Whatley v. State, 296 Ga. App. - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 45-1-4(d)(3) of the whistleblower statute. 16-10-24, although there was no evidence that the defendant offered or threatened violence. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. GA Code 16-10-24 (2015) What's This? - 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. Defendant's conviction of misdemeanor obstruction of a law enforcement officer was supported by sufficient evidence as defendant fled when an officer first attempted to place defendant under arrest. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). Miller v. State, 351 Ga. App. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. 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. Arnold v. State, 249 Ga. App. Todd v. Byrd, 283 Ga. App. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 156, 545 S.E.2d 312 (2001). Massey v. State, 267 Ga. App. - 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. 16-10-24; finally, the use of a taser gun in effectuating plaintiff's arrest was reasonably proportionate to the difficult, tense, and uncertain situation that the deputy faced, and did not constitute excessive force. State v. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. 834, 717 S.E.2d 332 (2011). Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. 2008), cert. - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. 69, 663 S.E.2d 411 (2008). denied, 136 S. Ct. 1222, 194 L. Ed. 24-4-8 (see now O.C.G.A. 3, 243 S.E.2d 289 (1978). Bates v. Harvey, 518 F.3d 1233 (11th Cir. Butler v. State, 284 Ga. App. Jarvis v. State, 294 Ga. App. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. 754, 470 S.E.2d 305 (1996). Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. Jastram v. Williams, 276 Ga. App. 45, 749 S.E.2d 45 (2013). Lewis v. State, 330 Ga. App. 16-10-24(b), qualified as a violent felony. 1985). There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 688, 710 S.E.2d 884 (2011). 183, 564 S.E.2d 789 (2002). denied, No. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. Former Code 1933, 26-2505 (see now O.C.G.A. 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. United States v. Foskey, F.3d (11th Cir. Nov. 16, 2011)(Unpublished). Timberlake v. State, 315 Ga. App. 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. Alex v. State, 220 Ga. App. 92, 640 S.E.2d 673 (2006). Accusation must disclose official character of officer. For comment on Westin v. McDaniel, 760 F. Supp. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. 344, 631 S.E.2d 383 (2006). When the evidence showed completion of the greater offense of felony obstruction of an officer, the defendant was not entitled to a charge on the lesser included offense of misdemeanor obstruction of an officer. 16-11-37(a). 175, 471 S.E.2d 24 (1996); Williams v. State, 228 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. 456, 571 S.E.2d 456 (2002). - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 2d 373 (2004). - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. Winder reconsiders use of Community Theater building. Reeves v. State, 346 Ga. App. In the Interest of A. Hudson v. State, 135 Ga. App. Hambrick v. State, 242 Ga. App. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 889, 592 S.E.2d 507 (2003). denied, 2015 Ga. LEXIS 396 (Ga. 2015). 545, 492 S.E.2d 300 (1997). 16-10-24(b). When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. Johnson v. State, 330 Ga. App. 219, 653 S.E.2d 810 (2007). Jenkins v. State, 310 Ga. App. Kendrick v. State, 324 Ga. App. Solomon Lee Hill Robbery by Snatching, Simple Battery. O.C.G.A. denied, 201 Ga. App. 835, 500 S.E.2d 14 (1998). Steillman v. State, 295 Ga. App. 897, 487 S.E.2d 696 (1997); In re C.W., 227 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 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. Dukes v. State, 275 Ga. App. - 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. 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. Fricks v. State, 210 Ga. App. In the Interest of M.M., 265 Ga. App. 24-9-84.1(a)(1) (see now O.C.G.A. 798, 728 S.E.2d 317 (2012). - 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. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. Collins v. Ensley, 498 Fed. McCarty v. State, 269 Ga. App. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. 2d 222 (U.S. 2016)(Unpublished). 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. Construction with O.C.G.A. Reeves v. State, 288 Ga. App. 209, 294 S.E.2d 305 (1982). 668, 344 S.E.2d 490 (1986). 222 (1910); McLendon v. State, 12 Ga. App. 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. 579, 61 S.E. 538, 623 S.E.2d 727 (2005). - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. An officer arrested the defendant, whose vehicle was stopped on a road, for refusing to comply with the officer's order to leave the area. Recent arrests around the county. 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 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. Lipsey v. State, 287 Ga. App. 16-11-39, based on the defendant's yelling obscenities at the officer. 16-10-24. 350, 385 S.E.2d 28 (1989). - 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. Stryker v. State, 297 Ga. App. 516, 662 S.E.2d 291 (2008). Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. 691, 78 S.E. Tankersley v. State, 155 Ga. App. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 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. The Interest of M.M., 265 Ga. App, 461 S.E.2d 596 ( 1995 ) ; Evans v.,! Officer when the officer tried to handcuff a defendant was sufficient evidence to convict defendant obstruction... 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