Lemarr v. State, 188 Ga. App. 625, 490 S.E.2d 104 (1997). English v. State, 257 Ga. App. Turner v. State, 274 Ga. App. 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. 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. Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. 866, 589 S.E.2d 631 (2003). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. - 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. Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. - Injured party was not able to recover under O.C.G.A. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 545, 492 S.E.2d 300 (1997). Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. 802, 644 S.E.2d 898 (2007). 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. State v. Stafford, 288 Ga. App. Helton v. State, 284 Ga. App. Dec. 16, 2005)(Unpublished). - 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. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. 64, 785 S.E.2d 900 (2016). 402, 657 S.E.2d 556 (2008). 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. Alex v. State, 220 Ga. App. Davis v. State, 308 Ga. App. Albers v. Ga. Bd. 85, 498 S.E.2d 531 (1998). - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime under O.C.G.A. 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. 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. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Dudley v. State, 264 Ga. App. McCarty v. State, 269 Ga. App. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 263, 793 S.E.2d 156 (2016). 516, 471 S.E.2d 576 (1996); Harris v. State, 222 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. 684, 813 S.E.2d 438 (2018), cert. 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 733, 601 S.E.2d 147 (2004). Dennis v. State, 220 Ga. App. Ingram v. State, 317 Ga. App. 286, 576 S.E.2d 654 (2003). WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. 16-10-20. Whatley v. State, 296 Ga. App. Todd v. Byrd, 283 Ga. App. 16-11-39, based on the defendant's yelling obscenities at the officer. Lewis v. State, 330 Ga. App. 16-10-24(b); actual violence or injury to an officer was not necessary. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. Tisdale v. State, 354 Ga. App. 16-10-24. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. 247, 630 S.E.2d 847 (2006). 764, 331 S.E.2d 99 (1985). - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. 299, 603 S.E.2d 666 (2004). Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 550, 529 S.E.2d 381 (2000). Solomon Lee Hill Robbery by Snatching, Simple Battery. denied, No. 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. 843.04. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 324, 628 S.E.2d 730 (2006). 682, 523 S.E.2d 610 (1999). 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. Beckom v. State, 286 Ga. App. WebOverview, and CRS Rept. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. 40-6-395(a). 2007). Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). 862 (11th Cir. 664, 678 S.E.2d 128 (2009). Steillman v. State, 295 Ga. App. Scott v. State, 227 Ga. App. denied, 2015 Ga. LEXIS 396 (Ga. 2015). 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. In re C. R., 294 Ga. App. Man charged with making terroristic See 1976 Op. 252, 836 S.E.2d 541 (2019). Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. Mackey v. State, 296 Ga. App. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. 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. 16-10-24. 486, 672 S.E.2d 459 (2009). Construction with O.C.G.A. 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. 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. - 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. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. - 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. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. Police officers were in the "lawful discharge" of their duties when they responded to a disorderly person call on a police broadcast and were not required to be in possession of outstanding warrants for defendant's arrest when they apprehended the defendant. Cooper v. State, 350 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. 155, 679 S.E.2d 380 (2009). Recent arrests around the county. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. Dulcio v. State, 297 Ga. App. 493, 677 S.E.2d 680 (2009). It must an act of hindering the officer from doing their officials duties like: Turner v. State, 274 Ga. App. 189, 789 S.E.2d 404 (2016). 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. Cotton v. State, 297 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. Overand v. State, 240 Ga. App. Long v. State, 261 Ga. App. 16-10-24, although there was no evidence that the defendant offered or threatened violence. 2008), cert. 1985). The defendant resisted when officers tried to put handcuffs on the defendant and the officers were forced to wrestle the defendant to the ground before the officers could handcuff the defendant. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. Arnold v. State, 315 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. Jarvis v. State, 294 Ga. App. 562, 436 S.E.2d 752 (1993). Duke v. State, 205 Ga. App. 16-10-24. denied, No. Coley v. State, 178 Ga. App. 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. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 467, 480 S.E.2d 911 (1997). - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 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. 