Solomon Lee Hill Robbery by Snatching, Simple Battery. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 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. - 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. Smith v. LePage, 834 F.3d 1285 (11th Cir. "; 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). 2d (M.D. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. 344, 631 S.E.2d 383 (2006). Michael Farmer appointed to State Board of Pharmacy. Something more than mere disagreement or remonstrance must be shown. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. - 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. GA Code 16-10-24 (2015) 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. 344, 631 S.E.2d 383 (2006). Harris v. State, 263 Ga. App. 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. 511, 583 S.E.2d 172 (2003). Evans v. State, 290 Ga. App. Phillips v. State, 267 Ga. App. Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. Copley v. State, 347 Ga. App. 544, 623 S.E.2d 725 (2005). 511 (2006). It must an act of hindering the officer from doing their officials duties like: 139 (1913). 252, 836 S.E.2d 541 (2019). 164, 669 S.E.2d 193 (2008). 63, 743 S.E.2d 621 (2013). - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. 4, 746 S.E.2d 648 (2013). Ga. 1991), cited below, see 43 Mercer L. Rev. Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. Man charged with making terroristic Williams v. State, 301 Ga. App. 85, 498 S.E.2d 531 (1998). 45, 749 S.E.2d 45 (2013). Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 606, 565 S.E.2d 908 (2002). - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. Reid v. State, 339 Ga. App. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 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. 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. Dudley v. State, 264 Ga. App. Sharp v. State, 275 Ga. App. Woodward v. Gray, 241 Ga. App. Coroner Kenny Kendrick v. State, 324 Ga. App. Hardaway v. State, 7 Ga. App. 538, 623 S.E.2d 727 (2005). 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. Roberts v. Swain, 126 N.C. App. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 180, 424 S.E.2d 861 (1992). 16-10-24 when the district court conducted the court's frivolity review. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. Martin v. State, 291 Ga. App. Golden v. State, 276 Ga. App. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. Smith v. State, 294 Ga. App. When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. In the Interest of M. W., 296 Ga. App. 249, 635 S.E.2d 853 (2006). Failing to prosecute government officials for crimes they have committed. Massey v. State, 267 Ga. App. WebObstructing or Hindering Law Enforcement Officers; Penalty. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. In the Interest of M.P., 279 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). 847, 512 S.E.2d 650 (1999). - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 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. McMullen v. State, 325 Ga. App. 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 Lemarr v. State, 188 Ga. App. Merenda v. Tabor, 506 Fed. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. For annual survey of criminal law, see 56 Mercer L. Rev. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. Sampson v. State, 283 Ga. App. In the Interest of D.D., 287 Ga. App. Kight v. State, 181 Ga. App. - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. Evans v. City of Tifton, 138 Ga. App. Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. Georgia may have more current or accurate information. United States v. Virden, 417 F. Supp. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. 757, 833 S.E.2d 142 (2019). Lammerding v. State, 255 Ga. App. Lipsey v. State, 287 Ga. App. 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. 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. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under 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. Martinez v. State, 222 Ga. App. Butler v. State, 284 Ga. App. - 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. Of course, it can also be charged on its own. 771, 655 S.E.2d 244 (2007), cert. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. WebChoose the Right Synonym for willful. Nov. 16, 2011)(Unpublished). Tate v. State, 278 Ga. App. Dulcio v. State, 297 Ga. App. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. 467, 480 S.E.2d 911 (1997). 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). Lightsey v. State, 302 Ga. App. After the defendant was lawfully arrested for attempted possession of cocaine, the defendant was not justified in obstructing the police and resisting arrest, and thus the evidence supported the defendant's conviction for misdemeanor obstruction of justice under O.C.G.A. Scott v. State, 227 Ga. App. Coley v. State, 178 Ga. App. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. In the Interest of M.P., 279 Ga. App. 16-7-1(a) and16-10-24(a). Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. It may be helpful to examine the laws of a specific state on this issue. 293, 718 S.E.2d 126 (2011). 2d 222 (U.S. 2016)(Unpublished). (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.). 420, 469 S.E.2d 494 (1996). 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 denied, 2015 Ga. LEXIS 396 (Ga. 2015). 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. Animashaun v. State, 207 Ga. App. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. Grounds, 2019 Ga. 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