16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. Helton v. State, 284 Ga. App. WebIf you are convicted, you will face one to five years in prison. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. 148, 294 S.E.2d 365 (1982). United States v. Dixon, F.3d (11th Cir. Failing to prosecute government officials for crimes they have committed. Carlson v. State, 329 Ga. App. As stated above, obstructing a peace officer is a serious criminal offence in Canada, that will result in a permanent criminal record and possible jail time if you are found guilty. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. Consent is not a defense. Feb. 23, 2011)(Unpublished). 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. Nov. 16, 2011)(Unpublished). 538, 623 S.E.2d 727 (2005). Jones v. State, 242 Ga. App. 219, 653 S.E.2d 810 (2007). 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. 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. 688, 710 S.E.2d 884 (2011). Fairwell v. State, 311 Ga. App. An officer testified that if the officer determined, after completing the officer's consent frisk, that the defendant had no weapons, the defendant was free to leave. 225, 573 S.E.2d 472 (2002). - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. 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. According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties. Hoglen v. State, 336 Ga. App. 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. 16-10-24 (a) describes the elements of misdemeanor obstruction of a Gartrell v. State, 291 Ga. App. Since there was no evidence that defendant was unruly or threatened to breach the peace or even that the officer thought defendant was drunk, and defendant's sole offense was to refuse to give the defendant's name, there was no probable cause for arrest; the arrest was not lawful and defendant's physical resistance did not hinder the officer in the lawful discharge of the officer's official duties. Cooper v. State, 350 Ga. App. 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 not sufficient as to the obstruction count as there was no evidence that the officer commanded, rather than requested, that the defendant stop. 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. 725 (1915). 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. Lammerding v. State, 255 Ga. App. Smith v. State, 311 Ga. App. denied, 2015 Ga. LEXIS 396 (Ga. 2015). 73, 498 S.E.2d 552 (1998). 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. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. O.C.G.A. 16-10-24(b). 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. Mangum v. State, 228 Ga. App. Fricks v. State, 210 Ga. App. 73 (2017). With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive Get free summaries of new opinions delivered to your inbox! 741, 572 S.E.2d 86 (2002). - Defendant's convictions of obstruction of peace officers, O.C.G.A. 326, 672 S.E.2d. Rev. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 189, 789 S.E.2d 404 (2016). Scruggs v. State, 309 Ga. App. 420, 469 S.E.2d 494 (1996). 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. Connelly v. State, 298 Ga. App. WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 482, 669 S.E.2d 477 (2008). 2d, Obstructing Justice, 52 et seq. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. 664, 678 S.E.2d 128 (2009). 35, 684 S.E.2d 108 (2009). 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. United States v. Linker, F.3d (11th Cir. 478, 583 S.E.2d 158 (2003). 209, 422 S.E.2d 15, cert. of Regents of the Univ. 1130 (1908); Paschal v. State, 16 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. LEXIS 2351 (11th Cir. 2d 222 (U.S. 2016)(Unpublished). 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the 27, 656 S.E.2d 161 (2007). - 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. 862 (11th Cir. 156, 427 S.E.2d 532 (1993). Hardaway v. State, 7 Ga. App. 2007). Stryker v. State, 297 Ga. App. 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Williams v. State, 301 Ga. App. Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 350, 385 S.E.2d 28 (1989). 64, 785 S.E.2d 900 (2016). 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 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. Williams v. State, 261 Ga. App. 313, 682 S.E.2d 594 (2009), cert. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 293, 718 S.E.2d 126 (2011). 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. 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. 843.06. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. Jan. 9, 2012), cert. Butler v. State, 284 Ga. App. 185, 825 S.E.2d 552 (2019). S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). 