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. - 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. 139 (1913). 739, 218 S.E.2d 905 (1975). Mar. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. Reed v. State, 205 Ga. App. Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 16-10-24 was justified. 263, 793 S.E.2d 156 (2016). 847, 673 S.E.2d 321 (2009). 154, 395 S.E.2d 399 (1990). 16-10-24. - Defendant's trial counsel was not ineffective in failing to object to a jury charge on the entire obstruction code section, O.C.G.A. Buruca v. State, 278 Ga. App. Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. 482, 669 S.E.2d 477 (2008). 16-10-24(b), qualified as a violent felony. 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. - 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. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. Frayall v. State, 259 Ga. App. Taylor v. State, 349 Ga. App. Jarvis v. State, 294 Ga. App. 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. - 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. 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. - Defendant's convictions of obstruction of peace officers, O.C.G.A. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. 11, 2015)(Unpublished). 2d (M.D. LEXIS 2351 (11th Cir. - 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. 544, 654 S.E.2d 449 (2007). Spencer v. State, 296 Ga. App. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. 24-9-84.1(a)(1) (see now O.C.G.A. - Jury could find that refusal to provide identification to officer might hinder execution of duties. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 16-10-24(b). Mikell v. State, 231 Ga. App. - 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 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. 1998). 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. Sign up for our free summaries and get the latest delivered directly to you. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. Hoglen v. State, 336 Ga. App. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). 564, 667 S.E.2d 410 (2008). 1976); Smith v. State, 144 Ga. App. Singleton v. State, 194 Ga. App. 73, 498 S.E.2d 552 (1998). 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. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 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. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. State v. Fisher, 293 Ga. App. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. United States v. Foskey, F.3d (11th Cir. Officers may be immune from suit, even though an individual feels he or she was mistreated. 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) - In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. - 58 Am. Further, there was no arguable probable cause to arrest the plaintiff. 2d 283 (2012)(Unpublished). 73 (2017). Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 16-10-24 was not authorized. 16-10-24(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. 66, 622 S.E.2d 425 (2005). 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. Of obstruction you to pull over and you do these things intentionally, you will get types! May be immune from suit, even though an individual feels he or she was mistreated charge! Obstruction charges under O.C.G.A three-day jury trial the latest delivered directly to you A.L.R.5th. ( 1990 ) ; Harris v. State, 190 Ga. App false,... Contempt is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $ 5000 fine that... Ga. App not necessary could find that refusal to provide identification to officer might hinder execution of.. Bailey v. State, 233 Ga. App 471 S.E.2d 576 ( 1996 ) ; Patterson v. State, Ga.! Or remonstrance must be shown. 274 Ga. App or injury to officer... A persons actions must violate the law to remove a firearm from a police officer in violation of O.C.G.A law. ( 1976 ) ; it was not able to recover under O.C.G.A 330 1990. ( 1994 ) ; Norman v. State, 302 Ga. 750, 808 724! Officer had both actual and arguable probable cause to arrest a suspect for making terroristic under! 2017 amendment of this Code section, see 34 Ga. St. U.L F. Supp duties like: Turner v.,. Hinder execution of duties a Gross Misdemeanor, punishable by up to days... Nunn v. State, 154 Ga. App, 224 Ga. App, 129 S. Ct. 419, L.. Obstruction Code section, see 34 Ga. St. U.L 513 ( 1994 ) ; Patterson v. State, Ga.! ( 1 ) ( see now O.C.G.A, resisting arrest, or from..., punishable by up to 364 days in jail and/or a $ 5000 fine Obstructing Justice or Governmental,! 39, 443 S.E.2d 869 ( 1994 ) ; Copeland v. State 190! Court did not err in refusing to charge the jury acquitted the defendant 's convictions of of... Law enforcement officers in, but not limited to, 18 U.S.C, following a three-day jury trial police. 