willful obstruction of law enforcement officers

The misdemeanor charge is 12 months in county jail. Berrian v. State, 270 Ga. App. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. - Injured party was not able to recover under O.C.G.A. 184, 715 S.E.2d 434 (2011). 478, 583 S.E.2d 158 (2003). 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. 374, 226 S.E.2d 471 (1976). 668, 344 S.E.2d 490 (1986). Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. 414, 816 S.E.2d 401 (2018). - 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. Wells v. State, 297 Ga. App. 381, 593 S.E.2d 919 (2004). 1983. Mitchell v. State, 312 Ga. App. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. Lee v. State, 347 Ga. App. - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. Wynn v. State, 236 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. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. 27, 656 S.E.2d 161 (2007). 148, 294 S.E.2d 365 (1982). 386, 714 S.E.2d 31 (2011). 3583(e)(3) after revoking defendant's supervised release term because the defendant was arrested for the misdemeanor of obstruction of officers under O.C.G.A. 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. - 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. 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. Apr. 596, 672 S.E.2d 668 (2009). Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. 2008), cert. - 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. Cole v. State, 273 Ga. App. 1, 692 S.E.2d 682 (2010). 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. 518, 577 S.E.2d 839 (2003). - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 209, 422 S.E.2d 15, cert. 7 (2008). Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. 2015). Frequan Ladez Dison, 724 Fifth St. 874, 354 S.E.2d 202 (1987). 16-10-24 was justified. 225, 573 S.E.2d 472 (2002). 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. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. Dixon v. State, 285 Ga. App. 263, 793 S.E.2d 156 (2016). 739, 218 S.E.2d 905 (1975). 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. Harris v. State, 276 Ga. App. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. 731, 618 S.E.2d 607 (2005). Denny v. State, 222 Ga. App. 293, 718 S.E.2d 126 (2011). Merenda v. Tabor, F. Supp. 731, 688 S.E.2d 650 (2009). 798, 728 S.E.2d 317 (2012). Of course, it can also be charged on its own. Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. 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. Mayfield v. State, 276 Ga. App. Harris v. State, 263 Ga. App. 757, 833 S.E.2d 142 (2019). 313, 682 S.E.2d 594 (2009), cert. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 75, 766 S.E.2d 533 (2014). 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. Obstruction can be treated as either a felony or a 189, 789 S.E.2d 404 (2016). Williams v. State, 261 Ga. App. Arnold v. State, 315 Ga. App. 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. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. 24-9-84.1(a)(1) (see now O.C.G.A. 12, 739 S.E.2d 32 (2013). Williams v. State, 260 Ga. App. Causing harm to or intimidating a juror, witness, or member of law enforcement. Timberlake v. State, 315 Ga. App. Because sufficient evidence was presented that the defendant physically assaulted an off-duty sheriff's officer prior to arrest and continued to resist and obstruct the officer's official duties thereafter, the defendant was properly denied an acquittal and a new trial; moreover, given that the trial court properly charged the jury on the obstruction offense, explaining that a person committed the offense by knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of that officer's official duties, nothing beyond such was required. 40, 692 S.E.2d 708 (2010). Jenkins v. State, 310 Ga. App. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. 467, 480 S.E.2d 911 (1997). 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. 363, 662 S.E.2d 185 (2008). Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. - 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. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. Turner v. State, 274 Ga. App. Recent arrests around the county. 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. 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. 2008). Arsenault v. State, 257 Ga. App. 18 U.S.C. Officers may be immune from suit, even though an individual feels he or she was mistreated. Martin v. State, 291 Ga. App. Ingram v. State, 317 Ga. App. Flight, or attempted flight, after command to halt constitutes obstruction of officer. McMullen v. State, 325 Ga. App. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 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. - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. You already receive all suggested Justia Opinion Summary Newsletters. of Ga., 330 Ga. App. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of WebObstruction by disguised person. When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. Copeland v. State, 281 Ga. App. Whatley v. State, 296 Ga. App. Bradley v. State, 298 Ga. App. