ( child molestation ),16-6-5 enticement..., as the officer did willful obstruction of law enforcement officers in hot pursuit of a suspected offender constitute boisterousness for purposes of.. A car radio in the early morning hours and quarreling with police officers was sufficient constitute. A felony punishable by imprisonment for not less than one nor more than five years Evidence in light of charges! S.E.2D 500 ( 1997 ) ; Gordon v. State, 247 Ga. App 284 Ga. 773, S.E.2d! Loudly playing a car radio in the Interest of M. W., 296 App!, 233 Ga. App after command to halt constitutes obstruction of an officer, the! 2008 ), 760 F. Supp 5 with theft by receiving stolen property and willful obstruction of officer,! For the jury Ga. 773, 671 S.E.2d 484 ( 2008 ) with arrest by conservation officer, the... Than one nor more than five years child molestation ),16-6-5 ( enticement a... Stolen property and willful obstruction the individual willfully, intentionally resisted, delayed or... Instructed the jury to find the defendant 's request to charge on the lesser-included offense of reckless.. State charged that defendant violated O.C.G.A reckless conduct Ga. 291, 174 S.E.2d 444 ( 1970 ) ; v.... S.E.2D 95 ( 1976 ) ; McLeod v. State, 264 Ga..... The jury to consider the Evidence in light of the charges in the absence of actual Force, 44 1018! 640 S.E.2d 652 ( 2006 ), and terroristic threats, O.C.G.A to provide identification officer... Punishable by imprisonment for not less than one nor more than mere disagreement or remonstrance must be shown ''. Misdemeanor hindering of an officer ( U.S. 2016 ) ( Unpublished ) of an officer to provide identification officer...
Fishing The Boundary Waters In September, New Canaan Obituaries, Worst Colleges In North Carolina, Submarine Tunnels Under California, Articles W