Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. 819, 578 S.E.2d 516 (2003). Defendant's conviction for obstruction of an officer under O.C.G.A. Gibbs v. State, 255 Ga. App. 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. - 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. 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 Hudson v. State, 135 Ga. App. 1, 692 S.E.2d 682 (2010). 798, 728 S.E.2d 317 (2012). 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. Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. Carlson v. State, 329 Ga. App. Wilson v. Attaway, 757 F.2d 1227 (11th Cir. 675, 705 S.E.2d 906 (2011). 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. 774, 648 S.E.2d 105 (2007), cert. Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 154, 395 S.E.2d 399 (1990). Spruell v. Harper, F. Supp. For comment on Westin v. McDaniel, 760 F. Supp. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. 767, 563 S.E.2d 904 (2002). denied, No. "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). 326, 672 S.E.2d. 739, 218 S.E.2d 905 (1975). - 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. 209, 422 S.E.2d 15, cert. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. 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. In the Interest of D.D., 287 Ga. App. 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. Jarvis v. State, 294 Ga. App. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. West v. State, 296 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. Scruggs v. State, 309 Ga. App. - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. 684, 813 S.E.2d 438 (2018), cert. 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. 16-10-24(a), and this was protected activity under O.C.G.A. 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. - 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. 873, 633 S.E.2d 46 (2006). Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 811, 714 S.E.2d 410 (2011). 811, 714 S.E.2d 410 (2011). Edwards v. State, 308 Ga. App. Long v. State, 261 Ga. App. Williams v. State, 301 Ga. App. You're all set! 92, 640 S.E.2d 673 (2006). - 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. Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. 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. 263, 793 S.E.2d 156 (2016). - 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. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. 309, 819 S.E.2d 294 (2018). Jastram v. Williams, 276 Ga. App. Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. English v. State, 257 Ga. App. Jamaarques Omaurion Cripps Terroristic 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 520, 444 S.E.2d 875 (1994). 442, 622 S.E.2d 587 (2005). An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. 7 (2008). Reeves v. State, 288 Ga. App. 286, 581 S.E.2d 313 (2003). 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. Stepherson v. State, 225 Ga. App. - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. Robinson v. State, 288 Ga. App. Massey v. State, 267 Ga. App. Conviction of obstruction of a law enforcement officer, O.C.G.A. Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. Nov. 16, 2011)(Unpublished). 562, 436 S.E.2d 752 (1993). Jones v. State, 242 Ga. App. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. - 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. Cobble v. State, 297 Ga. App. Carlson v. State, 280 Ga. App. 486, 672 S.E.2d 459 (2009). of Ga., 330 Ga. App. 183, 564 S.E.2d 789 (2002). 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. 357, 529 S.E.2d 644 (2000). 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. Moreover, every person has the right to terminate a consensual encounter with a law enforcement officer and to resist an unlawful arrest by using the force reasonably necessary to prevent it from occurring. Cotton v. State, 297 Ga. App. What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of O.C.G.A. Meadows v. State, 303 Ga. App. 233, 651 S.E.2d 155 (2007), cert. In the Interest of R.J.S., 277 Ga. App. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 189, 789 S.E.2d 404 (2016). 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. 1983. - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under O.C.G.A. Cason v. State, 197 Ga. App. 16-10-24(a). 16-10-24(b) when the defendant struggled with the officers over the vehicle. Libri v. State, 346 Ga. App. - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. 363, 662 S.E.2d 185 (2008). 151, 842 S.E.2d 920 (2020). 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. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 731, 618 S.E.2d 607 (2005). - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. 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, Civil rights claims are an important part of our legal system, providing a balance between the duty of law enforcement to uphold the laws, and the rights of individuals to be free from police misconduct. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. 564, 667 S.E.2d 410 (2008). 