willful obstruction of law enforcement officers 21 Nov willful obstruction of law enforcement officers

467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Officers may be immune from suit, even though an individual feels he or she was mistreated. Smith v. State, 306 Ga. App. It is not necessary to prove the individual intended the harm caused by his actions. Scruggs v. State, 309 Ga. App. Anthony v. Coffee County, F.3d (11th Cir. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. 1915A dismissal of the inmate's claims for false arrest and false imprisonment as barred by the Heck decision, the district court's dismissal was premature since the inmate had not been convicted of violating O.C.G.A. Steillman v. State, 295 Ga. App. Green v. State, 339 Ga. App. Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. Moreover, every person has the right to terminate a consensual encounter with a law enforcement officer and to resist an unlawful arrest by using the force reasonably necessary to prevent it from occurring. Evidence that the defendant, age 35, met a girl online whom the defendant believed was 15, that the defendant made numerous comments about how the defendant could get in trouble or go to jail, that the defendant engaged in sexually explicit conversations and directed the child to pornography sites showing black men having sex with white women, that the defendant drove to an arranged meeting place, and, that, when officers appeared, the defendant fled, was sufficient to convict defendant of violating O.C.G.A. Phillips v. State, 267 Ga. App. Harris v. State, 276 Ga. App. 98, 511 S.E.2d 201 (1999). 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. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. Ewumi v. State, 315 Ga. App. According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties. In an action in which the state charged that defendant violated O.C.G.A. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. 1130 (1908); Paschal v. State, 16 Ga. App. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. Recent arrests around the county. Smith v. LePage, 834 F.3d 1285 (11th Cir. 45, 749 S.E.2d 45 (2013). Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). 27, 656 S.E.2d 161 (2007). 286, 581 S.E.2d 313 (2003). 223, 679 S.E.2d 790 (2009). - 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. When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Smith v. State, 294 Ga. App. 682, 523 S.E.2d 610 (1999). The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 456, 571 S.E.2d 456 (2002). Evidence was not sufficient as to the obstruction count as there was no evidence that the officer commanded, rather than requested, that the defendant stop. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. "; 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). Duncan v. State, 163 Ga. App. 16-10-24(b), because such a charge was not warranted by the evidence; the evidence plainly showed the completion of the greater offense, obstruction that involved "offering or doing violence" to an officer. 156, 545 S.E.2d 312 (2001). 35, 684 S.E.2d 108 (2009). Jackson v. State, 213 Ga. App. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. Martinez v. State, 222 Ga. App. Defendant obstructed an officer where defendant consented to the deputy's entry into the home and defendant knowingly and willfully grabbed the deputy's arm to stop the deputy from arresting another occupant of the dwelling. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. Recent arrests around the county. - Defendant's convictions of obstruction of peace officers, O.C.G.A. 301, 702 S.E.2d 211 (2010). 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. Feb. 4, 2015), cert. 137, 648 S.E.2d 699 (2007). 733, 601 S.E.2d 147 (2004). - 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. 16-10-24. 731, 688 S.E.2d 650 (2009). 564, 667 S.E.2d 410 (2008). Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 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. Winder reconsiders use of Community Theater building. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. Attempted obstruction of justice is also a crime. - 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. Lightsey v. State, 302 Ga. App. 249, 635 S.E.2d 853 (2006). 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. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. Duke v. State, 205 Ga. App. Man charged with making terroristic 16-10-24; finally, the use of a taser gun in effectuating plaintiff's arrest was reasonably proportionate to the difficult, tense, and uncertain situation that the deputy faced, and did not constitute excessive force. Williams v. State, 307 Ga. App. Taylor v. State, 231 Ga. App. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. of Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. 544, 623 S.E.2d 725 (2005). 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. 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. 866, 589 S.E.2d 631 (2003). United States v. Brown, 805 F.3d 1325 (11th Cir. 764, 331 S.E.2d 99 (1985). 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. 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. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Alfred v. Powell, F. Supp. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. Felony obstruction conviction was reversed since there was no evidence that defendant's verbal threats made against the arresting officer obstructed completion of the officer's duties, the threats were made while defendant was already in custody and cooperating with the officer, and concerned future acts of violence, and not imminent acts that if carried out would have prevented the officer from completing the arrest. 