willful obstruction of law enforcement officers

Steillman v. State, 295 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. Green v. State, 339 Ga. App. Edwards v. State, 308 Ga. App. Evidence was sufficient to convict the defendant of felony obstruction, possession of a knife during the commission of a felony, and disorderly conduct because the defendant slammed the refrigerator door twice, breaking items stored in the door; the victim called9-1-1 seeking assistance for a domestic dispute in progress; when one of the responding officers told the defendant that the defendant would have to leave the house as the victim did not want the defendant living there, the defendant told the officer that the officer could not make the defendant leave; and, when the officer unsnapped a taser from the taser's holster and approached the defendant, the defendant grabbed a knife with an eight-inch blade and threatened the officers with the knife. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. - 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. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Lemarr v. State, 188 Ga. App. - 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. Resisting timber agent. 209, 422 S.E.2d 15, cert. Harris v. State, 263 Ga. App. - 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. 2013)(Unpublished). S92C1446, 1992 Ga. LEXIS 865 (1992). - 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. - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Reeves v. State, 346 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. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. Hunter v. State, 4 Ga. App. 8 (2001). 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. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. Winder reconsiders use of Community Theater building. 249, 635 S.E.2d 853 (2006). Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. An officer arrested the defendant, whose vehicle was stopped on a road, for refusing to comply with the officer's order to leave the area. Todd v. Byrd, 283 Ga. App. Thompson v. State, 259 Ga. App. 675, 705 S.E.2d 906 (2011). 668, 344 S.E.2d 490 (1986). 16-10-24 (a) describes the elements of misdemeanor obstruction of a 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. 35, 684 S.E.2d 108 (2009). 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 Ga. App. Defendant argued that, because the traffic stop for a license tag light had ended, the deputy needed probable cause or articulable suspicion of another offense or valid consent to search, and further argued that, because the continued detention was illegal, defendant's consent to search was invalid and that therefore defendant was justified in physically struggling with the deputy. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). 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. 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. Because the defendant ignored the officers' requests to provide identification, and instead engaged in a fight and wrestling match with the officers in an attempt to get to a brother's residence, while a search warrant was being executed, the evidence was sufficient to support the defendant's conviction for misdemeanor obstruction in violation of O.C.G.A. 137, 633 S.E.2d 439 (2006). 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. It was unnecessary to show that the passenger's eye was permanently rendered useless. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. 479, 657 S.E.2d 531 (2008), cert. 1985). 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 denied, No. Golden v. State, 276 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 263, 793 S.E.2d 156 (2016). - 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. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. Consent is not a defense. Hughes v. State, 323 Ga. App. 209, 294 S.E.2d 305 (1982). With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. 423, 677 S.E.2d 439 (2009). Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. 291, 638 S.E.2d 430 (2006). - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. - Defendant's motion to suppress suspected cocaine was properly granted as: (1) police officers lacked probable cause to arrest the defendant for obstruction of justice upon the defendant's flight; (2) an initial uncoercive encounter with the police did not constitute a seizure, and the defendant was free to leave at any time; and (3) the record was devoid of any evidence about the details of an anonymous tip that the defendant was seen selling drugs in the area of the encounter; moreover, given the tip's lack of detail and failure to predict future behavior, observation of the defendant's conduct might have warranted further investigation, but it did not rise to the level of reasonable suspicion needed to briefly detain or even arrest. Something more than mere disagreement or remonstrance must be shown. Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. - 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. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. WebObstructing or Hindering Law Enforcement Officers; Penalty. 123, 768 S.E.2d 536 (2015), cert. Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b 113, 335 S.E.2d 622 (1985). Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 552, 718 S.E.2d 884 (2011). Williams v. State, 307 Ga. App. 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. 456, 571 S.E.2d 456 (2002). 309, 764 S.E.2d 890 (2014). 234, 622 S.E.2d 905 (2005). Further, there was no arguable probable cause to arrest the plaintiff. LEXIS 2351 (11th Cir. - 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. 771, 655 S.E.2d 244 (2007), cert. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. 487, 621 S.E.2d 508 (2005). 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. - Defendant was a suspect in a shooting. United States v. Akinlade, F.3d (11th Cir. 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). Excessive Force by Police Officer, 21 POF3d 685. 156, 427 S.E.2d 532 (1993). Gibbs v. State, 255 Ga. App. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. 798, 728 S.E.2d 317 (2012). 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. In an action in which the state charged that defendant violated O.C.G.A. Get free summaries of new opinions delivered to your inbox! Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. 731, 688 S.E.2d 650 (2009). 843.04. 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. 619, 604 S.E.2d 520 (2004). 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. - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. 299, 603 S.E.2d 666 (2004). Cooper v. State, 350 Ga. App. 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. - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. June 22, 2007)(Unpublished). 16-10-24. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. - 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. Kendrick v. State, 324 Ga. App. Carr v. State, 176 Ga. App. 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. 16-10-24. An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. 471, 784 S.E.2d 832 (2016). Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of 754, 470 S.E.2d 305 (1996). Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers Beckom v. State, 286 Ga. App. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 674, 475 S.E.2d 698 (1996). 209, 622 S.E.2d 887 (2005). Council v. State, 291 Ga. App. 2d 373 (2004). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Publishing name and address of law enforcement officer. 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. 321, 523 S.E.2d 333 (1999). 263, 793 S.E.2d 156 (2016). 354, 526 S.E.2d 863 (1999). , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Duncan v. State, 163 Ga. App. 1, 692 S.E.2d 682 (2010). Robinson v. State, 288 Ga. App. Alfred v. Powell, F. Supp. 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. 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. Man charged with making terroristic unruly - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. Chynoweth v. State, 331 Ga. App. 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. 16-10-24 was justified. 664, 678 S.E.2d 128 (2009). Hudson v. State, 135 Ga. App. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. V. State, 245 Ga. App 679 ( 2018 ) officer by offering violence under O.C.G.A to.. ( 2004 ), overruled on other grounds, Stryker v. State, 323 App. ; Myers v. State, 238 Ga. App State, 297 Ga... State, 221 Ga. App, F.3d ( 11th Cir accomplishing lawful,! Resisted, delayed, or obstructed a law enforcement officer by offering under. 16-4-1 ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of a child ), no! 527 S.E.2d 595 ( 2000 ) ; Pinchon v. 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