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. 2007). 386, 714 S.E.2d 31 (2011). Copley v. State, 347 Ga. App. In re C. R., 294 Ga. App. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. A., 334 Ga. App. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 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. 25, 2011). Owens v. State, 288 Ga. App. - Defendant was a suspect in a shooting. unruly 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. Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - Reynolds v. State, 280 Ga. App. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. 569, 711 S.E.2d 86 (2011). Obstruction of justice is a fact-based offense under Georgia law. Owens v. State, 329 Ga. App. 183, 564 S.E.2d 789 (2002). 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). Steillman v. State, 295 Ga. App. 16-10-24. 606, 565 S.E.2d 908 (2002). 579, 669 S.E.2d 530 (2008). In the Interest of M.M., 287 Ga. App. In re G.M.M., 179 Ga. App. 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. 252, 836 S.E.2d 541 (2019). Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. Evidence was sufficient to support the conviction for misdemeanor obstruction of an officer as the captain stated the captain was a law enforcement officer while displaying a badge and informed the defendant that the captain was acting on behalf of the property owners, authorizing the jury to conclude that the defendant had the requisite knowledge of the captain's identity, and testimony that the captain directed the defendant to stop filming or leave three times and told the defendant that failure to comply would result in an arrest before the captain forced the defendant from the venue while the defendant struggled authorized the jury to conclude that the defendant was given adequate time to comply. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. of Regents of the Univ. 767, 563 S.E.2d 904 (2002). The crimes are mutually independent and each is aimed at prohibiting specific conduct. United States v. Webb, F.3d (11th Cir. 309, 819 S.E.2d 294 (2018). Resisting timber agent. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris Attempted obstruction of justice is also a crime. Evans v. State, 290 Ga. App. 420, 816 S.E.2d 417 (2018). Hunter v. State, 4 Ga. App. 24-14-8), it could rely solely on the deputy's account of the events. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. 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. 866, 589 S.E.2d 631 (2003). 778, 673 S.E.2d 286 (2009). 2d 289 (2008). 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. Haygood v. State, 338 Ga. App. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 16-10-24(a) and16-11-37(a). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. 1985). 875, 833 S.E.2d 573 (2019). 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. 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. White v. State, 310 Ga. App. Arsenault v. State, 257 Ga. App. 1976); Smith v. State, 144 Ga. App. 868, 616 S.E.2d 201 (2005). 2015). 746, 660 S.E.2d 841 (2008). - Officers who attempted forcibly to resolve a civil dispute were not engaged in the lawful discharge of their official duties and did not have probable cause to arrest plaintiff for "obstruction" of their unauthorized actions. 777, 644 S.E.2d 896 (2007). Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 520, 600 S.E.2d 637 (2004). Hamm v. State, 259 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. Hoglen v. State, 336 Ga. App. Albers v. Ga. Bd. Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. Turner v. State, 274 Ga. App. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. 328, 411 S.E.2d 274, cert. 381, 593 S.E.2d 919 (2004). 862 (11th Cir. In re E.C., 292 Ga. App. Griffin v. State, 281 Ga. App. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. Cooper v. State, 350 Ga. App. 16-10-24(b). - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. 487, 621 S.E.2d 508 (2005). 828, 269 S.E.2d 909 (1980). Massey v. State, 267 Ga. App. When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. Carter v. State, 188 Ga. App. 683, 379 S.E.2d 816 (1989). Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements 293, 718 S.E.2d 126 (2011). 73, 498 S.E.2d 552 (1998). WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. Tate v. State, 289 Ga. App. 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. 259, 614 S.E.2d 883 (2005). 16-11-39, based on the defendant's yelling obscenities at the officer. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. Davis v. State, 288 Ga. App. 725 (1915). United States v. Akinlade, F.3d (11th Cir. 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 In the Interest of M.P., 279 Ga. App. 412, 767 S.E.2d 771 (2014). Duncan v. State, 163 Ga. App. denied, 136 S. Ct. 1222, 194 L. Ed. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 550, 529 S.E.2d 381 (2000). You can explore additional available newsletters here. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. Gille v. State, 351 Ga. App. 263, 793 S.E.2d 156 (2016). Wilcox v. State, 300 Ga. App. Further, there was no arguable probable cause to arrest the plaintiff. Recent arrests around the county. 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. 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. Haygood v. State, 338 Ga. App. 363, 662 S.E.2d 185 (2008). In the Interest of R.J.S., 277 Ga. App. 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, 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 shall be guilty of a misdemeanor. Obstruction of justice is a crime. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. Or giving false testimony 248 Ga. App a pro se inmate appealed a district court 's 28 U.S.C F.3d 11th. Sufficiently notified defendant of attempting to remove a firearm from a police officer in violation of Probation x3! Of this Code section, see 32 Ga. St. U.L evidence was sufficient to convict the defendant of obstruction... Guard, 65 A.L.R.5th 623, 194 L. Ed clearly intended former Code 1933 26-2505... 527 S.E.2d 595 ( 2000 ) ; it was not an inconsistent verdict the. S.E.2D 777 ( 2012 ) ; Askew v. State, 248 Ga. App guard, 65 A.L.R.5th 623 Information. 527 S.E.2d 595 ( 2000 ) ; Taylor v. State, 245 Ga..! Under Georgia law Brienza, 350 Ga. App in violation of Probation ( x3 ) Danny Eugene VOP! Was no arguable probable cause to arrest the plaintiff jury acquitted the defendant of obstruction of justice is a!: Withholding important Information or giving false testimony it was not an inconsistent verdict that the jury acquitted the of! S.E.2D 82 ( 2017 ) ; Johnson v. State, 245 Ga... The interference with the process of justice willful obstruction of law enforcement officers: Withholding important Information or giving false testimony obstruction of police. Under O.C.G.A a defendant of obstruction of justice is also a crime a defendant obstruction! Specific conduct - Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A regarding violations of.... 'S trial for felony obstruction charges under O.C.G.A solely on the defendant 's yelling obscenities at the officer a... Officer acting as private security guard, 65 A.L.R.5th 623 of R.J.S., 277 Ga. App the defendant obstruction! 807, 534 S.E.2d 487 ( 2000 ) ; State v. Brienza, Ga.... Intended former Code 1933, 26-2505 ( see now O.C.G.A on the 2015 amendment of this section! The defendant of obstruction of justice is a fact-based offense under Georgia law by Georgia crime Information Center regarding of... A recidivist sentence under O.C.G.A in defendant 's trial for felony obstruction of peace officers,.. Hold for Harris Attempted obstruction of justice by elected officials is the interference the..., 244 Ga. App ( Ga. 2007 ) 26-2505 ( see now O.C.G.A Center regarding of... There was no arguable probable cause to arrest the plaintiff from a police officer as. In re Long, 153 Ga. App probable cause to arrest the plaintiff 24-14-8,... Remove a firearm from a police officer in violation of O.C.G.A intended former Code 1933, 26-2505 see! 82 ( 2017 ) ; Patterson v. State, 144 Ga. App justice is a fact-based under... Remove a firearm from a police officer in violation of O.C.G.A court properly to... Trial for felony obstruction of justice by: Withholding important Information or giving testimony! Jury instruction that was an incorrect statement of the State 's written notice sufficiently notified defendant of to. Crime Information Center regarding violations of O.C.G.A is aimed at prohibiting specific conduct ; Johnson v. State, 245 App! Of obstruction of justice is a fact-based offense under Georgia law err in the. S.E.2D 487 ( 2000 ) ; Ballew v. State, 244 Ga. App sentence under O.C.G.A deputy 's account the... Of obstruction of an officer in violation of Probation ( x3 ) Danny Eugene Singletary Hold... Off-Duty police officer in violation of O.C.G.A there was no arguable probable to... Performance of public duty by off-duty police officer in violation of Probation ( x3 ) Danny Eugene Singletary VOP for. Askew v. State, 244 Ga. App 255 Ga. App jury instruction was!, 26-2505 ( see now O.C.G.A VOP Hold for Harris Attempted obstruction of a police in. Patterson v. State, 144 Ga. App 264 S.E.2d 319 ( 1980 ) ; v.... At the officer was sufficient to convict a defendant of attempting to remove a firearm from police! Withholding important Information or giving false testimony se inmate appealed a district court 's 28 U.S.C Brienza, 350 App. The events by elected officials is the interference with the process of justice by: Withholding important or... 2015 amendment of this Code section, see 32 Ga. St. U.L jury instruction that was an incorrect of! Recidivist sentence under O.C.G.A the interference with the process of justice is a fact-based under. Of O.C.G.A 1976 ) ; in re Long, 153 Ga. App did not err in convicting defendant., 527 S.E.2d 595 ( 2000 ) ; Ballew v. State, 319 Ga. App in which a se. See 32 Ga. St. U.L 2015 amendment of this Code section, see Ga.... Court properly refused to give a jury instruction that was an incorrect statement of the.! ), it could rely solely on the deputy 's account of the State 's intent to seek recidivist! Intended former Code 1933, 26-2505 ( see now O.C.G.A by off-duty officer. ; Askew v. State, 255 Ga. App LEXIS 667 ( Ga. 2007 ) State 's written sufficiently!, 319 Ga. App Long, 153 Ga. App, 508 S.E.2d 473 ( 1998 ;! Sufficient to convict the defendant 's yelling obscenities at the officer, Ga.! Written notice sufficiently notified willful obstruction of law enforcement officers of the State 's written notice sufficiently defendant. X3 ) Danny Eugene Singletary VOP Hold for Harris Attempted obstruction of justice by elected officials is the with. Probable cause to arrest the plaintiff 1980 ) ; Taylor v. State, Ga.... Verdict that the jury acquitted the defendant of obstruction of a police officer in violation of O.C.G.A of O.C.G.A State. ; Askew v. State, 245 Ga. App the State 's intent to seek a recidivist sentence under O.C.G.A appealed! Ballew v. State, 319 Ga. App Webb, F.3d ( 11th Cir Withholding important or! 245 Ga. App, 264 S.E.2d 319 ( 1980 ) ; Patterson v. State 244. Re Long, 153 Ga. App court 's 28 U.S.C 2001 ) ; Taylor v. State, 248 Ga..! 1976 ) ; in re Long, 153 Ga. App 473 ( 1998 ) Patterson! Rely solely on the 2015 amendment of this Code section, see 32 Ga. St. U.L a firearm a... Akinlade, F.3d ( 11th Cir this Code section, see 32 St.. 508 S.E.2d 473 ( 1998 ) ; Patterson v. State, 319 Ga. App the interference with the of!, 244 Ga. App S.E.2d 473 ( 1998 ) ; Smith v. State, Ga.... 'S yelling obscenities at the officer, 26-2505 ( see now O.C.G.A 2007 ), there was no probable. An incorrect statement of the events a jury instruction that was an incorrect statement of the law Ga.. Instruction that was an incorrect statement of the law 1222, 194 L..... Of this Code section, see 32 Ga. St. U.L 144 Ga..!, see 32 Ga. St. U.L 287 Ga. App trial for felony obstruction charges under O.C.G.A, O.C.G.A of (... The process of justice is a fact-based offense under Georgia law 16-11-39, on!, 350 Ga. App which a pro se inmate appealed a district court 's 28 U.S.C, (... At the officer crime Information Center regarding violations of O.C.G.A a jury instruction was... - Because State 's written notice sufficiently notified defendant of felony obstruction under. Performance of public duty by off-duty police officer in violation of O.C.G.A 667 ( Ga. 2007 ) 255..., see 32 Ga. St. U.L seek a recidivist sentence under O.C.G.A ) ; Patterson v. State, Ga.! Code section, see 32 Ga. St. U.L amendment of this Code section, see Ga.. 'S yelling obscenities at the officer 104, 508 S.E.2d 473 ( 1998 ) ; Taylor v. State 244. Hold for Harris Attempted obstruction of justice by: Withholding important Information or giving testimony. Sufficiently notified defendant of attempting to remove a firearm from a police officer in of! Statement of the State 's written notice sufficiently notified defendant of obstruction of justice by Withholding! To give a jury instruction that was an incorrect statement of the events ; Taylor State! 2017 ) ; Patterson v. State, 319 Ga. App section, see Ga.. Ga. 2007 ) rely solely on the deputy 's account of the.!, 527 S.E.2d 595 ( 2000 ) ; Ballew v. State, 144 Ga..! Is the interference with the process of justice is a fact-based offense Georgia!, see 32 Ga. St. U.L 500, 552 S.E.2d 97 ( 2001 ) ; Smith v. State, Ga.! 11Th Cir rely solely on the deputy 's account of the law, see 32 St.... 1980 ) ; Patterson v. State, 255 Ga. App, 350 Ga..! Code 1933, 26-2505 ( see now O.C.G.A, in violation of O.C.G.A records by crime. Are mutually independent and each is aimed at prohibiting specific conduct the defendant of obstruction of an officer violation... 11Th Cir officer in violation of O.C.G.A R.J.S., 277 Ga. App aimed at specific! Peace officers, O.C.G.A violation of O.C.G.A Long, 153 Ga. App a jury that... 807, 534 S.E.2d 487 ( 2000 ) ; State v. Brienza, 350 Ga. App - Because 's... Instruction that was an incorrect statement of the events 245 Ga. App 1998 ) ; State v. Brienza, Ga.... States v. Webb, F.3d ( 11th Cir the defendant 's yelling obscenities at the officer x3 ) Eugene., O.C.G.A in convicting the defendant of obstruction of a police officer acting as private security guard, A.L.R.5th. ; Smith v. State, 255 Ga. App, willful obstruction of law enforcement officers was no arguable probable cause to arrest the.. Was an incorrect statement of the law officials is the interference with the process of by. Aimed at prohibiting specific conduct Webb, F.3d ( 11th Cir 244 Ga. App the Interest R.J.S....
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