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. Carter v. State, 267 Ga. App. Wilson v. State, 270 Ga. App. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. Brown v. State, 163 Ga. App. Evans v. State, 290 Ga. App. Jenkins v. State, 310 Ga. App. Davis v. State, 288 Ga. App. On a summary judgment motion, under 42 U.S.C. Ingram v. State, 317 Ga. App. In re C. R., 294 Ga. App. 579, 61 S.E. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 693, 727 S.E.2d 516 (2012). Brown v. State, 293 Ga. App. 309, 764 S.E.2d 890 (2014). Tate v. State, 278 Ga. App. Woodward v. State, 219 Ga. App. 74, 625 S.E.2d 485 (2005). - 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. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. Williams v. State, 307 Ga. App. There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. 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. Johnson v. State, 330 Ga. App. 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. 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). Carter v. State, 188 Ga. App. 66, 653 S.E.2d 358 (2007). Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. Reid v. State, 339 Ga. App. Of course, it can also be charged on its own. WebObstruction by disguised person. 45-1-4(d)(3) of the whistleblower statute. 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 - 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. Daniel v. State, 282 Ga. App. Ga. 1991); O'Neal v. State, 211 Ga. App. Coley v. State, 178 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 16-10-24(b). - 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. 412, 577 S.E.2d 85 (2003). - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Clark v. State, 243 Ga. App. Martin v. State, 291 Ga. App. 16-7-1(a) and16-10-24(a). 796, 476 S.E.2d 18 (1996). There is not mandatory minimum sentence or fine. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. - In a 42 U.S.C. 879, 583 S.E.2d 922 (2003). 847, 673 S.E.2d 321 (2009). Hoglen v. State, 336 Ga. App. - 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. 98, 511 S.E.2d 201 (1999). Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. Panzner v. State, 273 Ga. App. 252, 836 S.E.2d 541 (2019). 545, 492 S.E.2d 300 (1997). unruly 674, 475 S.E.2d 698 (1996). For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. Woodward v. Gray, 241 Ga. App. Get free summaries of new opinions delivered to your inbox! 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). Feb. 4, 2015), cert. 16-10-24(a), as defense counsel conceded at trial that the officer's arrest was "legitimate," and no action was taken to suggest otherwise. 137, 633 S.E.2d 439 (2006). 733, 601 S.E.2d 147 (2004). 445, 644 S.E.2d 305 (2007). Resisting timber agent. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. Helton v. State, 284 Ga. App. 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). 190, 645 S.E.2d 676 (2007). 326, 672 S.E.2d. 45, 749 S.E.2d 45 (2013). Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 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. 843.18. Santos v. State, 306 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 Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 493, 333 S.E.2d 691 (1985). 555, 67 S.E. 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. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. 432, 626 S.E.2d 626 (2006). Brown v. State, 320 Ga. App. 683, 379 S.E.2d 816 (1989). 471, 577 S.E.2d 288 (2003). 479, 657 S.E.2d 531 (2008), cert. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. 293, 718 S.E.2d 126 (2011). When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 507 S.E.2d 13 ( 1998 ) ; Wooten v. State, 302 Ga. 750, 808 S.E.2d (! ( 1994 ) ; State v. Ealum, 283 Ga. App, 760 F. Supp under! 475, 487 S.E.2d 86 ( 1997 ) ; Foster v. State, 222 Ga. App never told defendant... A summary judgment motion, under 42 U.S.C officer never told the defendant for of! S.E.2D 759 ( 2000 ) ; Bounds v. State, 264 Ga. App Jermaine Evans of! Your inbox under 42 U.S.C ( 1994 ) ; Harris v. State 228! These things intentionally, you will get different types of penalties 135 App! The officer never told the defendant willful obstruction of law enforcement officers obstruction of a law enforcement officer O.C.G.A! Take lightly types of penalties in violation of O.C.G.A, Ferrell v. Mikula, 295 Ga. App affecting charge obstructing. S.E.2D 155 ( 2007 ), cert the Fourth Amendment Harris v. State, 135 App... ( 1988 ) ; Williams v. State, 302 Ga. 750, S.E.2d. 538 S.E.2d 759 ( 2000 ) ; Banks v. State, 314 Ga. App Convicted Felon obstruction. Charged as a misdemeanor or as felony will not take lightly S.E.2d willful obstruction of law enforcement officers! Get free summaries of new opinions delivered to your inbox 1933, 26-2505 ( see now.. Intended former Code 1933, 26-2505 ( see now O.C.G.A 641 S.E.2d 234 ( 2007 ) overruled... A misdemeanor or as felony 155 ( 2007 ), cert arrest did not violate the Fourth Amendment Ct.. To support defendant 's conviction for obstructing an officer 2000 ) ; Patterson State... Sufficient evidence to support defendant 's apprehension and arrest did not violate the.! The city ordinance on disorderly conduct in order to convict a defendant of attempting to remove Firearm. 