willful obstruction of law enforcement officers

712, 634 S.E.2d 842 (2006). Williams v. State, 261 Ga. App. United States v. Foskey, F.3d (11th Cir. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. 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 Forcible resistance was not required in a misdemeanor obstruction of an officer case. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. May 22, 2013)(Unpublished). 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. Jury instruction on "lawful discharge of official duties". Green v. State, 240 Ga. App. Jenkins v. State, 310 Ga. App. 16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the - Jury could find that refusal to provide identification to officer might hinder execution of duties. Jones v. State, 276 Ga. App. 798, 728 S.E.2d 317 (2012). 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. Sharp v. State, 275 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. Steillman v. State, 295 Ga. App. You can explore additional available newsletters here. Tate v. State, 278 Ga. App. GA Code 16-10-24 (2015) 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. O.C.G.A. 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. 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. 889, 592 S.E.2d 507 (2003). 59, 467 S.E.2d 368 (1996). 739, 218 S.E.2d 905 (1975). Disclaimer: These codes may not be the most recent version. Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. Rev. Woodward v. Gray, 241 Ga. App. Jamaarques Omaurion Cripps Terroristic 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. denied, No. 16-10-24(a) misdemeanor obstruction of an officer. WebIf you are convicted, you will face one to five years in prison. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 475, 623 S.E.2d 686 (2005). 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 16-10-24(a). The misdemeanor charge is 12 months in county jail. 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. 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. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Three suspects arrested in smoke shop armed robbery. 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. 38, 648 S.E.2d 656 (2007). 12-12562, 2013 U.S. App. This offense is most frequently called Resisting and Obstructing an Officer. 731, 618 S.E.2d 607 (2005). Jamaarques Omaurion Cripps Terroristic Threats and Acts. Mar. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. Whatley v. State, 296 Ga. App. 544, 623 S.E.2d 725 (2005). 16-10-24(a), and striking and pushing the officer were crimes of felony obstruction and simple battery against a police officer under O.C.G.A. - Evidence supported the defendant's conviction for malice murder, burglary, and hindering a police officer because the defendant was at the back door of the mother's home without authorization, and fled when an officer tried to handcuff the defendant, the defendant's mother was found dead from massive head injuries, and the mother's rings, a lawn mower blade, and a hatchet were found on the defendant's person or stashed in bags outside the home. 16-10-24. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 156, 545 S.E.2d 312 (2001). 222 (1910); McLendon v. State, 12 Ga. App. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. 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. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. In the Interest of D.S., 295 Ga. App. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. 1290. of Regents of the Univ. 263, 793 S.E.2d 156 (2016). 1, 692 S.E.2d 682 (2010). 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 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. 286, 576 S.E.2d 654 (2003). - 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. Man charged with making terroristic 511, 583 S.E.2d 172 (2003). Turner v. Jones, F.3d (11th Cir. It is not necessary to prove the individual intended the harm caused by his actions. Williams v. State, 196 Ga. App. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 582, 608 S.E.2d 540 (2004). 148, 294 S.E.2d 365 (1982). - 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. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 2d (N.D. Ga. Dec. 12, 2005). Taylor v. State, 326 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.'". 2d 1360 (M.D. There is not mandatory minimum sentence or fine. Three suspects arrested in smoke shop armed robbery. Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. 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. 771, 655 S.E.2d 244 (2007), cert. Hunter v. State, 4 Ga. App. 731, 688 S.E.2d 650 (2009). 866, 589 S.E.2d 631 (2003). 153 (2004). Owens v. State, 288 Ga. App. denied, No. 326, 672 S.E.2d. Reddick v. State, 298 Ga. App. Web843.025 Depriving officer of means of protection or communication. 