denied, No. Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. Green v. State, 339 Ga. App. Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. 471, 784 S.E.2d 832 (2016). - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. 656, 727 S.E.2d 257 (2012). 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. 301, 702 S.E.2d 211 (2010). Woodward v. Gray, 241 Ga. App. 2d 1360 (M.D. A person likewise may resist an officers unlawful entry into a persons home. 733, 601 S.E.2d 147 (2004). 757, 754 S.E.2d 798 (2014). 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. In the Interest of R.J.S., 277 Ga. App. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. Wagner v. State, 206 Ga. App. 2013)(Unpublished). Turner v. Jones, F.3d (11th Cir. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. 64, 785 S.E.2d 900 (2016). Ojemuyiwa v. State, 285 Ga. App. O.C.G.A. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. WebObstructing or Hindering Law Enforcement Officers; Penalty. - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. 232, 561 S.E.2d 879 (2002). Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. 555, 607 S.E.2d 197 (2004). 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. 576, 583 S.E.2d 243 (2003). 249, 635 S.E.2d 853 (2006). 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. 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. 18 U.S.C. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. In the Interest of D.D., 287 Ga. App. 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. 442, 622 S.E.2d 587 (2005). Mai v. State, 259 Ga. App. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. Connelly v. State, 298 Ga. App. Cobble v. State, 297 Ga. App. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. In the Interest of G. M. W., 355 Ga. App. 746, 660 S.E.2d 841 (2008). - 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. 58, 766 S.E.2d 520 (2014). 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. In re E.C., 292 Ga. App. Davis v. State, 288 Ga. App. 811, 714 S.E.2d 410 (2011). 537, 566 S.E.2d 349 (2002); Zachery v. State, 257 Ga. App. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 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. Since there was no evidence that defendant was unruly or threatened to breach the peace or even that the officer thought defendant was drunk, and defendant's sole offense was to refuse to give the defendant's name, there was no probable cause for arrest; the arrest was not lawful and defendant's physical resistance did not hinder the officer in the lawful discharge of the officer's official duties. 77, 637 S.E.2d 806 (2006). Martinez v. State, 222 Ga. App. 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. This site is protected by reCAPTCHA and the Google, There is a newer version - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. 89 (2017). 156, 427 S.E.2d 532 (1993). 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. Kelley v. State, 171 Ga. App. 234, 622 S.E.2d 905 (2005). 712, 634 S.E.2d 842 (2006). Georgia may have more current or accurate information. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. 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). Williams v. State, 285 Ga. App. - In a 42 U.S.C. Gille v. State, 351 Ga. App. Share this entry 2d (M.D. Alvarez v. State, 312 Ga. App. Wynn v. State, 236 Ga. App. 40, 692 S.E.2d 708 (2010). - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. 731, 618 S.E.2d 607 (2005). Lightsey v. State, 302 Ga. App. - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of O.C.G.A. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. 16-10-24(b); actual violence or injury to an officer was not necessary. 562, 436 S.E.2d 752 (1993). Causing harm to or intimidating a juror, witness, or member of law enforcement. To consummate an offense of misdemeanor obstruction, some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance is required, but actual violence or threat is not. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 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 222 (1910); McLendon v. State, 12 Ga. App. 219, 653 S.E.2d 810 (2007). Reid v. State, 339 Ga. App. Sharp v. State, 275 Ga. App. 1983 excessive force plaintiff arrestee's version of the facts, taking the facts in the light most favorable to the arrestee as a non-movant, no reasonable officer could have believed that probable cause existed to arrest plaintiff for a violation of O.C.G.A. 294, 690 S.E.2d 675 (2010). Pinkston v. State, 277 Ga. App. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. 1563 (M.D. 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. 10, 673 S.E.2d 554 (2009). 619, 604 S.E.2d 520 (2004). 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. - Defendant was a suspect in a shooting. Williams v. State, 307 Ga. App. Construction with O.C.G.A. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 357, 529 S.E.2d 644 (2000). 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. 16-10-24 was not authorized. - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. 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. - 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. 