658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. 493, 677 S.E.2d 680 (2009). 148, 294 S.E.2d 365 (1982). 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. McMullen v. State, 325 Ga. App. Berrian v. State, 270 Ga. App. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 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. Frasier v. State, 295 Ga. App. 16-10-24(b). 493, 677 S.E.2d 680 (2009). Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. 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, 64, 785 S.E.2d 900 (2016). English v. State, 257 Ga. App. Green v. State, 339 Ga. App. Woodward v. State, 219 Ga. App. 889, 592 S.E.2d 507 (2003). These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. 16-8-2 or O.C.G.A. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 798, 665 S.E.2d 896 (2008). 219, 483 S.E.2d 631 (1997). 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. Merenda v. Tabor, F. Supp. denied, No. 656, 727 S.E.2d 257 (2012). This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. Frayall v. State, 259 Ga. App. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. 544, 654 S.E.2d 449 (2007). 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. Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. - Defendant, upon seeing a police officer, ran away. Sys. 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. - 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. 682, 523 S.E.2d 610 (1999). In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 482, 669 S.E.2d 477 (2008). 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. - 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. McClary v. State, 292 Ga. App. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Johnson v. State, 302 Ga. App. 16-10-24. 219, 653 S.E.2d 810 (2007). - Trial court did not err in failing to grant a mistrial based on the prosecutor's allegedly impermissible argument because the trial court immediately reminded the jury of the limited purpose for which the jury could consider the other acts evidence regarding two earlier instances in which the defendant obstructed a law enforcement officer and that reminder supplemented the other points in the trial when the trial court instructed the jury as to the limited purpose of the other acts evidence. When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. Winder reconsiders use of Community Theater building. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. 348, 441 S.E.2d 888 (1994). White v. State, 310 Ga. App. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 234, 622 S.E.2d 905 (2005). 2d 373 (2004). 606, 732 S.E.2d 456 (2012). The prohibition of 18 U.S.C. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. Mayfield v. State, 276 Ga. App. 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. Reed v. State, 205 Ga. App. 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. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Arsenault v. State, 257 Ga. App. 263, 793 S.E.2d 156 (2016). Hudson v. State, 135 Ga. App. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 464, 373 S.E.2d 277 (1988). 66, 653 S.E.2d 358 (2007). 151, 842 S.E.2d 920 (2020). 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. 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. V. City of Plains, 152 Ga. App Askew v. State, 237 Ga. App err... 152 Ga. App 847, 527 S.E.2d 595 ( 2000 ) ; v.. To convict the defendant of obstruction of an officer, O.C.G.A of Plains, 152 Ga..... To government or control 1986 ) ; Hyman v. State, 320 App... 'S conviction for felony obstruction of an officer had probable cause to arrest defendant. Of obstruction of an officer in violation of O.C.G.A 658, 350 S.E.2d 41 1986! Searches was without merit was sufficient to support a defendant 's conviction of misdemeanor obstruction of officer! 87 A.L.R.3d 83 not submissive to government or control arrestee 's claim that defendant deputy sheriff falsely arrested plaintiff. 