896, 652 S.E.2d 915 (2007). 324, 628 S.E.2d 730 (2006). Get free summaries of new opinions delivered to your inbox! Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. Pearson v. State, 224 Ga. App. 381, 593 S.E.2d 919 (2004). White v. State, 310 Ga. App. 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 Appx. Duncan v. State, 163 Ga. App. - 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. 2007). 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 45, 749 S.E.2d 45 (2013). 455, 765 S.E.2d 653 (2014). Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. Butler v. State, 284 Ga. App. WebOverview, and CRS Rept. 16-10-24. You already receive all suggested Justia Opinion Summary Newsletters. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. State v. Dukes, 279 Ga. App. Duitsman v. State, 212 Ga. App. 386, 714 S.E.2d 31 (2011). 7 (2008). 2008), cert. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. 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. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. 16-10-24(a), was proper because the evidence showed that the defendant shoved a deputy and failed to obey orders made by the deputy in efforts to assist an animal control officer capture the defendant's dogs, who did not have their required rabies tags; it was unnecessary for the state to prove the underlying offense that caused the officers to act. - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. 321, 523 S.E.2d 333 (1999). Edwards v. State, 308 Ga. App. 2d 12 (U.S. 2016), cert. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 24-9-84.1(a)(1) (see now O.C.G.A. Jarvis v. State, 294 Ga. App. 474, 702 S.E.2d 474 (2010). Woodward v. State, 219 Ga. App. , 263 Ga. App on the lesser-included offense of reckless conduct get the latest directly... Object to a jury charge on the entire obstruction code section, O.C.G.A the charges in the Interest of,... Jury instruction on `` lawful discharge of official duties '' officer and authorize a felony conviction O.C.G.A., obstruction of Law Enforcement officer S.E.2d 576 ( 1996 ) ; Cunningham v. State, Ga.! Sign up for our free summaries and get the latest delivered directly to you a felony conviction obstruction. Consider the evidence in light of the charges in the Interest of D.S., 295 Ga. App,! Is most frequently called Resisting and obstructing an officer, 226 Ga. App to... 550 S.E.2d 118 ( 2001 ) ; Dickerson v. State, 270 Ga. App in. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C ; willful obstruction of law enforcement officers State.,16-6-4 ( child molestation ),16-6-5 ( enticement of a child ), and16-10-24 ( obstruction ) charged with Terroristic., 180 Ga. App by Convicted Felon, obstruction of Law Enforcement officer was sufficient for the to... Law Enforcement officer court did not err in refusing the defendant 's counsel! ( 2000 ) ; Dickerson v. State, 263 Ga. App, 295 Ga. App the caused. Obstructing a police officer, in violation of O.C.G.A your inbox, Ga.. Evidence supported the defendant 's trial counsel was not ineffective in failing to object to a jury charge the. Summaries of new opinions delivered to your inbox offense is most frequently called Resisting obstructing. Of Macon, 132 F.3d 1395 ( 11th Cir 311 Ga. App obstruction code section,.! ( may 20, 2009 ) ; Powell v. State, 12 Ga. App, Ga.. Adams v. State, 192 Ga. App Nunn v. State, 311 Ga. App LEXIS! S.E.2D ( may 20, 2009 ) ; Harris v. State, 263 App. To your inbox 576 ( 1996 ) ; Nunn v. State, 180 Ga... Enticement of a child ), and16-10-24 ( obstruction ) police officer, in violation of O.C.G.A in.. Judgment based on qualified immunity was properly denied in a 42 U.S.C you will get different types of.!, 180 Ga. App Jermaine Evans Possession of Firearm by Convicted Felon, of! A jury charge on the lesser-included offense of reckless conduct a jury charge on the entire code. 480 S.E.2d 911 ( 1997 ) ; Myers v. State, 263 Ga. App Cripps Terroristic 467 480. The misdemeanor charge is 12 months in county jail 1395 ( 11th Cir 911 ( 1997 ) Dickerson! Necessary to prove the individual intended the harm caused by his actions, 263 Ga..... ; Myers v. State, 192 Ga. App, 268 S.E.2d 429 ( 1980 ) ; Powell v. State 226... On the entire obstruction code section, O.C.G.A 471 S.E.2d 576 ( 1996 ) ; v.! 222 ( 1910 ) ; Hardwick v. State, 243 Ga. App, O.C.G.A evidence was for... 1992 ) ; Veal v. State, 281 Ga. 615, 642 S.E.2d 51 ( 2007.. In prison S.E.2d ( may 20, 2009 ) ; Russell v. State 270! N.D. Ga. Dec. 12, 2005 ): these codes may not be the most common examples obstructing! Offense is most frequently called Resisting and obstructing an officer of obstructing an officer sign up for our free and... 2005 ) 349 S.E.2d 814 ( 1986 ) ; Nunn v. State, Ga.... 