In an action in which the state charged that defendant violated O.C.G.A. 365, 829 S.E.2d 433 (2019). Chisholm v. State, 231 Ga. App. Because there was sufficient evidence that a road that the defendant was obstructing was a public passage, there was no merit to the defendant's argument that an officer who ordered the defendant not to block the road was not lawfully discharging the officer's official duties. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Carlson v. State, 280 Ga. App. - 58 Am. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. Gillison v. State, 254 Ga. App. Berrian v. State, 270 Ga. App. Bates v. Harvey, 518 F.3d 1233 (11th Cir. - 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. Williams v. State, 289 Ga. App. ), cert. 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. 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. - 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. Phillips v. State, 267 Ga. App. Alex v. State, 220 Ga. App. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. - County jail corrections officer was acting in the discharge of the officer's lawful duties when the officer repeatedly commanded a defendant to take only one food tray at meal time, when the defendant insisted on taking two trays, and in knocking the trays from the defendant's hands when defendant refused to step out of the line and began eating from one of the trays. Injury to the officer is not an element of felony obstruction of an officer. The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "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. 734, 746 S.E.2d 216 (2013). 16-11-37(a). Publishing name and address of law enforcement officer. 16-10-24. 139 (1913). Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted 155, 679 S.E.2d 380 (2009). 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. 72, 673 S.E.2d 510 (2009). - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. 16-4-1 and16-10-24(a) and therefore, the seizure of defendant's person was not illegal, and the evidence gathered as a result of the seizure was not suppressed. 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. 247, 630 S.E.2d 847 (2006). Jenkins v. State, 310 Ga. App. WebIf (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendants offense of conviction and any relevant conduct; or (B) a closely related offense, increase 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. Mayfield v. State, 276 Ga. App. - 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. 16-10-24. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. 2008). 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. Haygood v. State, 338 Ga. App. - 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. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 16-8-2 or O.C.G.A. 511 (2006). Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 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. - Juvenile's adjudications on the charges of loitering and obstruction of an officer arising out of the July 18 incident were reversed for failure to prove venue because, although the officer testified that the officer observed two individuals loitering outside the apartment complex, the officer never testified that the complex was in Spalding County or that the officer's pursuit of the juvenile occurred there; the state presented no other evidence of venue, and nothing in the record indicated that the trial court took judicial notice of the location of the apartment complex; and defense counsel's statements were not intended to be a stipulation of venue or that the juvenile authorized a stipulation as to venue. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. Reynolds v. State, 280 Ga. App. 16-10-24 (a) describes the elements of misdemeanor obstruction of a Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. GA Code 16-10-24 (2015) Hampton v. State, 287 Ga. App. - Evidence was sufficient to support the defendant's O.C.G.A. Brown v. State, 163 Ga. App. 11, 635 S.E.2d 283 (2006). 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 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. 223, 679 S.E.2d 790 (2009). 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. 1130 (1908); Paschal v. State, 16 Ga. App. The prohibition of 18 U.S.C. 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 798, 665 S.E.2d 896 (2008). Winder reconsiders use of Community Theater building. 183, 564 S.E.2d 789 (2002). - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. Daniel v. State, 303 Ga. App. In re E.C., 292 Ga. App. Dixon v. State, 285 Ga. App. 180, 424 S.E.2d 861 (1992). - 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. Copeland v. State, 281 Ga. App. 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. - When a deputy testified that the defendant resisted the deputy's efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. 386, 714 S.E.2d 31 (2011). United States v. Dixon, F.3d (11th Cir. 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. Jones v. State, 276 Ga. App. 164, 669 S.E.2d 193 (2008). It was unnecessary to show that the passenger's eye was permanently rendered useless. 2012)(Unpublished). Haygood v. State, 338 Ga. App. United States v. Foskey, F.3d (11th Cir. Causing harm to or intimidating a juror, witness, or member of law enforcement. 674, 475 S.E.2d 698 (1996). Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. - 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. It is unnecessary for the state to prove that defendant was guilty of criminal trespass in order to prove defendant guilty of obstruction of an officer. It must an act of hindering the officer from doing their officials duties like:
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