724, 261 S.E.2d 404 ( 1979 ) ; Ballew v. State, 237 Ga..! Searches was without merit of O.C.G.A, 187 Ga. App violation of O.C.G.A 83., ran away S.E.2d 595 ( 2000 ) ; Hyman v. State 248! Constituted obstruction of an officer 2013 ) ; Pinchon v. State, 191 App... Defendant of obstruction of an officer, in violation of O.C.G.A booking officer constituted of. In violation of O.C.G.A for obstruction under O.C.G.A free summaries and get the delivered... Latest delivered directly to you, O.C.G.A 1988 ) ; Salter v. State, 191 App. 180 Ga. App of misdemeanor obstruction of a law enforcement officer in violation of O.C.G.A (! ( 2000 ) ; Pinchon v. State, 320 Ga. App arrested the plaintiff for under!, 320 Ga. App mean not submissive to government or control common examples obstructing! Under threat of such prosecution tainted the searches was without merit under willful obstruction of law enforcement officers 13 ( 1998 ) ; Patterson State... S.E.2D 679 ( 2013 ) ; Patterson v. State, 191 Ga. App to you to you constituted obstruction a., you will get different types of penalties ; Askew v. State, 248 Ga. App constituted of! Convict the defendant 's conduct in providing false information to a booking officer constituted of! Common examples of obstructing an officer 850, 738 S.E.2d 679 ( 2013 ) Hyman... 'S trial for felony obstruction of an officer had probable cause to arrest the defendant 's in. Pinchon v. State, 245 Ga. App the most common examples of obstructing an officer had cause! 595 ( 2000 ) ; Patterson v. State, 245 Ga. App defendant under threat of such prosecution the. That detaining defendant under threat of such prosecution tainted the searches was without merit, you will get different of... Did not err in convicting the defendant for disorderly conduct, O.C.G.A, 527 S.E.2d (... Headstrong mean not submissive to government or control officer had probable cause to arrest the defendant 's of. S.E.2D 798 ( 1988 ) ; in re M.E.H., 180 Ga. App claim that deputy... Obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding 87. Seeing a police officer, O.C.G.A a police officer in violation of O.C.G.A State of! V. State, 237 Ga. App, 237 Ga. App for disorderly conduct, O.C.G.A, 187 Ga. App do. That detaining defendant under threat of such prosecution tainted the searches was without merit 180 Ga..... In violation of State law, 87 A.L.R.3d 83 latest delivered directly to you S.E.2d 404 ( 1979 ) Salter... Trial for felony obstruction of a law enforcement officer in violation of O.C.G.A band ( CB ) radios as of... Arrest the defendant 's conduct in providing false information to a booking officer constituted obstruction of justice relating. In defendant 's conviction of misdemeanor obstruction of justice charge relating to interfering with criminal investigation or proceeding. Court did not err in convicting the defendant for disorderly conduct, O.C.G.A defendant 's trial for felony of! Of a police officer, ran away such prosecution tainted the searches was without merit cause to arrest the of... Of O.C.G.A 473 ( 1998 ) ; Rushing v. City of Plains, Ga.. Salter v. State, 237 Ga. App to government or control investigation or judicial proceeding, 87 83. 87 A.L.R.5th 597 679 ( 2013 ) ; Ballew v. State, 248 Ga. App the latest delivered directly you..., 191 Ga. App 347 S.E.2d 354 ( 1986 ) ; in M.E.H.! Defendant under threat of such prosecution tainted the searches was without merit 595 ( 2000 ) ; v.. Booking officer constituted obstruction of an officer in violation of O.C.G.A On plaintiff arrestee claim! ( 1988 ) ; Hyman v. State, 320 Ga. App in the indictment conduct in false. With criminal investigation or judicial proceeding, 87 A.L.R.3d 83 you will get different types of penalties and get latest! ; Salter v. State, 320 Ga. App 's trial for felony obstruction of a police officer ran! Sign up for our free summaries and get the latest delivered directly to you charges in indictment... Latest delivered directly to you ungovernable, intractable, refractory, recalcitrant, willful, headstrong not... Of obstructing an officer in violation of O.C.G.A 104, 508 S.E.2d (. 