3, 243 S.E.2d 289 (1978). 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. 64, 785 S.E.2d 900 (2016). 2d (M.D. 569, 707 S.E.2d 917 (2011). 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. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 45, 749 S.E.2d 45 (2013). 456, 571 S.E.2d 456 (2002). 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. Duncan v. State, 163 Ga. App. 209, 422 S.E.2d 15, cert. Timberlake v. State, 315 Ga. App. 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. 16-8-2 or O.C.G.A. Coroner Kenny 16-10-24(b). 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. - 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. Winder reconsiders use of Community Theater building. 16-13-30(b), and obstructing or hindering law enforcement officers, 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. denied, No. Jarvis v. State, 294 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. 475, 623 S.E.2d 686 (2005). 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 16-10-24(b). O.C.G.A. - Jury could find that refusal to provide identification to officer might hinder execution of duties. When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. Williams v. State, 285 Ga. App. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 357, 529 S.E.2d 644 (2000). 1345 (1992). 64, 785 S.E.2d 900 (2016). - Following the state agreeing to dismiss the RICO and theft charges against the defendant in exchange for a guilty plea to one misdemeanor count of hindering and obstructing a law enforcement officer conditioned upon the defendant testifying truthfully at the trial against the co-defendants, the trial court erred by imposing a sentence upon the defendant which differed from the understood terms of the negotiated plea. 148, 294 S.E.2d 365 (1982). It must an act of hindering the officer from doing their officials duties like: Feb. 4, 2015), cert. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 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. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. Spencer v. State, 296 Ga. App. Libri v. State, 346 Ga. App. 650, 629 S.E.2d 438 (2006). 16-10-56. 228, 666 S.E.2d 594 (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. of Ga., 330 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. - 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. Tate v. State, 278 Ga. App. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. - Defendant's convictions of obstruction of peace officers, O.C.G.A. 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. 225, 573 S.E.2d 472 (2002). 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). For there to be a violation of O.C.G.A. Albers v. Ga. Bd. 25, 2011). Further, there was no arguable probable cause to arrest the plaintiff. 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. 735, 841 S.E.2d 82 (2020). Appx. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. 693, 727 S.E.2d 516 (2012). - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. Kates v. State, 271 Ga. App. Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. 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. Hudson v. State, 135 Ga. App. 889, 592 S.E.2d 507 (2003). Defendant's conviction for obstruction of an officer under O.C.G.A. Chynoweth v. State, 331 Ga. App. Fricks v. State, 210 Ga. App. Robinson v. State, 288 Ga. App. Owens v. State, 288 Ga. App. 156, 545 S.E.2d 312 (2001). 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. 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. Lightsey v. State, 302 Ga. App. 595, 634 S.E.2d 410 (2006), cert. Arnold v. State, 315 Ga. App. 362, 532 S.E.2d 481 (2000). - Evidence was sufficient to support defendant's conviction for obstruction of a law enforcement officer, as the state proved defendant committed the obstruction act knowingly and willfully, and that the officer was lawfully discharging the officer's duties at the time of the obstruction; the state was not also required to prove the underlying offense. Ga. 1991); O'Neal v. State, 211 Ga. App. 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. - 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. Hampton v. State, 287 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 16-10-24(a) misdemeanor obstruction of an officer. 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. Arsenault v. State, 257 Ga. App. 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. Mar. 802, 644 S.E.2d 898 (2007). Lee v. State, 347 Ga. App. - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. 834, 717 S.E.2d 332 (2011). 24-9-84.1(a)(1) (see now O.C.G.A. 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. Jan. 9, 2012), cert. 7 (2008). The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 51-7-1 and malicious prosecution under O.C.G.A. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). 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. 682, 523 S.E.2d 610 (1999). 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. 471, 577 S.E.2d 288 (2003). 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. Golden v. State, 276 Ga. App. 247, 630 S.E.2d 847 (2006). 778, 673 S.E.2d 286 (2009). Sign up for our free summaries and get the latest delivered directly to you. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. 16-5-23. 432, 626 S.E.2d 626 (2006). In the Interest of M.M., 265 Ga. App. Reeves v. State, 288 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. 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. 482, 669 S.E.2d 477 (2008). 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. 691, 78 S.E. Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. Obstruction of justice is a crime. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. Johnson v. State, 289 Ga. App. 85, 498 S.E.2d 531 (1998). 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. 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