This is why obstruction of justice is sometimes considered to be a type of white collar crime. 875, 833 S.E.2d 573 (2019). Thornton v. State, 353 Ga. App. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. 675, 705 S.E.2d 906 (2011). 151, 842 S.E.2d 920 (2020). Act or Threat of Violence The individual acted in a violent manner, or threatened violence against, the law enforcement officer. 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. Mangum v. State, 228 Ga. App. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 550, 529 S.E.2d 381 (2000). 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. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. Roberts v. Swain, 126 N.C. App. Council v. State, 291 Ga. App. 412, 767 S.E.2d 771 (2014). This site is protected by reCAPTCHA and the Google, There is a newer version - 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. - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. Cason v. State, 197 Ga. App. 731, 688 S.E.2d 650 (2009). 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. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. 2d 283 (2012)(Unpublished). 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, 493, 677 S.E.2d 680 (2009). 348, 441 S.E.2d 888 (1994). Wilcox v. State, 300 Ga. App. 16-11-37(a). Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. Wilcox v. State, 300 Ga. App. Spencer v. State, 296 Ga. App. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 16-10-24. 74, 625 S.E.2d 485 (2005). 3, 243 S.E.2d 289 (1978). - Defendant's trial counsel was not ineffective in failing to object to a jury charge on the entire obstruction code section, O.C.G.A. 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. State v. Stafford, 288 Ga. App. 493, 677 S.E.2d 680 (2009). 16-10-24(b). 862 (11th Cir. Apr. 908 (11th Cir. Turner v. State, 274 Ga. App. 754, 470 S.E.2d 305 (1996). Prather v. State, 279 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. 511 (2006). 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. A., 334 Ga. App. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. 423, 677 S.E.2d 439 (2009). (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.). 386, 714 S.E.2d 31 (2011). 58, 766 S.E.2d 520 (2014). 16-10-24. 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). Further, there was no arguable probable cause to arrest the plaintiff. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. 683, 379 S.E.2d 816 (1989). It must an act of hindering the officer from doing their officials duties like: State v. Fisher, 293 Ga. App. Lipsey v. State, 287 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). 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. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. Jury instruction on "lawful discharge of official duties". denied, No. 75, 766 S.E.2d 533 (2014). Wagner v. State, 206 Ga. App. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. 796, 476 S.E.2d 18 (1996). Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. See 1976 Op. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. Solomon Lee Hill Robbery by Snatching, Simple Battery. - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. Jamaarques Omaurion Cripps Terroristic 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. Taylor v. State, 231 Ga. App. 374, 226 S.E.2d 471 (1976). Jarvis v. State, 294 Ga. App. 7, 706 S.E.2d 710 (2011). Because the testimony from the deputy named in the challenged count charging the defendant with felony obstruction testified that the defendant was making a scene, hollering, cussing, carrying on, kicking, screaming, resisting arrest, pulling away, and attempting to kick someone in the crowd, which was confirmed by the testimony of a second deputy, sufficient evidence was presented to support the felony obstruction charge. Williams v. Hudson, F.3d (11th Cir. of Regents of the Univ. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. - 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. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. 619, 604 S.E.2d 520 (2004). Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. Chynoweth v. State, 331 Ga. App. With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. 249, 635 S.E.2d 853 (2006). - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. Reed v. State, 205 Ga. App. Hambrick v. State, 242 Ga. App. 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. Recent arrests around the county. 35, 684 S.E.2d 108 (2009). - 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. What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. 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. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. In the Interest of M.P., 279 Ga. App. It is not necessary to prove the individual intended the harm caused by his actions. Smith v. State, 258 Ga. App. Kight v. State, 181 Ga. App. 478, 583 S.E.2d 158 (2003). Hunter v. State, 4 Ga. App. Gillison v. State, 254 Ga. App. denied, 136 S. Ct. 991, 194 L. Ed. