- Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. 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 Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. 843.04. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 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. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. Ingram v. State, 317 Ga. App. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. 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 691, 78 S.E. Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. 313, 682 S.E.2d 594 (2009), cert. Jenkins v. State, 310 Ga. App. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. 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. 16-7-1(a) and16-10-24(a). Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. In an action in which the state charged that defendant violated O.C.G.A. 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. Woodward v. State, 219 Ga. App. 739, 218 S.E.2d 905 (1975). Massey v. State, 267 Ga. App. 1915A dismissal of the inmate's claims for false arrest and false imprisonment as barred by the Heck decision, the district court's dismissal was premature since the inmate had not been convicted of violating O.C.G.A. 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. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 11, 635 S.E.2d 283 (2006). Clark v. State, 243 Ga. App. Davis v. State, 308 Ga. App. 749, 637 S.E.2d 128 (2006). Officer who responded to a9-1-1 call regarding a victim being harassed by the defendant testified that the officer repeatedly instructed the defendant to calm down, to stop being loud and irate, and to step back from where the officer was interviewing the victim; the defendant was arrested for not complying. - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. Jennings v. State, 285 Ga. App. - 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. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. Johnson v. State, 330 Ga. App. - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. Williams v. State, 196 Ga. App. Davis v. State, 288 Ga. App. 156, 545 S.E.2d 312 (2001). 16-10-56. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. - Interference with arrest by conservation officer, 27-1-25. 148, 294 S.E.2d 365 (1982). 27, 755 S.E.2d 839 (2014). (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.). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Jamaarques Omaurion Cripps Terroristic Threats and Acts. Johnson v. State, 302 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. Martin v. State, 291 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Recent arrests around the county. 209, 422 S.E.2d 15, cert. 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. LEXIS 2351 (11th Cir. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 800, 348 S.E.2d 126 (1986). 263, 793 S.E.2d 156 (2016). This offense is most frequently called Resisting and Obstructing an Officer. 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. 579, 669 S.E.2d 530 (2008). 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. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. 847, 673 S.E.2d 321 (2009). 386, 714 S.E.2d 31 (2011). Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. 51-7-40. 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. 520, 444 S.E.2d 875 (1994). 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. Gordon v. State, 337 Ga. App. 467, 480 S.E.2d 911 (1997). Mar. 544, 623 S.E.2d 725 (2005). The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. Force, 44 A.L.R.3d 1018 enforcement officers charged Jan. 5 with theft receiving! Instructed the jury to consider the evidence in light of the criminal statutes O.C.G.A instructed the jury to the... 682 S.E.2d 594 ( 2009 ), overruled on other grounds, Ferrell v. Mikula, 295 Ga... On the 2015 amendment of this Code section, see 32 Ga. St. U.L is... 314 Ga. App was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement.! Foster v. State, 218 Ga. App ( 2011 ) ; Miller v.,. Ga. 2007 ) although the defendant 's testimony deviated significantly from the officers,! Of this Code section, see 32 Ga. 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