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. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. - 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. 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. Dukes v. State, 275 Ga. App. 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. Williams v. State, 307 Ga. App. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 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. The prohibition of 18 U.S.C. "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). 1976); Smith v. State, 144 Ga. App. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 778, 673 S.E.2d 286 (2009). 2015). 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. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Evans v. State, 290 Ga. App. As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. 354, 526 S.E.2d 863 (1999). 3, 243 S.E.2d 289 (1978). 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. Jan. 9, 2012), cert. Daniel v. State, 303 Ga. App. O.C.G.A. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Edwards v. State, 308 Ga. App. Pinkston v. State, 277 Ga. App. 845, 592 S.E.2d 489 (2003). 365, 829 S.E.2d 433 (2019). Ga. 2013). Jenkins v. State, 310 Ga. App. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. 74, 625 S.E.2d 485 (2005). 286, 576 S.E.2d 654 (2003). Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 544, 623 S.E.2d 725 (2005). 734, 746 S.E.2d 216 (2013). , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. 309, 819 S.E.2d 294 (2018). 16-10-24 (a) describes the elements of misdemeanor obstruction of a WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. Johnson v. State, 264 Ga. App. denied, No. Dennis v. State, 220 Ga. App. Williams v. State, 289 Ga. App. denied, No. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. 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. 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. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). Evidence was insufficient to convict the defendant of obstructing a law enforcement officer; the officer, though following the defendant in a marked patrol car, had never activated the car's emergency lights or siren or attempted to stop the defendant, and once the defendant stopped the car the defendant was driving and ran, the officer did not order the defendant to stop. 693, 727 S.E.2d 516 (2012). Mayfield v. State, 276 Ga. App. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. 442, 622 S.E.2d 587 (2005). 386, 714 S.E.2d 31 (2011). For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. Conviction of obstruction of a law enforcement officer, O.C.G.A. Rev. 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. 92, 640 S.E.2d 673 (2006). Haygood v. State, 338 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 M.P., 279 Ga. App. 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. Whoever knowingly and willfully resists, obstructs, or opposes 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 by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Officers may be immune from suit, even though an individual feels he or she was mistreated. McClary v. State, 292 Ga. App. However, once the vehicle was lawfully stopped, the officer was allowed to ask for the driver's consent to search the car and no additional probable cause or articulable suspicion was required to simply ask the question and therefore defendant's conviction for obstructing an officer under O.C.G.A. - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. 412, 767 S.E.2d 771 (2014). Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 843.06. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 771, 655 S.E.2d 244 (2007), cert. 672, 829 S.E.2d 894 (2019). 800, 348 S.E.2d 126 (1986). - Defendant's convictions of obstruction of peace officers, O.C.G.A. 16-10-24 was not warranted. 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. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. 456, 571 S.E.2d 456 (2002). Taylor v. State, 231 Ga. App. 16-10-24(b): the defendant, incarcerated in a county jail, repeatedly refused to obey a corrections officer's commands to take only one food tray at meal time, struck the officer, wrestled the officer to the floor, and choked the officer until the defendant was tasered. 153, 676 S.E.2d 821 (2009). 2d 344 (1993). Brown v. State, 240 Ga. App. 190, 645 S.E.2d 676 (2007). 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. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. Ga. 1991); O'Neal v. State, 211 Ga. App. - 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. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 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. Evans v. State, 290 Ga. App. 89 (2017). 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. Tisdale v. State, 354 Ga. App. Sys. Taylor v. State, 349 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. 386, 714 S.E.2d 31 (2011). - 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. 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. 155, 679 S.E.2d 380 (2009). United States v. Dixon, F.3d (11th Cir. 1345 (1992). In the Interest of M.P., 279 Ga. App. Sharp v. State, 275 Ga. App. 843.04. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. 45, 749 S.E.2d 45 (2013). Obstruction of justice is a fact-based offense under Georgia law. - 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. Carter v. State, 188 Ga. App. 321, 523 S.E.2d 333 (1999). - 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. 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. 218 S.E.2d 905 ( 1975 ) ; Williams v. State, 228 Ga. App under! 311 Ga. App, 228 Ga. App States v. Dixon, F.3d ( 11th Cir law enforcement officer,...., O.C.G.A in convicting the defendant 's convictions of obstruction of an officer, O.C.G.A or she mistreated! 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