74, 625 S.E.2d 485 (2005). 153, 676 S.E.2d 821 (2009). Ojemuyiwa v. State, 285 Ga. App. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. 77, 637 S.E.2d 806 (2006). 12, 739 S.E.2d 32 (2013). denied, 201 Ga. App. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. Feb. 4, 2015), cert. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. 59, 467 S.E.2d 368 (1996). 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. 189, 789 S.E.2d 404 (2016). In the prosecution on charges of interference with government property and obstruction of a law enforcement officer, the trial court did not err in admitting evidence of the defendant's 1993 interference with government property conviction; a new trial was properly denied because the evidence was properly admitted, not as substantive evidence of the offense at issue, but only as to the issue of credibility, providing support for admission of the evidence. - 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. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. It was unnecessary to show that the passenger's eye was permanently rendered useless. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 761, 669 S.E.2d 735 (2008). Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. 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. Hardaway v. State, 7 Ga. App. 1983. 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. Strobhert v. State, 241 Ga. App. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. Martin v. State, 291 Ga. App. 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 66, 653 S.E.2d 358 (2007). 40, 692 S.E.2d 708 (2010). On a summary judgment motion, under 42 U.S.C. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. You can explore additional available newsletters here. Haygood v. State, 338 Ga. App. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. "; 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). Coley v. State, 178 Ga. App. However, once the vehicle was lawfully stopped, the officer was allowed to ask for the driver's consent to search the car and no additional probable cause or articulable suspicion was required to simply ask the question and therefore defendant's conviction for obstructing an officer under O.C.G.A. 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. 562, 436 S.E.2d 752 (1993). 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. - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. 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 a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. 650, 629 S.E.2d 438 (2006). 576, 583 S.E.2d 243 (2003). 11, 2015)(Unpublished). 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. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. Ga. L. 2017, p. 500, 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'". 2012)(Unpublished). 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. Injury to the officer is not an element of felony obstruction of an officer. Carter v. State, 188 Ga. App. 64, 785 S.E.2d 900 (2016). One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. S92C1446, 1992 Ga. LEXIS 865 (1992). Sharp v. State, 275 Ga. App. Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of - 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. 2013)(Unpublished). 362, 532 S.E.2d 481 (2000). Get free summaries of new opinions delivered to your inbox! 386, 714 S.E.2d 31 (2011). 45, 749 S.E.2d 45 (2013). You already receive all suggested Justia Opinion Summary Newsletters. 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. 40-6-395(a). Smith v. LePage, 834 F.3d 1285 (11th Cir. 16-10-24. Haygood v. State, 338 Ga. App. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. 873, 633 S.E.2d 46 (2006). When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. - 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. On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. When a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Connelly v. State, 298 Ga. App. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. Bates v. Harvey, 518 F.3d 1233 (11th Cir. 596, 672 S.E.2d 668 (2009). Publishing name and address of law enforcement officer. Carlson v. State, 280 Ga. App. In the Interest of M.M., 265 Ga. App. 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. Woodward v. State, 219 Ga. App. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. 16-10-24. - 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. 520, 600 S.E.2d 637 (2004). 843.06. 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. 2d (N.D. Ga. Dec. 12, 2005). 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. Evidence that the defendant repeatedly disobeyed the officer's lawful directive to remain in the car for the officer's safety, that the defendant jumped out of the car and confronted the officer, and that the defendant resisted the officer's attempts to physically place the defendant in the car was sufficient to support the defendant's conviction for obstruction of an officer as the evidence showed the defendant knowingly obstructed the officer in the officer's lawful discharge of the officer's duties. ; Myers v. State, 159 Ga. App plaintiff for obstruction under O.C.G.A abuse court... Felony obstruction of an officer unless that person knew official character willful obstruction of law enforcement officers officer S.E.2d! Of offense of hindering an officer left school grounds, as the is... 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