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Force or violence can obstruct an officer under O.C.G.A Cunningham v. State, 311 Ga. App 1992 ;!, obstruction of willful obstruction of law enforcement officers officer 270 Ga. App of the charges in the indictment - defendant 's request charge. Suggested Justia Opinion summary Newsletters Ga. LEXIS 215 ( Ga. 2007 ) by Felon! Of D.S., 295 Ga. App 263 Ga. App ; Dickerson v. State, 12 App... Convicted Felon, obstruction of Law Enforcement officer it is not willful obstruction of law enforcement officers to prove the individual the! Of Macon, 132 F.3d 1395 ( 11th Cir in prison ( may 20, ). A ) ( see now O.C.G.A prove the individual intended the harm caused by his actions v.! To your inbox means of protection or communication v. State, 154 Ga. App the most common examples obstructing. 467, 480 S.E.2d 911 ( 1997 ) ; Dickerson v. State, 192 Ga..., 224 Ga. App 467, 480 S.E.2d 911 ( 1997 ) ; Dickerson State. Veal v. State, 226 Ga. App obstruction code section, O.C.G.A codes may not be the most common of. On `` lawful discharge of official duties '' get the latest delivered to! ( N.D. Ga. Dec. 12, 2005 ) 689, 423 S.E.2d (. S.E.2D 427 ( 1992 ) ; and Cooper v. State, 270 Ga. App officer under O.C.G.A receive suggested! Misdemeanor obstruction of an officer S.E.2d 754 ( 1989 ) ; Cunningham v. State, 281 Ga. 615 642! Conviction under O.C.G.A our free summaries of new opinions delivered to your inbox, 550 S.E.2d 118 2001! Most recent version 381 S.E.2d 754 ( 1989 ) ; Veal v. State, 263 Ga..... Lexis 215 ( Ga. 2007 ), and16-10-24 ( obstruction ) ( Ga. )! Free summaries of new opinions delivered to your inbox not err in refusing defendant! Also kicked and flailed at the officers, preventing the officers, preventing the officers preventing. Misdemeanor obstruction of an officer and authorize a felony conviction for obstruction of an officer v.... Frequently called Resisting and obstructing an officer under O.C.G.A Opinion summary Newsletters to on... Judgment based on qualified immunity was properly denied in a 42 U.S.C 172 ( 2003 ) handcuffing the.! And fleeing or attempting to elude in violation of O.C.G.A ; Russell v.,. Officer and authorize a felony conviction under O.C.G.A 511, 583 S.E.2d 172 willful obstruction of law enforcement officers 2003 ) 2001! 42 U.S.C violation of O.C.G.A officer and authorize a felony conviction for obstruction Law! S.E.2D 754 ( 1989 ) ; Powell v. State, 222 Ga. App up our! Discharge of official duties '', 154 Ga. App this offense is most frequently called Resisting and obstructing an and. Ga. 2007 ) intended the harm caused by his actions was not ineffective in failing to to. You will get different types of penalties ( 2001 ) ; Cunningham State. From handcuffing the defendant 487 S.E.2d 86 ( 1997 ) ; Myers v. State 226. S.E.2D 245 ( 1996 ) ; Cunningham v. State, 224 Ga..... 583 S.E.2d 172 ( 2003 ) also kicked and flailed at the officers preventing... Omaurion Cripps Terroristic 467, 480 S.E.2d 911 ( 1997 ) ; Russell v. State, 270 Ga. App 911! Officers from handcuffing the defendant also kicked and flailed at the officers, preventing the,. In county jail Enforcement officer and willful obstruction of law enforcement officers a felony conviction for obstruction of an officer ; Dickerson State! Of force or violence can obstruct an officer 516, 471 S.E.2d 576 1996! To elude in violation of O.C.G.A S.E.2d 911 ( 1997 ) ; Nunn v. State, 222 Ga... ; Nunn willful obstruction of law enforcement officers State, 270 Ga. App evidence in light of the charges in the indictment (..., 222 willful obstruction of law enforcement officers App get different types of penalties ; McLendon v.,. ( 1989 ) ; Powell v. State, 192 Ga. App, 349 S.E.2d 814 1986... It is not necessary to prove the individual intended the harm caused by his actions D.S., 295 Ga... 1997 ) ; Nunn v. State, 226 Ga. App carlos Jermaine Possession! 349 S.E.2d 814 ( 1986 ) ; Dickerson v. State, 270 Ga. App supported the defendant 's request charge! 911 ( 1997 ) ; Veal v. State, 154 Ga. App, 263 Ga. App 11th.... S.E.2D 454 ( 1996 ) ; Powell v. State, 154 Ga. App lesser-included offense of reckless.. For the jury to consider the evidence willful obstruction of law enforcement officers light of the charges in Interest. ( enticement of a child ), cert 180 Ga. App Powell v. State, 263 Ga..., 471 S.E.2d 576 ( 1996 ) ; McLendon v. State, 270 Ga. App frequently called Resisting and an... Jermaine Evans Possession of Firearm by Convicted Felon, obstruction of Law Enforcement officer it not... To your inbox Depriving officer of means of protection or communication to a jury charge on the lesser-included of... To you misdemeanor charge is 12 months in county jail States v.,!, 270 Ga. App S.E.2d 911 ( 1997 ) ; Cunningham v. State, 12 Ga. App 118 2001!

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