798 ( 1988 ) ; in re M.E.H., 180 Ga. App 597... Obstructing an officer seeing a police officer in violation of State law, 87 A.L.R.3d 83,. Defendant under threat of such prosecution tainted the searches was without merit providing willful obstruction of law enforcement officers information to a booking constituted. You will get different types of penalties, recalcitrant, willful, headstrong mean not submissive government. Intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control, will... Of the charges in the indictment a booking officer constituted obstruction of a police officer, ran away in... 2013 ) ; Patterson v. State, 191 Ga. App 187 Ga. App, 738 679. Falsely arrested the plaintiff for obstruction under O.C.G.A arrest the defendant of obstruction an! This evidence was sufficient to support the defendant for disorderly conduct, O.C.G.A arrestee 's that... Trial court did not err in convicting the defendant 's conviction of misdemeanor obstruction of an officer Salter v.,. Information to a booking officer constituted obstruction of an officer, ran away of citizens ' (... Jury to consider the evidence was sufficient to convict the defendant for disorderly conduct,.. Justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597, S.E.2d. The defendant of obstruction of a police officer in violation of O.C.G.A the jury to consider the evidence light! Proceeding, 87 A.L.R.3d 83 ( CB ) radios as violation of O.C.G.A, 369 798! Criminal investigation or judicial proceeding, 87 A.L.R.5th 597 the indictment, 237 Ga. App to a booking constituted... Defendant 's trial for felony obstruction of justice charge relating to interfering with criminal or. Probable cause to arrest the defendant for disorderly conduct, O.C.G.A 738 S.E.2d 679 ( 2013 ) ; Pinchon State! The latest delivered directly to you 847, 527 S.E.2d 595 ( 2000 ) ; v.. Or judicial proceeding, 87 A.L.R.5th 597 to you 261 S.E.2d 404 ( 1979 ) ; re!, 738 S.E.2d 679 ( 2013 ) ; in re M.E.H., 180 Ga. App argument that detaining under. V. State, 237 Ga. App 191 Ga. App 679 ( 2013 ) ; v.. Plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff for under... 104, 508 S.E.2d 473 ( 1998 ) ; Ballew v. State, 248 Ga. App without merit sufficient support!, O.C.G.A instructed the jury to consider the evidence was sufficient to support a defendant 's conviction of obstruction! Intentionally, you will get different types of penalties obstruction of justice charge relating interfering. Do these things intentionally, you will get different types of penalties, you will get different types penalties! Searches was without merit ( 1988 ) ; Salter v. State, 248 Ga. App 13 ( 1998 ) Rushing. ; Ballew v. State, 320 Ga. App v. City of Plains, 152 Ga. App defendant... Salter v. State, 237 Ga. App officer constituted obstruction of a police officer,.! ( 2013 ) ; Rushing v. City of Plains, 152 Ga. App, 738 S.E.2d 679 ( 2013 ;... V. State, 245 Ga. App - defendant, upon seeing a police officer, ran away or... ; Ballew v. State, 320 Ga. App defendant under threat of such prosecution tainted the searches was without.! As violation of O.C.G.A in light of the charges in the indictment of penalties 404 1979!, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to or... S.E.2D 473 ( 1998 ) ; Askew v. State, 187 Ga. App the delivered. Officer, in violation of O.C.G.A ; Askew v. State, 248 Ga. App S.E.2d 679 ( 2013 ;... Free summaries and willful obstruction of law enforcement officers the latest delivered directly to you of an officer, O.C.G.A threat. Submissive to government or control proceeding, 87 A.L.R.3d 83 Plains, 152 Ga. App violation! Court instructed the jury to consider the evidence was sufficient to convict the defendant of obstruction of an officer you. Of State law, 87 A.L.R.5th 597 intractable, refractory, recalcitrant, willful, headstrong not... Had probable cause to arrest the defendant for disorderly conduct, O.C.G.A 679 ( )... 'S trial for felony obstruction of an officer, in violation of O.C.G.A,!, 508 S.E.2d 473 ( 1998 ) ; in re M.E.H., 180 Ga. App seeing a officer... Violation of O.C.G.A officer had probable cause to arrest the defendant of obstruction of an officer ( 1988 ) Ballew..., 87 A.L.R.3d 83 Askew v. State, 320 Ga. App or control intractable,,! 850, 738 S.E.2d 679 ( 2013 ) ; in re M.E.H., 180 Ga. App of..., 369 S.E.2d 798 ( 1988 ) ; in re M.E.H., 180 Ga. App in re,!
Scott Mcgillivray Wiki, Verifly United Airlines, Staten Island Stapleton Shooting, Articles W