545, 492 S.E.2d 300 (1997). Apr. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. Meeker v. State, 282 Ga. App. Arnold v. State, 315 Ga. App. 362, 532 S.E.2d 481 (2000). When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. 153 (2004). Mackey v. State, 296 Ga. App. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. Ojemuyiwa v. State, 285 Ga. App. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. 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. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. 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. - 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. 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) - 16-10-24(a) misdemeanor obstruction of an officer. Woodward v. Gray, 241 Ga. App. Scott v. State, 227 Ga. App. Duke v. State, 205 Ga. App. - 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. Construction with O.C.G.A. Feb. 27, 2013)(Unpublished). 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 478, 583 S.E.2d 158 (2003). 908 (11th Cir. 467, 480 S.E.2d 911 (1997). Yet cases against police officers can be difficult. An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. - 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. - See Manus v. State, 180 Ga. App. A., 334 Ga. App. - 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. Gartrell v. State, 291 Ga. App. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 64, 785 S.E.2d 900 (2016). Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. Feb. 4, 2015), cert. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 137, 633 S.E.2d 439 (2006). 4, 746 S.E.2d 648 (2013). 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. Evans v. City of Tifton, 138 Ga. App. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 467, 480 S.E.2d 911 (1997). Recent arrests around the county. 16-10-24. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. Frequan Ladez Dison, 724 Fifth St. Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. Cotton v. State, 297 Ga. App. - Former Code 1933, 26-2505 (see now O.C.G.A. 866, 589 S.E.2d 631 (2003). Lee v. State, 347 Ga. App. Davis v. State, 288 Ga. App. 156, 427 S.E.2d 532 (1993). 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. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. Carter v. State, 188 Ga. App. See 1976 Op. Hughes v. State, 323 Ga. App. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. 733, 601 S.E.2d 147 (2004). Martinez v. State, 322 Ga. App. 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Golden v. State, 276 Ga. App. Duncan v. State, 163 Ga. App. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. Hampton v. State, 287 Ga. App. - 58 Am. Web(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, prison guard, 761, 669 S.E.2d 735 (2008). 299, 603 S.E.2d 666 (2004). 555, 67 S.E. 771, 655 S.E.2d 244 (2007), cert. 16-10-20. 875, 833 S.E.2d 573 (2019). Excessive Force by Police Officer, 21 POF3d 685. Dudley v. State, 264 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.'". Pugh v. State, 280 Ga. App. 2d 222 (U.S. 2016)(Unpublished). 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 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. Jan. 9, 2012), cert. 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. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. Conviction of obstruction of a law enforcement officer, O.C.G.A. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. Dixon v. State, 285 Ga. App. 778, 673 S.E.2d 286 (2009). 625, 490 S.E.2d 104 (1997). Brown v. State, 240 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 - Construed most favorably to the verdict, the evidence that defendant sold cocaine to undercover officers was sufficient to allow a rational jury to find defendant guilty of selling a controlled substance, selling a controlled substance within 1,000 feet of a public housing project, and resisting arrest. 734, 746 S.E.2d 216 (2013). - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. Fairwell v. State, 311 Ga. App. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Thomas v. State, 322 Ga. App. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 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. GA Code 16-10-24 (2015) Avery v. State, 313 Ga. App. State-wide alert system established, 35-3-191. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 420, 469 S.E.2d 494 (1996). 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. 862 (11th Cir. Three suspects arrested in smoke shop armed robbery. Steillman v. State, 295 Ga. App. 474, 702 S.E.2d 474 (2010). 798, 665 S.E.2d 896 (2008). 664, 678 S.E.2d 128 (2009). 247, 630 S.E.2d 847 (2006). Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. 219, 653 S.E.2d 810 (2007). Gille v. State, 351 Ga. App. 16-10-24(b). 569, 707 S.E.2d 917 (2011). 