231 (2015). - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. 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 WebChoose the Right Synonym for willful. Bubrick v. State, 293 Ga. App. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. Michael Farmer appointed to State Board of Pharmacy. 664, 678 S.E.2d 128 (2009). 487, 621 S.E.2d 508 (2005). Green v. State, 339 Ga. App. 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 771, 655 S.E.2d 244 (2007), cert. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. Feb. 23, 2011)(Unpublished). 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. 1563 (M.D. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. 625, 490 S.E.2d 104 (1997). Recent arrests around the county. 467, 480 S.E.2d 911 (1997). 232, 561 S.E.2d 879 (2002). 16-11-39, based on the defendant's yelling obscenities at the officer. 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. 153, 676 S.E.2d 821 (2009). Williams v. State, 285 Ga. App. 16-10-24. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 1988). Taylor v. State, 349 Ga. App. 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. Haygood v. State, 338 Ga. App. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. 579, 61 S.E. Nonetheless, the error was harmless since the inmate failed to demonstrate that the inmate's conviction under 16-10-24 had been reversed or invalidated; the inmate's claims for false arrest and false imprisonment were now barred by the Heck decision. Feb. 27, 2013)(Unpublished). In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. Edwards v. State, 308 Ga. App. Rev. - 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. 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. - 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. - 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. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 16-10-24. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris In the Interest of E.J., 292 Ga. App. 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 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. 384, 680 S.E.2d 489 (2009). 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. 835, 652 S.E.2d 870 (2007). Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. Lammerding v. State, 255 Ga. App. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. It must an act of hindering the officer from doing their officials duties like: Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. 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. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris A person likewise may resist an officers unlawful entry into a persons home. 2d (N.D. Ga. Dec. 12, 2005). Whether or not the evidence established that actions taken by the defendant hindered or obstructed the officer in making the arrest is for the jury to decide. 24-9-84.1(a)(1) (see now O.C.G.A. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. - 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. 139 (1913). 8 (2001). In the Interest of M.M., 287 Ga. App. Jones v. State, 276 Ga. App. Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. Jamaarques Omaurion Cripps Terroristic 734, 746 S.E.2d 216 (2013). Jastram v. Williams, 276 Ga. App. 209, 622 S.E.2d 887 (2005). - 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. Cobble v. State, 297 Ga. App. - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. 348, 441 S.E.2d 888 (1994). Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b Hudson v. State, 135 Ga. App. Forcible resistance was not required in a misdemeanor obstruction of an officer case. 16-10-24(a). - In a 42 U.S.C. stopping them doing something, de - 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. Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. - 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. 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. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. Evans v. State, 290 Ga. App. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. Hampton v. State, 287 Ga. App. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. Kendrick v. State, 324 Ga. App. 693, 727 S.E.2d 516 (2012). 2012)(Unpublished). Defendant's conviction of misdemeanor obstruction of a law enforcement officer was supported by sufficient evidence as defendant fled when an officer first attempted to place defendant under arrest. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. 2d 283 (2012)(Unpublished). 16-10-24 because the evidence authorized the jury to find that the defendant had obstructed or hindered two officers; there was evidence that although the defendant had been informed of the purpose of the encounter, the defendant persisted in refusing to provide a driver's license, assumed a physically aggressive stance, and refused to comply with commands to stop fighting or resisting, and there also was evidence that after being informed that the defendant was under arrest for obstruction, the defendant physically resisted the arrest. 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. 20, 2017)(Unpublished). Whatley v. State, 296 Ga. App. 675, 675 S.E.2d 567 (2009). 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. It was unnecessary to show that the passenger's eye was permanently rendered useless. Brown v. State, 240 Ga. App. Obstruction of justice is a crime. O.C.G.A. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. 72, 673 S.E.2d 510 (2009). 18 U.S.C. Injury to the officer is not an element of felony obstruction of an officer. 64, 785 S.E.2d 900 (2016). 544, 654 S.E.2d 449 (2007). Dec. 16, 2005)(Unpublished). - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge.

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