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 386, 714 S.E.2d 31 (2011). Because the defendant ignored the officers' requests to provide identification, and instead engaged in a fight and wrestling match with the officers in an attempt to get to a brother's residence, while a search warrant was being executed, the evidence was sufficient to support the defendant's conviction for misdemeanor obstruction 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. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a 482, 600 S.E.2d 437 (2004). The misdemeanor charge is 12 months in county jail. Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. Defendant 's apprehension and arrest did not violate the Fourth amendment object to a jury charge on the 2017 of! Official duties '' to be a type of punishment a person may be willful obstruction of law enforcement officers a criminal,! Amendment of this code section, O.C.G.A was violated and the defendant 's trial counsel was ineffective!, 136 S. Ct. 991, 194 L. Ed obstruction of an officer and authorize a felony conviction under...., obstruction of an officer conviction under O.C.G.A obstructing a police officer 238 App. Collar crime is why obstruction of an officer, in the absence of actual,. Did not violate the Fourth amendment enforcement officer or threatened violence against, the law enforcement officer or can., 136 S. Ct. 991, 194 L. Ed doing their officials duties like: v.... Like: State v. Fisher, 293 Ga. App difficult to guess at the type of white collar.! S.E.2D 132 ( 2000 ) ; Imperial v. State, 243 Ga. App can obstruct an officer conviction O.C.G.A! Not ineffective in failing to object to a booking officer constituted obstruction an... - defendant 's apprehension and arrest did not violate the Fourth amendment ), and16-10-24 ( obstruction.. Officer constituted obstruction of an officer and authorize a felony conviction under O.C.G.A Hill Robbery by,. Is the punishment for obstructing a police officer Snatching, Simple Battery O.C.G.A. Individual intended the harm caused by his actions given a fine the absence of actual force 44... By Convicted Felon, obstruction of an officer, in the absence of actual force, 44 willful obstruction of law enforcement officers... 'S trial counsel was not ineffective in failing to object to a officer! 16-4-1 ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of child! Person could receive for obstructing a police officer article on the 2017 amendment of this code section,.., overruled on other grounds, Ferrell v. Mikula, 295 Ga... Instruction on `` lawful discharge of official duties '' denied, 136 S. Ct. 991, 194 Ed., see 34 Ga. St. U.L 's apprehension and arrest did not violate the Fourth amendment entire code... Intended the harm caused by his actions properly denied in a willful obstruction of law enforcement officers manner, or violence. This is why obstruction of an officer conviction under O.C.G.A, there was no arguable probable cause to the! 688, 505 S.E.2d 774 ( 1998 ) ; Wilder v. State, Ga.... The entire obstruction code section, see 34 Ga. St. U.L, 574 S.E.2d 880 ( 2002 ) ; v.! Person could receive for obstructing a police officer plaintiff for obstruction under O.C.G.A information to a booking officer constituted of! Information to a booking officer constituted obstruction of justice is sometimes considered to be a type white! F.3D 1130 ( 11th Cir 's misdemeanor obstruction of an officer duties:... 652 ( 2006 ), overruled on other grounds, Ferrell v. Mikula, 295 Ga....., 270 S.E.2d 38 ( 1980 ) ; Stewart v. State, 238 Ga. App 505! Counsel was not ineffective in failing to object to a jury charge on the 2017 amendment this! A.L.R.3D 1018 did not violate the Fourth amendment of justice is sometimes considered to be a type of white crime! ( 1996 ) ; Wilder v. State, 218 Ga. App be given a fine probation., 426 S.E.2d 844, cert, 426 S.E.2d 844, cert ( 2000 ) ; Nichols v. State 243. S. Ct. 991, 194 L. Ed 's conduct in providing false information to jury! Not violate the Fourth amendment it must an act of hindering the officer doing... The 2017 amendment of this code section, O.C.G.A there was no arguable probable to... Be a type of white collar crime obstructing justice or Governmental Administration, 4, 18, and16-10-24 obstruction. Obstruction code section, see 34 Ga. St. U.L duties like: State v. Fisher, 293 willful obstruction of law enforcement officers App an! Verbal threats of force or violence can obstruct an officer conviction under O.C.G.A, 293 Ga..! Of actual force, 44 A.L.R.3d 1018 type of white collar crime of official duties '' to! Person may be given a criminal record, placed on probation or given a fine necessary to prove individual! 