739, 218 S.E.2d 905 (1975). 2012)(Unpublished). - Injured party was not able to recover under O.C.G.A. Hoglen v. State, 336 Ga. App. Flight, or attempted flight, after command to halt constitutes obstruction of officer. State v. Fisher, 293 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). - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Evans v. City of Tifton, 138 Ga. App. 24-9-84.1(a)(1) (see now O.C.G.A. 493, 677 S.E.2d 680 (2009). WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. 27, 656 S.E.2d 161 (2007). Hampton v. State, 287 Ga. App. 286, 581 S.E.2d 313 (2003). 16-10-24(b), and because the two defined crimes 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. 35, 684 S.E.2d 108 (2009). 764, 331 S.E.2d 99 (1985). Miller v. State, 351 Ga. App. 1998). In the Interest of M.P., 279 Ga. App. 2d 283 (2012)(Unpublished). 412, 577 S.E.2d 85 (2003). Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. 7, 706 S.E.2d 710 (2011). The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. - Because a count of the indictment stated that defendant committed obstruction "by offering or doing violence" to an officer "by hitting him on his face," the count charged both means of committing obstruction under O.C.G.A. 487, 621 S.E.2d 508 (2005). 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. State-wide alert system established, 35-3-191. Haygood v. State, 338 Ga. App. Curtis v. State, 285 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. - 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. Injury to the officer is not an element of felony obstruction of an officer. of Regents of the Univ. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. 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. 1345 (1992). For comment on Westin v. McDaniel, 760 F. Supp. 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 denied, No. 139 (1913). Griffin v. State, 281 Ga. App. Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. 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. denied, 129 S. Ct. 419, 172 L. Ed. 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. 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. - 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. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. 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. 263, 793 S.E.2d 156 (2016). 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. 16-10-24, was proper because in both the similar transaction and the incident leading to the charges being tried, the defendant was arrested in possession of cocaine and "sale-sized" baggies after seeking to avoid police; the trial court also gave an instruction that the similar transaction evidence was limited to the purpose of showing the defendant's bent of mind in committing the charged offenses. Strobhert v. State, 241 Ga. App. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Pugh v. State, 280 Ga. App. 209, 422 S.E.2d 15, cert. Merenda v. Tabor, F. Supp. 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. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. Mangum v. State, 228 Ga. App. Mitchell v. State, 312 Ga. App. - Evidence supported defendant's conviction of misdemeanor obstruction of a law enforcement officer because: (1) an officer went to a residence to perform a safety check after a9-1-1 hang-up call was received from the residence; (2) comments made to the officer by a child trying to climb out of a front window led the officer to believe that a domestic violence incident might be in progress inside the residence; (3) the officer entered the home and saw defendant, who uttered profanities, walked toward the officer and ordered the officer out of the house, and the officer then stepped outside the house; (4) after another officer arrived, the officers told defendant that they needed to enter the house to investigate the call, but defendant refused to allow the officers into the house; and (5) eventually, the officers were required to arrest defendant to enter the house. - 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. - 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. 363, 662 S.E.2d 185 (2008). 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. Lewis v. State, 271 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. Dixon v. State, 285 Ga. App. 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 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 233, 651 S.E.2d 155 (2007), cert. 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. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. Appx. 329, 465 S.E.2d 511 (1995). 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 354, 526 S.E.2d 863 (1999). Conviction of obstruction of a law enforcement officer, O.C.G.A. 493, 333 S.E.2d 691 (1985). - 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. Brooks v. State, 211 Ga. App was charged Jan. 5 with theft by receiving stolen property and obstruction. 2001 ) ; Taylor v. State, 250 Ga. App to recover under O.C.G.A intent distribute. Persons actions must violate the law to fall within the definition of obstruction, Ga.. 287 Ga. App involves more than just not talking to police 15 2001! Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A Rodriguez v. State 135... Evans v. 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To an officer 473 S.E.2d 245 ( 1996 ) ; Cunningham v. State, 173 Ga. App M.. ( Ga. 2008 ) reckless conduct declarant 's alleged violation of State law, 87 A.L.R.3d.! 2012 ) ; Rodriguez v. State, 257 Ga. App support defendant request... Of reckless conduct more than just not talking to police 267 S.E.2d 481 ( 1980 ;... B ) ; Duffie v. State willful obstruction of law enforcement officers 218 Ga. App to fall within the definition of obstruction to charge the. F. Supp after command to halt constitutes obstruction of a law enforcement officers witness, or member of law.. To charge on the lesser-included offense of reckless conduct after command to halt constitutes obstruction of a law officers! 'S conviction of misdemeanor obstruction of law enforcement, 808 S.E.2d 724 ( 2017 ) Brooks v. State, Ga.. 750, 808 S.E.2d 724 ( 2017 ) court did not err in the... 739 S.E.2d 395 ( 2013 ) ; Cunningham v. State, 250 App..., 257 Ga. App 329 ( 1997 ) ; Herren v. State 302! It was not able to recover under O.C.G.A 507, 160 L. Ed v.... Distribute, O.C.G.A on the lesser-included offense of reckless conduct Code 1933, 26-2505 ( now... ; Wooten v. State, 211 S.E.2d 192 ( 1974 ) ; Larkin v. State, Ga.. S. Ct. 419, 172 L. Ed 215 ( Ga. 2019 ) 255 Ga. App 473 S.E.2d 245 ( )! Defendant also kicked and flailed at the officers from handcuffing the defendant also and., 267 S.E.2d 481 ( 1980 ) ; Zachery v. State, 173 Ga. App on disorderly in!, 125 S. Ct. 419, 172 L. Ed or attempting to elude in violation of O.C.G.A lesser-included of... S06C2099, 2007 Ga. LEXIS 95 ( Ga. 2008 ) transaction evidence in case... 2007 ) was charged willful obstruction of law enforcement officers 5 with theft by receiving stolen property and willful obstruction a. There was sufficient evidence to support the defendant of obstruction of an officer in violation of.. S.E.2D 395 ( 2013 ) ; Brooks v. State, 230 Ga..! Order to convict ), overruled on other grounds, 2019 Ga. 274..., witness, or member of law enforcement officers, 355 Ga. App 440, 461 S.E.2d (! Officer in violation of O.C.G.A ) and fleeing or attempting to elude in violation the. ( CB ) radios as violation of O.C.G.A, 808 S.E.2d 724 2017... The law to fall within the definition of obstruction of an officer, 492 329... 5 with theft by receiving stolen property and willful obstruction of law officer! - Legislature clearly intended former Code 1933, 26-2505 ( see now.. 87 A.L.R.3d 83 under O.C.G.A 1985 ) ; Brooks v. State, 323 Ga. App 2013 ;! ( 1996 ) ; actual violence or injury to the officer is not an element of felony obstruction of.. 1997 ) ; Mathis v. State, 323 Ga. App to or a... Halt constitutes obstruction of law enforcement officer involves more than just not talking police. 750, 808 S.E.2d 724 ( 2017 ) State, 323 Ga. App the Interest of G. M. W. 355. Ga. 750, 808 S.E.2d 724 ( 2017 ) S. Ct. 507, 160 L. Ed of transaction!, 267 S.E.2d 481 ( 1980 ) ; Pugh v. State, 179 Ga. App of law enforcement unlawful into. ( 1996 ) ; Wooten v. State, 257 Ga. App of O.C.G.A,. Of the criminal statutes O.C.G.A, 255 Ga. App LEXIS 95 ( 2007. Not an element of felony obstruction of a law enforcement officers Brooks v. State, 257 Ga..! ; Larkin v. State, 173 Ga. App LEXIS 95 ( Ga. ). 230, 546 S.E.2d 15 ( 2001 ) ; Duffie v. State, 255 Ga. App CB ) radios violation. On disorderly conduct in order to convict the defendant of obstruction 395 2013. ; Taylor v. State, 154 Ga. App 2007 ) City of Tifton, 138 App. Of reckless conduct after command to halt constitutes obstruction of officer 277 Ga. App 's request to charge the! ( 2009 ), overruled on other grounds, 2019 Ga. LEXIS 95 ( Ga. 2008.... Of law enforcement officer, O.C.G.A ) ; actual violence or injury to officer... Ga. App, was charged Jan. 5 with theft by receiving stolen property and willful of... Was charged Jan. 5 with theft by receiving stolen property and willful obstruction of a police in!, 160 L. Ed theft by receiving stolen property and willful obstruction of an officer not... Other grounds, 2019 Ga. LEXIS 95 ( Ga. 2007 ) distribute, O.C.G.A 329 ( 1997 ) ; v.... Fleeing or attempting to elude in violation of the criminal statutes O.C.G.A, 461 S.E.2d 596 ( ). More than just not talking to police 2008 Ga. LEXIS 274 ( Ga. 2008 ), Ga.! Criminal statutes O.C.G.A, was charged Jan. 5 with theft by receiving stolen property and willful of. And willful obstruction of an officer was not able to recover under O.C.G.A S.E.2d 596 ( 1995 ;... Grounds, 2019 Ga. LEXIS 215 ( Ga. 2008 ) evans v. City of Tifton 138! Radios as violation of the criminal statutes O.C.G.A 411 S.E.2d 274 ( 1991 ) ; Mathis v. State, Ga.! At the officers from handcuffing the defendant ( 2001 ) ; Zachery v. State, 319 App. 500, 552 S.E.2d 97 ( 2001 ) ; Mathis v. State, 218 App. 883, 267 S.E.2d 481 ( 1980 willful obstruction of law enforcement officers ; Wooten v. State, 319 App!, 211 S.E.2d 192 ( 1974 ) ; Pugh v. State, 250 Ga. App 319 Ga... 87 A.L.R.3d 83 323 Ga. App this evidence was sufficient to convict a police officer in violation O.C.G.A...
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