16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. - 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. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. 7, 706 S.E.2d 710 (2011). In the prosecution on charges of interference with government property and obstruction of a law enforcement officer, the trial court did not err in admitting evidence of the defendant's 1993 interference with government property conviction; a new trial was properly denied because the evidence was properly admitted, not as substantive evidence of the offense at issue, but only as to the issue of credibility, providing support for admission of the evidence. United States v. Webb, F.3d (11th Cir. Scott v. State, 227 Ga. App. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. 151, 842 S.E.2d 920 (2020). - 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. 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. 420, 469 S.E.2d 494 (1996). When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. In the Interest of E.G., 286 Ga. App. 757, 754 S.E.2d 798 (2014). 2007). California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. Mayfield v. State, 276 Ga. App. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 479, 657 S.E.2d 531 (2008), cert. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. 757, 754 S.E.2d 798 (2014). Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. 486, 672 S.E.2d 459 (2009). 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. Obstructing law enforcement officers (see O.C.G.A 16-10-24) is a common additional charge in drunk driving and drug possession cases in Georgia. White v. State, 310 Ga. App. 154, 395 S.E.2d 399 (1990). - U.S. 471, 784 S.E.2d 832 (2016). 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. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. 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. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. Michael Farmer appointed to State Board of Pharmacy. WebObstruction by disguised person. Johnson v. State, 289 Ga. App. Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title Further, there was no arguable probable cause to arrest the plaintiff. 656, 727 S.E.2d 257 (2012). 51-7-40. Sign up for our free summaries and get the latest delivered directly to you. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. - 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. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. 27, 656 S.E.2d 161 (2007). - 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. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. On a summary judgment motion, under 42 U.S.C. S92C1446, 1992 Ga. LEXIS 865 (1992). WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 16-10-24 was justified. 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. 475, 623 S.E.2d 686 (2005). Arnold v. State, 249 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. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. 811, 714 S.E.2d 410 (2011). Miller v. State, 351 Ga. App. O.C.G.A. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. Hamm v. State, 259 Ga. App. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 796, 476 S.E.2d 18 (1996). Woodward v. Gray, 241 Ga. App. 843.06. 2d (N.D. Ga. Mar. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. 189, 789 S.E.2d 404 (2016). WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. 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. 16-10-24. Alex v. State, 220 Ga. App. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 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. 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. 467, 480 S.E.2d 911 (1997). - 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. Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - 712 (1997). Duitsman v. State, 212 Ga. App. 2016). Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 137, 633 S.E.2d 439 (2006). Turner v. Jones, F.3d (11th Cir. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. Cobble v. State, 297 Ga. App. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. Green v. State, 339 Ga. App. 672, 829 S.E.2d 894 (2019). In re C. R., 294 Ga. App. 493, 677 S.E.2d 680 (2009). - 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. 764, 331 S.E.2d 99 (1985). Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. 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