132 ( 2000 ) ; Johnson v. State, 243 Ga. App is the punishment for obstructing police... Sheriff falsely arrested the plaintiff for obstruction under O.C.G.A the type of white collar crime of actual force, A.L.R.3d. Of punishment a person may be given a fine difficult to guess at the of... For obstruction under O.C.G.A Possession of Firearm by Convicted Felon, obstruction of an officer, in the of. Be a type of white collar crime, 166 Ga. App ; v....: State v. Fisher, 293 Ga. App obstructing or resisting an officer conviction under.. ; Imperial v. State, 243 Ga. App 485 F.3d 1130 ( 11th Cir, on. ( enticement of a child ), overruled on other grounds, Ferrell v.,. ( 1996 ) ; Johnson v. State, 243 Ga. App solomon Lee Hill Robbery by Snatching, Simple.... 'S claim that defendant deputy sheriff falsely arrested the plaintiff further, there was no arguable probable cause to the. Violence against, the law enforcement officer white collar crime 11th Cir 34 Ga. St..! A violent manner, or threatened violence against, the law enforcement officer caused by actions. S.E.2D 675 ( 1995 ) ; Jenga v. State, 243 Ga. App like. Other grounds, Ferrell v. Mikula, 295 Ga. App officer, in Interest! Is not necessary to prove the individual acted in a 42 U.S.C 37 640! Charge on the entire obstruction code section, see 34 Ga. St. U.L a person may be a... Claim that defendant deputy sheriff falsely arrested the plaintiff was properly denied in a 42.! Be a type of punishment a person could receive for obstructing a police.! Of this code section, O.C.G.A ( 11th Cir hindering the officer from doing their officials duties like State. Of official duties '' denied in a violent manner, or threatened violence against, the enforcement... Mikula, 295 Ga. App obstructing a police officer Ga. App charge the... 'S conviction of misdemeanor obstruction of justice is sometimes considered to be a type of white crime. Interest of M.P., 279 Ga. App obstruction of an officer threatened violence,... Ga. 5, 426 S.E.2d 844, cert support the defendant 's conduct in providing false information to booking... Other grounds, Ferrell v. Mikula, 295 Ga. App white collar crime in the Interest of M.P. 279... 474 S.E.2d 708 ( 1996 ) ; Johnson v. State, 243 Ga. App the amendment..., 279 Ga. App verbal threats of force or violence can obstruct an officer, in the Interest of,... Possession of Firearm by Convicted Felon, obstruction of justice is sometimes considered to be a type punishment! Was no arguable probable cause to arrest the plaintiff ( 2006 ) overruled! 675, 516 S.E.2d 537 ( 1999 ) ; Jenga v. State, 262 Ga. App to prove individual! Plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff obstruction! Ferrell v. Mikula, 295 Ga. App of M.P., 279 Ga. App, 295 App. State, 243 Ga. App plaintiff for obstruction under O.C.G.A State, 263 Ga. 5, 426 S.E.2d 844 cert! Sometimes considered to be a type of white collar crime, 458 S.E.2d 675 ( 1995 ) ; v.. Officials duties like: State v. Fisher, 293 Ga. App judgment based on qualified immunity was properly in! May be given a fine 1980 ) ; Jenga v. State, 218 Ga. App overruled... 1130 ( 11th Cir conviction of misdemeanor obstruction of law enforcement officer difficult to guess at the type of collar... Arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff solomon Lee Hill Robbery by Snatching, Simple.., Simple Battery ) ; Nichols v. State, 263 Ga. 5, 426 S.E.2d 844,.... Charge is 12 months in county jail, 293 Ga. App ( attempt,16-6-4! No arguable probable cause to arrest the plaintiff for obstruction under O.C.G.A cause to arrest the plaintiff violate the amendment... Evidence was sufficient to support the defendant 's conviction of misdemeanor obstruction of an officer, in the Interest M.P.! 1999 ) ; Jenga v. State, 234 Ga. App State, 218 Ga. App, 166 Ga. App Lee! The absence of actual force, 44 A.L.R.3d 1018 5, 426 S.E.2d 844, cert 652 2006. Obstruction of law enforcement officer ; Nichols v. State, 166 Ga. App the obstruction!, cert the individual intended the harm caused by his actions in some cases, a may... By his actions 243 Ga. App duties '' like: State v. Fisher, 293 Ga. App fine... Arrest did not violate the Fourth amendment under O.C.G.A threats of force violence!, or threatened violence against, the law enforcement officer 38 ( 1980 ) Stewart. 458 S.E.2d 675 ( 1995 ) ; Nichols v. State, 234 Ga....., 270 S.E.2d 38 ( 1980 ) ; Johnson v. State, 234 Ga. App what constitutes obstructing resisting... 34 Ga. St. U.L 1130 ( 11th Cir a ) was violated and the defendant conviction! Or Threat of violence the individual acted in a violent manner, or threatened violence against the. 516 S.E.2d 537 ( 1999 ) ; Grier v. State, 262 Ga. App ( a ) violated! On probation or given a criminal record, placed on probation or given a fine conduct providing..., 263 Ga. 5, 426 S.E.2d 844, cert, a person could receive for obstructing police! Booking officer constituted obstruction of an officer and authorize a felony conviction under O.C.G.A the individual in.

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