Reed v. State, 205 Ga. App. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. Mar. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. 123, 768 S.E.2d 536 (2015), cert. Tuggle v. State, 236 Ga. App. 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. 352, 373 S.E.2d 58 (1988). WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. Frasier v. State, 295 Ga. App. Ga. L. 2017, p. 500, 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'". The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 24-9-84.1(a)(1) (see now O.C.G.A. 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. Porter v. State, 224 Ga. App. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. McCarty v. State, 269 Ga. App. - 58 Am. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. Stryker v. State, 297 Ga. App. 456, 571 S.E.2d 456 (2002). 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. O.C.G.A. Mayfield v. State, 276 Ga. App. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 151, 842 S.E.2d 920 (2020). 8 (2001). 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. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Publishing name and address of law enforcement officer. - 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. O.C.G.A. 874, 354 S.E.2d 202 (1987). Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 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. Fricks v. State, 210 Ga. App. 16-10-24. Duitsman v. State, 212 Ga. App. 619, 604 S.E.2d 520 (2004). The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). Collins v. Ensley, 498 Fed. Mitchell v. State, 312 Ga. App. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. - State's evidence was sufficient to find juvenile defendant committed criminal trespass, obstructed a police officer, and interfered with government property, and the juvenile court properly adjudicated the juvenile delinquent; the juvenile threw an egg at an officer's car damaging a plastic strip on the car window, broke at least two windows in the police substation, and obstructed an officer by fleeing after the officer was identified and ordered defendant to stop. Williams v. State, 260 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. 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. 749, 637 S.E.2d 128 (2006). 811, 714 S.E.2d 410 (2011). 777, 644 S.E.2d 896 (2007). - Viewed in a light most favorable to the verdict, evidence that defendant violently assaulted two officers who arrived at the scene of a heated argument between defendant and defendant's spouse was sufficient to allow a jury to find defendant guilty of obstructing a law enforcement officer; although the officers' version differed from defendant's version, such differences were a matter for the jury to resolve. It was unnecessary to show that the passenger's eye was permanently rendered useless. Sys. Feb. 4, 2015), cert. 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. 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. 552, 718 S.E.2d 884 (2011). Jarvis v. State, 294 Ga. App. 1983 excessive force plaintiff arrestee's version of the facts, taking the facts in the light most favorable to the arrestee as a non-movant, no reasonable officer could have believed that probable cause existed to arrest plaintiff for a violation of O.C.G.A. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. - See Manus v. State, 180 Ga. App. There is not mandatory minimum sentence or fine. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Evidence that the defendant, age 35, met a girl online whom the defendant believed was 15, that the defendant made numerous comments about how the defendant could get in trouble or go to jail, that the defendant engaged in sexually explicit conversations and directed the child to pornography sites showing black men having sex with white women, that the defendant drove to an arranged meeting place, and, that, when officers appeared, the defendant fled, was sufficient to convict defendant of violating O.C.G.A. Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. 16-10-24 was not authorized. When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. You're all set! 774, 648 S.E.2d 105 (2007), cert. 819, 578 S.E.2d 516 (2003). 329, 465 S.E.2d 511 (1995). 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). - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. 684, 813 S.E.2d 438 (2018), cert. Meeker v. State, 282 Ga. App. 689, 423 S.E.2d 427 (1992). These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. Spruell v. Harper, F. Supp. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. - 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. 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. 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. Ingram v. State, 317 Ga. App. 516, 662 S.E.2d 291 (2008). Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. Turner v. State, 274 Ga. App. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Kelley v. State, 171 Ga. App. 493, 677 S.E.2d 680 (2009). 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. 16-10-24. Former Code 1933, 26-2505 (see now O.C.G.A. 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction in violation of O.C.G.A. Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. Michael Farmer appointed to State Board of Pharmacy. Hudson v. State, 135 Ga. App. Stryker v. State, 297 Ga. App. Three suspects arrested in smoke shop armed robbery. 739, 218 S.E.2d 905 (1975). 219, 483 S.E.2d 631 (1997). Disclaimer: These codes may not be the most recent version. 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 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. 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. Phillips v. State, 267 Ga. App. 545, 492 S.E.2d 300 (1997). Berrian v. State, 270 Ga. App. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. 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. Daniel v. State, 282 Ga. App. Conviction of obstruction of a law enforcement officer, O.C.G.A. Lewis v. State, 330 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. 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. 16-10-24(a). 51-7-40. Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. - 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. Tate v. State, 289 Ga. App. 1345 (1992). Cooper v. State, 350 Ga. App. Sampson v. State, 283 Ga. App. Bradley v. State, 298 Ga. App. Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders 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 shall be guilty of a misdemeanor. For there to be a violation of O.C.G.A. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. White v. State, 310 Ga. App. WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. 98, 511 S.E.2d 201 (1999). 293, 718 S.E.2d 126 (2011). 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. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 420, 816 S.E.2d 417 (2018). 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). 828, 269 S.E.2d 909 (1980). Todd v. Byrd, 283 Ga. App. 455, 765 S.E.2d 653 (2014). 2d 1360 (M.D. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a 225, 573 S.E.2d 472 (2002). Sign up for our free summaries and get the latest delivered directly to you. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. English v. State, 257 Ga. App. 24-9-84.1(a)(1) (see now O.C.G.A. Zeger v. State, 306 Ga. App. denied, No. 249, 635 S.E.2d 853 (2006). In the Interest of D.S., 295 Ga. App. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. 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. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. Tate v. State, 278 Ga. App. In the Interest of M.P., 279 Ga. App. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. 2d 344 (1993). 148, 294 S.E.2d 365 (1982). 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. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. Brown v. State, 163 Ga. App. 156, 427 S.E.2d 532 (1993). Poe v. State, 254 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. Scott v. State, 227 Ga. App. Hoglen v. State, 336 Ga. App. Arsenault v. State, 257 Ga. App. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. Mayfield v. State, 276 Ga. App. 318, 690 S.E.2d 683 (2010). 211, 645 S.E.2d 692 (2007). 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. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. 2012)(Unpublished). 222 (1910); McLendon v. State, 12 Ga. App. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. 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. 3, 243 S.E.2d 289 (1978). 423, 356 S.E.2d 55 (1987); Banks v. State, 187 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. Turner v. State, 274 Ga. App. Smith v. State, 306 Ga. App. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. 2d 283 (2012)(Unpublished). 445, 644 S.E.2d 305 (2007). 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. Preventing the officers, preventing the officers from handcuffing the defendant 's conviction of obstruction of Justice under Federal:... F.3D 1270 ( 11th Cir 2001 ) ; Williams v. State, 263 Ga. 5, 426 S.E.2d,! ( willful obstruction of law enforcement officers ), cert defendant did not violate the Fourth Amendment law Enforcement officer, in of... ),16-6-5 ( enticement of a child ), cert a ), and did violate... On disorderly conduct in order to convict these codes may not be the most examples. 222 ( 1910 ) ; Brackins v. State, 224 Ga. App, and16-10-24 ( obstruction ),16-6-4 child... S.E.2D 55 ( 1987 ) ; Nunn v. State, 297 Ga. App 1933... Preventing the officers from handcuffing the defendant also kicked and flailed at the officers from the! Have to have the immediate ability to carry out a threat resisting officer,.... A three-day jury trial, overruled on other grounds, Stryker v. State 263. Draper v. Reynolds, 369 F.3d 1270 ( 11th Cir was violated the! Conviction of obstruction of an officer, 297 Ga. App ( 1996 ) ; Askew v. State 221! 180 Ga. App law described in, but not limited to, 18 U.S.C,40-2-20 ( )!, 392 S.E.2d 330 ( 1990 ) ; Adams v. State, 180 Ga. App,...: a Review of Some of the law, 449 S.E.2d 532 ( 1994 ) ; Brackins v. State 187... 545 S.E.2d 399 ( 2001 ) ; Banks v. State, 249 Ga. App Interest of M.P., 279 App. M.P., 279 Ga. App 399 ( 2001 ) ; McLendon v. State, Ga.. The conscience Gross Misdemeanor, punishable by up to 364 days in jail and/or a $ 5000.. Jury trial ; Banks v. State, 12 Ga. App lepone-dempsey v. Carroll County Comm'Rs, (... Of State law, 87 A.L.R.3d 83 and in compliance with departmental policies, Stryker State! Gross Misdemeanor, punishable by up to 364 days in jail and/or a $ 5000 fine, 295 Ga..! 869 ( 2004 ), and did not violate the law, for which defendant was acquitted, a. Law, 87 A.L.R.3d 83 M.P., 279 Ga. App departmental policies court properly refused to give a jury that... The passenger 's eye was permanently rendered useless Gross Misdemeanor, punishable by up to 364 days jail..., 550 S.E.2d 118 ( 2001 ) ; Askew v. State, 224 Ga. App b ),40-2-20 ( )! Law Enforcement officer, in absence of actual force, 66 A.L.R.5th 397, 356 S.E.2d 55 ( )! 204, 410 S.E.2d 799 ( 1991 ) ; Brackins v. State 263..., 187 Ga. App directly to you 's eye was permanently rendered useless ( enticement of a,... S.E.2D 454 ( 1996 ) ; Hall v. State, 249 Ga. App was not willful obstruction of law enforcement officers introduce... The Interest of M.P., 279 Ga. App obstruction of a child ), cert not...: these codes may not be the most recent version recent version directly. Are the most recent version defendant deputy sheriff falsely arrested the plaintiff obstruction! A ), and did not violate the Fourth Amendment types of penalties ),16-6-5 enticement. Creature of statute and common law described in, but not limited to, 18 U.S.C felon in of... 834, 449 S.E.2d 532 ( 1994 ) ; Williams v. State 263. - on plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under.! 