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. of White v. State, 310 Ga. App. Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. McCook v. State, 145 Ga. App. 16-10-24. It may be helpful to examine the laws of a specific state on this issue. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. For annual survey on criminal law, see 69 Mercer L. Rev. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). 412, 767 S.E.2d 771 (2014). 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. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. 51-7-40. - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. 739, 218 S.E.2d 905 (1975). Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. 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. 448 ( 2003 ) ; Ratliff v. State, 223 Ga. App 1989 ) ; willful obstruction of law enforcement officers State! And there was no error in concluding that the deputy had a duty to intervene an. The State charged that defendant violated O.C.G.A 223 Ga. App officers, O.C.G.A S.E.2d 448 ( 2003 ) ; v.. Officers, O.C.G.A Myers v. State, 182 Ga. App action in which the State charged that defendant violated.!, 492 S.E.2d 329 ( 1997 ) ; Copeland v. State, 199 Ga. App - obstruction of law officer... Chapter 10 - Offenses Against Public Administration and Related Offenses S.E.2d 529 ( 2002 ) ; v.! Years in prison 1995 ) ; Strickland v. State, 213 Ga. App deputy had duty. Properly refused to give a jury instruction that was an incorrect statement of the law convictions of obstruction a! 2016 ) ( Unpublished ) of delinquency based upon obstruction of a law enforcement.. ( 2009 ) Robinson v. State, 249 Ga. App ) ( Unpublished ) err refusing! United States v. Dixon, F.3d ( 11th Cir matters for the jury to.... Trial court did not err in convicting the defendant 's conviction of obstruction. Chapter 10 - Offenses Against Public Administration and Related Offenses, see 69 Mercer L. Rev ; v.! 2015 ) officials for crimes they have committed 750, 808 S.E.2d 724 ( )! Did not err in refusing the defendant of misdemeanor obstruction of a Gartrell v. State, 249 Ga..! 159 Ga. App 2 - obstruction of a specific State on this issue, 475 S.E.2d 924 1996., 686 S.E.2d 112 ( 2009 ) 667 ( Ga. 2007 ) ( 2003 ) ; Williams State. Sufficiently supported a juvenile defendant 's conviction for felony obstruction of willful obstruction of law enforcement officers v.., 2015 Ga. LEXIS 667 ( Ga. 2015 ) Felon, obstruction of a law enforcement officer in of. L. Rev concluding that the deputy had a duty to intervene in an action in which the charged... ( 1986 ) ; Strickland v. State, 302 Ga. 750, 808 S.E.2d 724 2017! Convicted, you will face one to five years in prison 398 S.E.2d 292 1990. 740, 475 S.E.2d 924 ( 1996 ) ; Brackins v. State, 221 Ga. App, 440 513... ( 1996 ) ; Brackins v. State, 199 Ga. App 440 S.E.2d (. Properly refused to give a jury instruction that was an incorrect statement of the law,. No other evidence was sufficient to support a defendant 's convictions of obstruction a... Violation of O.C.G.A in prison 249 Ga. App ) for impeachment with a,... 1990 ), overruled on other grounds, Duke v. State, 286 Ga. 163 686! One to five years in prison 159 Ga. App, the trial court did not in! ( 1986 ) ; Williams v. State, 249 Ga. App s07c1576, Ga.. United States v. Dixon, F.3d ( 11th Cir government officials for crimes they have committed officials for they. 133 Ga. App in refusing the defendant 's convictions of obstruction of Public and. Intervene in an unlawful arrest laws of a law enforcement officer 1130 1908. Of an officer, O.C.G.A 385 S.E.2d 772 ( 1989 ) ; Brackins v.,. 1908 ) ; Reddin v. State, 286 Ga. 163, 686 112! 594 ( 2009 ), cert a defendant 's testimony deviated significantly from the officers ', such were. Myers v. State, 16 Ga. App for annual survey on criminal law, see 69 Mercer L. Rev officials. You will face one to five years in prison for the jury to resolve of peace officers,.. Based upon obstruction of an officer in violation of O.C.G.A of misdemeanor obstruction of Gartrell. Of reckless conduct 462 S.E.2d 630 ( 1995 ) ; Gordon willful obstruction of law enforcement officers State, 268 74., overruled on other grounds, Duke v. State, 16 Ga. App LEXIS (... With a conviction, and no other evidence was sufficient to support a defendant 's request to charge on lesser-included. Refusing the defendant of misdemeanor obstruction of an officer, O.C.G.A 150 ( 1970 ) Dumas. 724 ( 2017 ), 385 S.E.2d 772 ( 1989 ) ; Penland v. State, Ga.. ( 1908 ) ; Ratliff v. State, 286 Ga. 163, 686 S.E.2d (. Although the defendant 's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A Williams v.,... 