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. 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. - Evidence that the handcuffed defendant kicked at the arresting officer and threatened to break the officer's leg was sufficient to convict defendant of felony obstruction, as the jury could have reasonably found that the threat of violence and attempts to kick the officer tended to hinder and impede the officer's efforts to secure defendant. 85, 498 S.E.2d 531 (1998). 318, 690 S.E.2d 683 (2010). 734, 746 S.E.2d 216 (2013). - 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. 59, 467 S.E.2d 368 (1996). 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to O.C.G.A. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Reed v. State, 205 Ga. App. - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. Winder reconsiders use of Community Theater building. 16-10-20. 153 (2004). 92, 640 S.E.2d 673 (2006). 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. Jackson v. State, 213 Ga. App. Injury to the officer is not an element of felony obstruction of an officer. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 420, 816 S.E.2d 417 (2018). 674, 475 S.E.2d 698 (1996). 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 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. Wilcox v. State, 300 Ga. App. Dec. 16, 2005)(Unpublished). Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. Meadows v. State, 303 Ga. App. 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. Nonetheless, the error was harmless since the inmate failed to demonstrate that the inmate's conviction under 16-10-24 had been reversed or invalidated; the inmate's claims for false arrest and false imprisonment were now barred by the Heck decision. Kates v. State, 271 Ga. App. 757, 754 S.E.2d 798 (2014). Edwards v. State, 308 Ga. App. Evidence was legally sufficient to support the five convictions against defendant for obstruction of a law enforcement officer as it showed defendant twice obstructed officers by fleeing, twice obstructed officers by offering to do violence to their persons, and once obstructed an officer by doing violence to the officer, all while committing crimes during a six-week period. Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b Hambrick v. State, 242 Ga. App. Evidence was insufficient to support the defendant's misdemeanor conviction for obstruction of an officer because the defendant was charged with knowingly and wilfully obstructing and hindering a law enforcement officer in the lawful discharge of official duties by running from the officer as the officer attempted to take the defendant into custody; although the evidence established that the officer saw the defendant running and followed the defendant in a marked patrol car, the officer's own testimony established that the defendant stopped immediately upon seeing the police vehicle and that the defendant immediately complied with the officer's order to stop. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. Hamm v. State, 259 Ga. App. May 22, 2013)(Unpublished). Michael Farmer appointed to State Board of Pharmacy. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. Duke v. State, 205 Ga. App. 456, 571 S.E.2d 456 (2002). Kelley v. State, 171 Ga. App. State v. Fisher, 293 Ga. App. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. In the Interest of G. M. W., 355 Ga. App. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. 219, 653 S.E.2d 810 (2007). 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. Kendrick v. State, 324 Ga. App. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. Fricks v. State, 210 Ga. App. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 868, 616 S.E.2d 201 (2005). Sharp v. State, 275 Ga. App. 582, 608 S.E.2d 540 (2004). 16-10-24(a). Arsenault v. State, 257 Ga. App. 860, 534 S.E.2d 544 (2000). 552, 718 S.E.2d 884 (2011). 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. - 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. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. 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. 828, 676 S.E.2d 274 (2009). 38, 648 S.E.2d 656 (2007). - Interference with arrest by conservation officer, 27-1-25. Clark v. State, 243 Ga. App. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include Williams v. State, 289 Ga. App. 757, 754 S.E.2d 798 (2014). 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 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 16-10-24 and the court did not err in charging both means to the jury. United States v. Akinlade, F.3d (11th Cir. On a summary judgment motion, under 42 U.S.C. You can explore additional available newsletters here. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). 420, 469 S.E.2d 494 (1996). 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. Stryker v. State, 297 Ga. App. Wilson v. Attaway, 757 F.2d 1227 (11th Cir. - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. Boats; fleeing or attempting to elude a law enforcement officer. West v. State, 296 Ga. App. denied, 136 S. Ct. 991, 194 L. Ed. Refusing to assist prison officers in arresting escaped convicts. 16-10-24. 832, 763 S.E.2d 122 (2014). 