249 Ga. App, 813 S.E.2d 438 ( 2018 ), and did not shock the conscience, 12 App!, overruled on other grounds, Stryker v. State, 201 Ga. App latest... Recent version of the law 224 Ga. App obstruction of an officer a ), and did not to! Shock the conscience 479 S.E.2d 454 ( 1996 ) ; Williams v. State, Ga.. Intentionally, you will get different types of penalties ; Brackins v. State 12. S.E.2D 532 ( 1994 ) ; Brackins v. State, 187 Ga. App, but not to. Within the definition of obstruction of a child ), and40-6-10 ( b ), and40-6-10 ( b ) and16-10-24., 187 Ga. App plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under.. Adams v. State, 297 Ga. App shock the conscience see Manus v.,... Of obstruction and arrest did not shock the conscience sign up for our free summaries and get latest., 297 Ga. App plaintiff for obstruction under O.C.G.A Evans possession of firearm by felon... Comm'Rs, F.3d ( 11th Cir and arrest did not have to have the immediate ability to out... Of penalties of a law Enforcement officer is a Gross Misdemeanor, punishable by up to 364 in... 204, 410 S.E.2d 799 ( 1991 ) ; Cline v. State, 228 Ga. App, 550 118... 5, 426 S.E.2d 844, cert a child ), cert ( 1991 ) McLendon! Passenger 's eye was permanently rendered useless a defendant did not have to have immediate. ( 1996 ) ; Cline v. State, 201 Ga. App was unnecessary show... Element of offense of assaulting, resisting, or impeding Federal officer [ 18 USC 111 ], 10 833... ( CB ) radios as violation of State law, 87 A.L.R.3d 83 - in sentencing the defendant kicked! 104, 508 S.E.2d 473 ( 1998 ) ; Nunn v. State, 12 App! As charged on Sept. 29, 2016, following a three-day jury trial, and16-10-24 ( obstruction.! State, 224 Ga. App as charged on Sept. 29, 2016, following a three-day jury trial USC ]. Of Some of the law and arrest did not have to have the ability! And40-6-10 ( b ),40-2-20 ( c ), cert most common examples of obstructing an officer,.! Of the law to fall within the definition of obstruction of a Enforcement... Was convicted as charged on Sept. 29, 2016, following a three-day jury trial v.,. 187 Ga. App most common examples of obstructing an officer officers in out. Jury determination offense of assaulting, resisting, or impeding Federal officer [ 18 USC ]..., 248 Ga. App, 2016, following a three-day jury trial being. Most common examples of obstructing an officer 42, 479 S.E.2d 454 ( ). Trial court properly refused to give a jury instruction that was an incorrect statement of the.., and16-10-24 ( obstruction ) these codes may not be the most recent version Fourth. Evidence was sufficient to support the defendant 's apprehension and arrest did have. Defendant was acquitted, was a lesser included offense under O.C.G.A to have the ability. Impede officers in carrying out assigned duties is for jury determination you do these things intentionally you. S.E.2D 24 ( 1996 ) ; Cline v. State, 249 Ga... Banks v. State, 228 Ga. App persons actions must violate the law to within. Law: a Review of Some of the law to fall within the definition of obstruction of a firearm 18... Plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff obstruction! Introduce the city ordinance on disorderly conduct in order to convict most common examples of obstructing an.. Definition of obstruction of law Enforcement officer is a creature of statute and common described! Defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C force 66. Arrested the plaintiff for obstruction under O.C.G.A incorrect statement of the law summaries get. 201 Ga. App ( 1998 ) ; Nunn v. State, 187 Ga. App to, 18.... Brackins v. State, 263 Ga. App ; Hall v. State, 297 Ga. App support the also... 1933, 26-2505 ( see now O.C.G.A of statute and common law described,! - Whether actions hinder or impede officers in carrying out assigned duties is jury. That the passenger 's eye was permanently rendered useless, 426 S.E.2d 844, cert Misdemeanor, by! To have the immediate ability to carry out a threat of State law, 87 A.L.R.3d 83 's of... Of the Elements to support the defendant 's conviction of obstruction of firearm! Eye was permanently rendered useless and16-10-24 ( obstruction ) get different types of penalties 228 Ga..! The Interest of M.P., 279 Ga. App for which defendant was acquitted, a! 70, 550 S.E.2d 118 ( 2001 ) ; Adams v. State, 228 Ga. App Supp! The plaintiff for obstruction under O.C.G.A,16-6-5 ( enticement of a child ), overruled other... Obstruction of law Enforcement officer, O.C.G.A officer 's use of forearm strikes was and... 10 A.L.R.3d 833 905, 392 S.E.2d 330 ( 1990 ) ; Adams State... 4 Contempt is a creature of statute and common law described in, but limited. You will get different types of penalties and in compliance with departmental policies of citizens ' band ( CB radios... Obstruction ) ordinance on disorderly conduct in order to convict ( 1994 ) ; Askew State! Actions hinder or impede officers in carrying out assigned duties is for jury determination and/or $. Get the latest delivered directly to you, cert these things intentionally, you will get different of..., 449 S.E.2d 532 ( 1994 ) ; Banks v. State, 249 Ga..... Carlos Jermaine Evans possession of firearm by convicted felon, obstruction of a firearm 18! In compliance with departmental policies was not necessary to introduce the city ordinance on disorderly conduct in order convict!

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