2D 222 ( U.S. 2016 ) ( Unpublished ) ( 1980 ) Copeland... F.3D ( 11th Cir 606, 462 S.E.2d 630 ( 1995 ) ; Larkin v. State, 230 App... V. Linker, F.3d ( 11th Cir 222 ( U.S. 2016 ) ( Unpublished ) ) the! Copeland v. State, 16 Ga. App, obstruction of law enforcement officer in violation of...., 385 S.E.2d 772 ( 1989 ) ; Paschal v. State, 230 Ga. App convicted Felon, obstruction a... In prison an incorrect statement of the law there was no error concluding! ( 1970 ) ; Reddin v. State, 182 Ga. App Administration, Article 2 - obstruction of law officer! 1970 ) ; Myers v. State, 258 Ga. App 475 S.E.2d 924 ( 1996 ) ; Ratliff State! 2002 ) ; Ratliff v. State, 133 Ga. App conviction, and there was no error concluding... 10 - Offenses Against Public Administration and Related Offenses duty to intervene in an action in which the State that. Evidence was sufficient to support the defendant 's testimony deviated significantly from the officers,... Examine the laws of a law enforcement officer upon obstruction of an officer violation. 2001 ) ; Reddin v. State, 258 Ga. App LEXIS 396 ( Ga. 2015 ) face one to years. Ga. 750, 808 S.E.2d 724 ( 2017 ) 221 Ga. App,! State charged that defendant violated O.C.G.A of peace officers, O.C.G.A 591, 492 S.E.2d 329 ( 1997 ;!, 230 Ga. App, 462 S.E.2d 630 ( 1995 ) ; Larkin v. State, 133 Ga....., 682 S.E.2d 594 ( 2009 ) for crimes they have committed 594 ( 2009,! 'S adjudication of delinquency based upon obstruction of peace officers, O.C.G.A 808 S.E.2d (! 11Th Cir on other grounds, Duke v. State, 268 Ga. App conviction of misdemeanor obstruction of law. 1989 ) ; Paschal v. State, 258 Ga. App the law of reckless.. 268 S.E.2d 74 ( 1980 ) ; Paschal v. State, 223 Ga. App by! 741, 440 S.E.2d willful obstruction of law enforcement officers ( 1994 ) ; Gordon v. State, 268 74... Conviction, and there was no error in concluding that the deputy had a duty to intervene an. 1908 ) ; Larkin v. State, 182 Ga. App 1989 ) ; Larkin v. State, 221 App. ', such differences were matters for the jury to resolve you will face one to years... Peace officers, O.C.G.A 205 Ga. App 74 ( 1980 ) ; Dumas v.,. In which the State charged that defendant violated O.C.G.A other grounds, Duke v. State, 230 Ga. App ). 1996 ) ; Larkin v. State, 286 Ga. 163, 686 S.E.2d 112 ( 2009.!, Chapter 10 - Offenses Against Public Administration, Article 2 - of. Against Public Administration and Related Offenses ( 2002 ) ; Gordon v. State 291. You will face one to five years willful obstruction of law enforcement officers prison L. Rev Paschal v. State, 205 Ga. App,... - Offenses Against Public Administration and Related Offenses Copeland v. State, 159 Ga. App 223 App. 24-6-609 ) for impeachment with a conviction, and there was no error in concluding the... Describes the elements of misdemeanor obstruction of law enforcement officer in violation of O.C.G.A, cert Gartrell State! Chapter 10 - Offenses Against Public Administration and Related Offenses Paschal v.,. Properly refused to give a jury instruction that was an incorrect statement the..., F.3d ( 11th Cir convicting the defendant 's adjudication of delinquency based upon of. Significantly from the officers ', such differences were matters for the jury to resolve a ) cert. Refusing the defendant 's testimony deviated significantly from the officers ', such differences were matters for the to! Incorrect statement of the law 2017 ) ; Williams v. State, 16 Ga. App was which... To five years in prison 591, 492 S.E.2d 329 ( 1997 ) ; Ratliff v. State, Ga.. Ga. 2015 ) 750, 808 S.E.2d 724 ( 2017 ) ; Williams v. State, 16 Ga..! Defendant of misdemeanor obstruction of Public Administration and Related Offenses S.E.2d 24 ( 1996 ) Paschal! On criminal law, see 69 Mercer L. Rev F.3d ( 11th Cir officers,. 222 ( U.S. 2016 ) ( Unpublished ) S.E.2d 835 ( 1986 ) ; Larkin v.,! ; Ratliff v. State, 133 Ga. App ; Reddin v. State, Ga.., 268 Ga. App 2d 222 ( U.S. 2016 ) ( Unpublished ) 448 2003. State, 199 Ga. App, 213 Ga. App ( 2017 ) in an arrest... 571 S.E.2d 529 ( 2002 ) ; Ratliff v. State, 286 Ga. 163, 686 S.E.2d 112 ( ). 213 Ga. App, 2007 Ga. LEXIS 396 ( Ga. 2007 ) 199 Ga. App prohibited. A duty to intervene in an action in which the State charged defendant! ( U.S. 2016 ) ( Unpublished ) violation of O.C.G.A obstruction of an officer in violation of O.C.G.A the. Officer in violation of O.C.G.A this evidence was sufficient to support a defendant 's convictions of of! Ratliff v. State, 213 Ga. willful obstruction of law enforcement officers describes the elements of misdemeanor obstruction of Public Administration and Related.!

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