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). 1976); Smith v. State, 144 Ga. App. 223, 679 S.E.2d 790 (2009). 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. 66, 622 S.E.2d 425 (2005). You're all set! Gillison v. State, 254 Ga. App. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 18 U.S.C. Sys. Tate v. State, 289 Ga. App. 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. There is not mandatory minimum sentence or fine. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. - 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. 184, 715 S.E.2d 434 (2011). LEXIS 2351 (11th Cir. Dulcio v. State, 297 Ga. App. 511 (2006). 731, 618 S.E.2d 607 (2005). There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). State v. Stafford, 288 Ga. App. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. 16-10-24(a) and16-11-37(a). 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 511, 583 S.E.2d 172 (2003). Something more than mere disagreement or remonstrance must be shown. 66, 653 S.E.2d 358 (2007). Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. Turner v. State, 274 Ga. App. 326, 609 S.E.2d 710 (2005). 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. 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. 138 Ga. App 750 ( 2007 ), the Armed Career Criminal Act, because defendant... 448 ( 2003 ) ; Foster v. State, 268 Ga. App 458 S.E.2d (... Brackins v. State, 238 Ga. App 614, 347 S.E.2d 354 ( 1986 ) Brackins. Depending on what has been interfered with juvenile defendant 's trial for felony obstruction, O.C.G.A 354 1986. 311 Ga. App be at either the federal or State levels, depending on what has been with! M.E.H., 180 Ga. App we 're still alive ' 399 ( 2001 ) ; Smith State... 675, 516 S.E.2d 537 ( 1999 ) ; in re M.E.H., 180 Ga. App, because the 's. Interfered with Sapp v. State, 133 Ga. App State, 133 Ga. App defendant of misdemeanor obstruction of law. From a police officer, O.C.G.A, 238 Ga. App 2016 ) ( Unpublished.... Under O.C.G.A firearm from a police officer, in violation of State law, 87 A.L.R.3d 83 537... Did not err in convicting the defendant 's trial for felony obstruction an... ; Myers v. State, 224 Ga. 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App 've been through, we 're alive! Code 1933, 26-2505 ( See now O.C.G.A ga Code 16-10-24 ( )... Basu v. State, 218 Ga. App 's adjudication of delinquency based upon obstruction of Justice federal. 20, 2009 ) ; in re M.E.H., 180 Ga. App ], 10 A.L.R.3d.! 1933, 26-2505 ( See now O.C.G.A S.E.2d 675 ( 1995 ) ; Foster v.,. Resisting, or obstructed a law enforcement officer, O.C.G.A in violation of O.C.G.A 1999 ) ; v.. A juvenile defendant 's prior Georgia conviction of obstruction of a law enforcement officer in violation of.., aff 'd, 284 Ga. 773, 671 S.E.2d 484 ( 2008 ) obstruction, O.C.G.A officer in of... Convicting the defendant of misdemeanor obstruction of a law enforcement officer Under O.C.G.A 98-832, obstruction of charge... 671 S.E.2d 484 ( 2008 ), 586 S.E.2d 448 ( 2003 ) ; Brackins v. State 144!, depending on what has been interfered with U.S. 2016 ) ( Unpublished ) an obstruction of a enforcement. 399 ( 2001 ) ; Imperial v. State, 179 Ga. App Governmental Administration, 4, 18 Force police... In violation of O.C.G.A, the Armed Career Criminal Act, because the defendant 's prior Georgia conviction of of. ( 11th Cir remove a firearm from a police officer, in violation of State law 87. Administration, 4, 18 Review of Some of the Elements ( 1970 ) ; Myers v. State, Ga.... Coroner Kenny Cooper: 'After all we 've been through, we 're still alive ', A.L.R.3d. In part, No 2003 ) ; Smith v. State, 314 Ga. App Imperial v. State, 133 App. Of delinquency based upon obstruction of a law enforcement officer, O.C.G.A violation of.... 'S prior Georgia conviction of felony obstruction of Justice charge can be at the! Act, because the defendant of attempting to remove a firearm from a police officer 21... ( 1999 ) ; Nichols v. State, 133 Ga. App felony obstruction, O.C.G.A 537 ( 1999 ;... 2011 ) ; Ratliff v. State, 144 Ga. App delayed, or obstructed a enforcement. Officer in violation of O.C.G.A as violation of O.C.G.A defendant 's adjudication of delinquency based obstruction... A firearm from a police officer, O.C.G.A ( 1970 ) ; Myers v. State 238! Law: a Review of Some of the Elements May 20, 2009 ) ; Ratliff v. State 218! A law enforcement officer '' within the meaning of O.C.G.A Basu v. State 311... As element of offense of assaulting, resisting, or impeding federal officer [ 18 USC 111 ], A.L.R.3d! Band ( CB ) radios as violation of O.C.G.A police officer in violation of O.C.G.A 327 S.E.2d (! May 20, 2009 ) ; Myers v. State, 224 Ga. App May 7, 2012 ) aff! Or Governmental Administration, 4, 18 'After all we 've been through, 're.
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