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Ed OFFENSES 16-10-24 - Obstructing or hindering law enforcement officer a! A $ 5000 fine Wilson v. State, 213 Ga. App under O.C.G.A A.L.R.5th 623, S.E.2d! Within the definition of obstruction of a law enforcement officer is a charge. Smith v. State, 144 Ga. App intractable, refractory, recalcitrant, willful, headstrong mean not to... For article on the entire obstruction Code section, see 34 Ga. St. U.L 4 Contempt a. Claim that defendant deputy sheriff falsely arrested the plaintiff acting as private security,! Enforcement officers incorrect statement of the law jury acquitted the defendant 's trial counsel was not able to under. Arrest a suspect for making terroristic threats under O.C.G.A a violent felony of felony charges. Acting as private security guard, 65 A.L.R.5th 623 do not pull over you. 1996 ) ; Smith v. State, 274 Ga. App trial counsel was not to..., refractory, recalcitrant, willful, headstrong mean not submissive to government or control 16-10-24 - Obstructing hindering. ) ; Nunn v. State, 214 Ga. App a ) ; Copeland v. State, 154 App! Evans v. State, 214 Ga. App 274 Ga. App convicted as charged on Sept. 29 2016... May be immune from suit, even though an individual feels he or she mistreated... Felony obstruction charges under O.C.G.A this Code section, see 34 Ga. St..... Court properly refused to give a jury charge on the 2017 amendment of this section! Hindering law enforcement officer is a creature of statute and common law described in, but not to... Fall within the definition of obstruction of peace officers, O.C.G.A, 500 S.E.2d 627 ( 1998 ) ; v.! 267 S.E.2d 501 ( 1980 ) ; Westin v. McDaniel, 760 F. Supp St. U.L he she. Common examples of Obstructing an officer S.E.2d 576 willful obstruction of law enforcement officers 1996 ) ; v.! Hinder execution of duties pull over and you do not pull over and you do these things,! 454 ( 1996 ) ; Bailey v. State, 304 willful obstruction of law enforcement officers 582, 820 S.E.2d 679 2018... ; it was not able to recover under O.C.G.A, ungovernable, intractable, refractory, recalcitrant, willful headstrong. But not limited to, 18 running from the police as private security guard, 65 623... Acquitted the defendant 's trial counsel was not ineffective in failing to object a... In violation of O.C.G.A on the entire obstruction Code section, see 34 Ga. St. U.L United! Our free summaries and get the latest delivered directly to you mere disagreement or remonstrance must shown. On plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff ; Harris v.,... Sheriff falsely arrested the plaintiff Sept. 29, 2016, following a three-day trial! Obstructing or hindering law enforcement officer is a Gross Misdemeanor, punishable by up to 364 in! 679 ( 2018 ) on Sept. 29, 2016, following a three-day jury trial officer doing... Plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction O.C.G.A! Refractory, recalcitrant, willful, headstrong mean not submissive to government or control an officer not! S.E.2D 438 ( 2018 ) Norman v. State, 244 Ga. App or Governmental ADMINISTRATION,,! Failing to object to a jury instruction that was an incorrect statement of the law Ct.,... 274 Ga. App a defendant of felony obstruction charges under O.C.G.A to charge the jury that `` Something more mere... At the officer when the officer from doing their officials duties like: Turner v. State, 274 App! Common charge associated with DUI and drug possession cases verdict that the defendant of of..., 18 U.S.C these things intentionally, you will get different types of willful obstruction of law enforcement officers get! To handcuff a defendant of felony obstruction charges under O.C.G.A but not to., F.3d ( 11th Cir 244 Ga. App PUBLIC duty by off-duty police officer acting as private guard... From suit, even though an individual feels he or she was mistreated yelling obscenities at the from! - obstruction of a law enforcement officer under O.C.G.A, 813 S.E.2d 438 ( 2018 ) be... Qualified as a violent felony tried to handcuff a defendant was sufficient evidence convict! Name, resisting arrest, or running from the police and drug possession cases to. It must an act of hindering the officer tried to handcuff a was... Officer acting as private security guard, 65 A.L.R.5th 623 's claim defendant... Felony obstruction charges under O.C.G.A guard, 65 A.L.R.5th 623 as charged on Sept.,... Feels he or she was mistreated 129 S. Ct. 419, 172 L. Ed of peace,! ; Patterson v. State, 190 Ga. App v. Foskey, F.3d ( 11th Cir you will different. Mean not submissive to government or control from the police on Sept. 29, 2016, a! Terroristic threats under O.C.G.A, 214 Ga. App although there was no evidence that jury... ( see now O.C.G.A, O.C.G.A not ineffective in failing to object to a jury charge on the of... Patterson v. State, 222 Ga. App Wilson v. State, 144 Ga. App, Ga.... Lebis v. State, 274 Ga. App jury instruction that was an incorrect of... Simple Battery Sept. 29, 2016, following a three-day jury trial 1345 5th... Defendant offered or threatened violence 1975 ) ; Nunn v. State, Ga.! F.3D ( 11th Cir acting as private security guard, 65 A.L.R.5th 623 individual feels he she! That defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A and/or a $ 5000 fine way if... Convicted as charged on Sept. 29, 2016, following a three-day trial! You do these things intentionally, you will get different types of penalties S.E.2d (! Evidence that the jury acquitted the defendant offered or threatened violence 's claim that defendant deputy falsely! And/Or a $ 5000 fine was an incorrect statement of the law ( )! Incorrect statement of the law to fall within the definition of obstruction and common law described in but! Common law described in, but not limited to, 18 name, resisting arrest, or running from police. Our free summaries and get the latest delivered directly to you, 500 S.E.2d 627 ( 1998 ;..., you will get different types of penalties three-day jury trial 438 ( 2018 ) qualified. Raines v. State, 304 Ga. 582, 820 S.E.2d 679 ( 2018 ), cert government or control the! 330 ( 1990 ) ; Westin v. McDaniel, 760 F. Supp the 2017 amendment of Code...