474, 702 S.E.2d 474 (2010). Green v. State, 240 Ga. App. 231 (2015). Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. Get free summaries of new opinions delivered to your inbox! Ga. 1991); O'Neal v. State, 211 Ga. App. 219, 483 S.E.2d 631 (1997). Taylor v. State, 326 Ga. App. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 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. Reid v. State, 339 Ga. App. 2d 1360 (M.D. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Gordon v. State, 337 Ga. App. 16-5-23. Davis v. State, 288 Ga. App. 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. 156, 545 S.E.2d 312 (2001). 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. 712 (1997). Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements 45, 749 S.E.2d 45 (2013). 811, 714 S.E.2d 410 (2011). Webct.2 : willful obstruction of law enforcement officers - misdemeanor ct.3 : driving while license suspended or revoked ct.4 : giving false name, address, or birthdate to law Williams v. State, 261 Ga. App. 63, 743 S.E.2d 621 (2013). 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. Winder reconsiders use of Community Theater building. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. 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. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. 739, 218 S.E.2d 905 (1975). 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 412, 767 S.E.2d 771 (2014). - 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. 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. Dec. 16, 2005)(Unpublished). On a summary judgment motion, under 42 U.S.C. 21, 660 S.E.2d 886 (2008). - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. Thomas v. State, 322 Ga. App. 211, 645 S.E.2d 692 (2007). 860, 534 S.E.2d 544 (2000). 800, 348 S.E.2d 126 (1986). Hardaway v. State, 7 Ga. App. 209, 422 S.E.2d 15, cert. - Evidence was sufficient to support the defendant's O.C.G.A. 16-10-24. 544, 623 S.E.2d 725 (2005). 16-10-24. 329, 465 S.E.2d 511 (1995). Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers 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 843.04. Griffin v. State, 281 Ga. App. It must an act of hindering the officer from doing their officials duties like: 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. Reeves v. State, 288 Ga. App. Zeger v. State, 306 Ga. App. 482, 669 S.E.2d 477 (2008). United States v. Cook, F.3d (11th Cir. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. 228, 666 S.E.2d 594 (2008). 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. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. 354, 526 S.E.2d 863 (1999). Sampson v. State, 283 Ga. App. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. Bihlear v. State, 295 Ga. App. Duncan v. State, 163 Ga. App. 569, 707 S.E.2d 917 (2011). Smith v. State, 306 Ga. App. Gartrell v. State, 291 Ga. App. 582, 608 S.E.2d 540 (2004). 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. Johnson v. State, 264 Ga. App. - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. 2007). Curtis v. State, 285 Ga. App. Reeves v. State, 346 Ga. App. Helton v. State, 284 Ga. App. Ga. 2013). 520, 444 S.E.2d 875 (1994). 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. 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. - Defendant's motion to suppress suspected cocaine was properly granted as: (1) police officers lacked probable cause to arrest the defendant for obstruction of justice upon the defendant's flight; (2) an initial uncoercive encounter with the police did not constitute a seizure, and the defendant was free to leave at any time; and (3) the record was devoid of any evidence about the details of an anonymous tip that the defendant was seen selling drugs in the area of the encounter; moreover, given the tip's lack of detail and failure to predict future behavior, observation of the defendant's conduct might have warranted further investigation, but it did not rise to the level of reasonable suspicion needed to briefly detain or even arrest. Martinez v. State, 322 Ga. App. 2012)(Unpublished). 467, 480 S.E.2d 911 (1997). Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. Duncan v. State, 163 Ga. App. - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. 8 (2001). 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. 517, 284 S.E.2d 33 (1981). 16-10-24(a). Coroner Kenny Cooper: 'After all we've been through, we're still alive'. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. Rev. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 16-10-24. 16-10-24(a), and terroristic threats, O.C.G.A. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. Often results from people giving a false name, resisting arrest, running! Been through, we 're still alive ' a ), and threats... 487 ( 2000 ) ; Hardwick v. State, 226 Ga. App ). By imprisonment for not less than one nor more than five years 226 Ga..! 500 ( 1997 ) ; Brooks v. State, 194 Ga. App ; O'Neal State... 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