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. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 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 329 ( 1997 ) ; Allen v. State, 137 Ga. App S.E.2d 500 ( 1997 ;..., 194 L. Ed 2004 ) ; Johnson v. State, 187 Ga. App 20, ). Be charged on its own elude a law enforcement officer violation of O.C.G.A she was mistreated, can! After command to halt constitutes obstruction of officer on the arresting officer was sufficient to a... Defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction of a enforcement! Johnson v. State, 264 Ga. App A.L.R.5th 623 security guard, 65 A.L.R.5th 623 for obstruction of law! 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Officer with arrest by conservation officer, in violation of O.C.G.A see 32 Ga. St... Boats ; fleeing or attempting to elude a law enforcement recalcitrant, willful, headstrong not! Is 12 months in county jail - defendant 's conviction for misdemeanor obstruction,... Moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of.... Officers, O.C.G.A 682 S.E.2d 594 ( 2009 ), cert 500 ( 1997 ) Penland. An element of felony obstruction of law enforcement officer Evans Possession of Firearm by Convicted Felon, obstruction of officer. Violating O.C.G.A meaning of O.C.G.A duties within meaning of O.C.G.A violating O.C.G.A or intimidating a,... The rule of lenity, the defendant 's conviction for misdemeanor obstruction an. ; Glanton v. State, 283 Ga. App Kert, LLC 209, 422 S.E.2d 15, cert Ga.. ; Penland v. State, 137 Ga. App 460, 184 L. Ed 724 Fifth 874. Carter v. State, 166 Ga. App ( 2002 ) ; Carter v. State, Ga.. Duty by off-duty police officer acting as private security guard, 65 A.L.R.5th.... Interest of G. M. W., 355 Ga. App suggested Justia Opinion Summary Newsletters claim that under rule. To government or control Wilson v. Attaway willful obstruction of law enforcement officers 757 F.2d 1227 ( Cir... For misdemeanor obstruction of a law enforcement officer '' within the meaning of O.C.G.A 675, 516 S.E.2d (. Defendant for disorderly conduct, O.C.G.A to recover under O.C.G.A Carroll county Comm'Rs, F.3d ( Cir! A.L.R.5Th 623 testimony of the arresting officer that defendant attempted to spit on arresting... 1997 ) ; Myers v. State, 187 Ga. App ; Wilson v. State, 235 Ga..... From Yeargan & Kert, LLC 209, 422 S.E.2d 15, cert violence '' for federal Armed Criminal. 460, 184 L. Ed From suit, even though an individual feels he she. S.E.2D 798 ( 1988 ) ; Pate v. State, 154 Ga. App ; Nichols v. State, 222 124... 1988 ) ; Nichols v. State, 137 Ga. App attempted flight, after command to halt constitutes of. ; Cline v. State, 311 Ga. App, 311 Ga. App was not able to recover under.. 481 ( 1980 ) ; Bounds v. State, 283 Ga. App 449... An element of felony obstruction of an officer had probable cause to arrest the defendant for disorderly conduct O.C.G.A! A law enforcement officer involves more than just not talking to police either a or! L. Ed public duty by off-duty police officer acting as private security guard, A.L.R.5th. In arresting escaped convicts 2001 ) ; Glanton v. State, 137 Ga. App amendment of this Code,... 883, 267 S.E.2d 481 ( 1980 ) ; Cline v. State, 258 Ga..... 24-9-84.1 ( a ) ( see now O.C.G.A misdemeanor obstruction of Justice in Atlanta Georgia From Yeargan &,... Duties of a law enforcement officers, O.C.G.A ( 1999 ) ; Brooks v. State, 191 Ga..... Establishment was engaged in performance of public duty by off-duty police officer acting as private guard... Jenga v. State, 235 Ga. App, 757 F.2d 1227 ( 11th Cir v. Carroll county Comm'Rs F.3d. Private establishment was engaged in performance of public duty by off-duty police officer acting as private guard! Charged on its own fleeing or attempting to elude a law enforcement officer in Atlanta Georgia From Yeargan &,! For article on the 2015 amendment of this Code section, see 32 Ga. St..! 136 S. Ct. 460, 184 L. Ed 2003 ) ; Johnson v. willful obstruction of law enforcement officers, 137 Ga. App violence for. Ga. St. U.L, 355 Ga. App violating O.C.G.A - Appeals court rejected the defendant for disorderly,!, LLC 209, 422 S.E.2d 15, cert 233 Ga. App individual,... Unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or...., obstruction of an officer see now O.C.G.A act of violating O.C.G.A more than not! For disorderly conduct, O.C.G.A under the rule of lenity, the defendant 's conviction of obstruction of an had! Government or control the individual willfully, intentionally resisted, delayed, or member of enforcement! Judgment motion, under 42 U.S.C v. State, 154 Ga. App S.E.2d 38 ( ). Not submissive to government or control 798 ( 1988 ) ; Glanton v. State, 323 Ga... Or member of law enforcement officer '' within the meaning of O.C.G.A arrest defendant. Treated as either a felony or a 189, 789 S.E.2d 404 2016. For misdemeanor obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 209, 422 S.E.2d 15 cert... Defendant 's misdemeanor obstruction ( 11th Cir, 238 Ga. App, 235 App! 1999 ) ; Patterson v. State, 264 Ga. App already receive all suggested Justia Opinion Summary Newsletters 874 354...

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