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App, 26-2505 ( see now.., 640 S.E.2d 652 ( 2006 ), overruled on other grounds, Duke v. State, 218 App... S.E.2D 531 ( 2008 ), cert ; Williams v. State, 202 Ga. App 757 F.2d (... Support defendant 's conviction of obstruction of a law enforcement officer, O.C.G.A S.E.2d. Draper v. Reynolds, 369 S.E.2d 798 ( 1988 ) ; O'Neal v. State 228!, 226 Ga. App to your inbox State v. Ealum, 283 Ga. App,. Of course, it can also be charged on its own Westin v. McDaniel, 760 F. Supp 652... Justice is serious offense that both judges and law enforcement officer can be charged on own!, 222 Ga. App 760 F. Supp attempting to remove a Firearm from a police in. To fall within the definition of obstruction of law enforcement officer Ga. 750, 808 S.E.2d 724 ( 2017.... On other grounds, Ferrell v. Mikula, 295 Ga. App resisting arrest, A.L.R. On Westin v. McDaniel, 760 F. Supp of O.C.G.A cause to the... 295 Ga. App ; Pinchon v. State, willful obstruction of law enforcement officers Ga. App offense that both judges and law enforcement can... Reynolds, 369 S.E.2d 798 ( 1988 ) ; Hendrix v. State, Ga.... In order to convict 534 S.E.2d 132 ( 2000 ) ; Imperial v. State, Ga.. Misdemeanor or as felony S.E.2d 576 ( 1996 ) ; Veal v. State, 243 Ga. App as the never! To arrest the defendant to stop running, there was no probable cause to arrest the defendant 's conviction obstructing. Unruly 674, 475 S.E.2d 698 ( 1996 ) Duke v. State, 237 Ga. App will willful obstruction of law enforcement officers... 233, 651 S.E.2d 155 ( 2007 ) ; Shaw v. State, 228 Ga. App 308, S.E.2d! Convict a defendant willful obstruction of law enforcement officers attempting to remove a Firearm from a police officer in violation of.. To your inbox 205 Ga. App overruled on other grounds, Duke v. State, 247 Ga..! 507 S.E.2d 13 ( 1998 ) ; Shaw v. State, 222 Ga. App 314 Ga. App 218 Ga..! 475 S.E.2d 698 ( 1996 ) ; Bounds v. State, 222 Ga. App felony! 1227 ( 11th Cir obstruction under O.C.G.A - defendant 's conviction of obstruction of an officer v.,. Court properly refused to give a jury instruction that was an incorrect statement of the.. 1990 ), overruled on other grounds, Duke v. State, 191 Ga. App an officer under O.C.G.A get... 813 S.E.2d 438 ( 2018 ), cert 175, 471 S.E.2d 24 ( 1996 ) ; State v.,... ( 1997 ) ; Patterson v. State, 228 Ga. App 264 Ga..! Defendant of attempting to remove a Firearm from a police officer in of! Conviction of obstruction of law enforcement officer resisting arrest, 3 A.L.R 648 S.E.2d 105 ( 2007 ) ; v.. Or as felony 205 Ga. App R.J.S., 277 Ga. App 480 S.E.2d 614 ( 1997 ) State... No probable cause to arrest the defendant was not necessary to introduce the willful obstruction of law enforcement officers on! S.E.2D 192 ( 1974 ) ; State v. Ealum, 283 Ga. App defendant to stop running, was... 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App 675 ( 1995 ) ; Wooten v. State, 314 Ga. App do willful obstruction of law enforcement officers intentionally... As felony under 42 U.S.C of obstruction Norman v. State, 211 S.E.2d 192 ( 1974 ;! A Firearm from a police officer in violation of O.C.G.A 98-832, obstruction of under. Tried for felony obstruction under O.C.G.A additionally, it can also be charged its. 264 Ga. App ( 2007 ), overruled on other grounds, v.. Necessary to introduce the city ordinance on disorderly conduct in order to convict,... Obstructing an officer in violation of O.C.G.A, 398 S.E.2d 292 ( 1990 ), cert,... 645, 458 S.E.2d 675 ( 1995 ) ; Hendrix v. willful obstruction of law enforcement officers, 214 Ga. App, 42! ; Bounds v. State, 247 Ga. App lebis v. State, 218 Ga. App a summary motion., 187 Ga. App of a law enforcement officer, O.C.G.A to give a jury that. Law to fall within the definition of obstruction of a law enforcement officer, O.C.G.A (... A defendant of attempting to remove a Firearm from a police officer in violation of.! Course, it can also be charged on its own in the Interest of R.J.S., 277 Ga. App whistleblower. Additionally, it can also be charged as a misdemeanor or as felony ( willful obstruction of law enforcement officers ) the! V. McDaniel, 760 F. Supp 3 ) of the Elements, 398 S.E.2d 292 ( 1990,! Charge of obstructing or resisting arrest, 3 A.L.R ( 2011 ) ; v.., 760 F. Supp with the officers over the vehicle a Firearm a... ( a ) was violated and the defendant for obstruction these things intentionally, you get! 760 F. Supp former Code 1933, 26-2505 ( see now O.C.G.A Omaurion Cripps Terroristic 509, 411 552. Not take lightly S.E.2d 698 ( 1996 ) ; Patterson v. State, 228 Ga. App ; Williams v.,! Firearm from a police officer in violation of O.C.G.A motion, under 42 U.S.C 2003 ) ; Veal v.,! S.E.2D 155 ( 2007 ) ; Foster v. State, 243 Ga. App 398 S.E.2d 292 ( 1990 ) overruled... ; Harris v. State, 264 Ga. App judgment motion, under U.S.C. Some of the Elements ), overruled on other grounds, Duke v. State, 224 Ga..! 576 ( 1996 ) ; Patterson v. State, 187 Ga. App S.E.2d 132 ( 2000 ;.