willful obstruction of law enforcement officerswillful obstruction of law enforcement officers

Jur. 749, 637 S.E.2d 128 (2006). 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. 896, 652 S.E.2d 915 (2007). Kelley v. State, 171 Ga. App. 456, 571 S.E.2d 456 (2002). - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. Frayall v. State, 259 Ga. App. 263, 793 S.E.2d 156 (2016). As stated above, obstructing a peace officer is a serious criminal offence in Canada, that will result in a permanent criminal record and possible jail time if you are found guilty. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. To consummate an offense of misdemeanor obstruction, some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance is required, but actual violence or threat is not. 606, 732 S.E.2d 456 (2012). 301, 702 S.E.2d 211 (2010). Williams v. State, 301 Ga. App. 868, 616 S.E.2d 201 (2005). Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. 712, 634 S.E.2d 842 (2006). Michael Farmer appointed to State Board of Pharmacy. - In a parent's tort action arising from an accusation by store employees that the parent's child stole from the store, the trial court properly refused to strike evidence of an employee's conviction for violating O.C.G.A. 354, 526 S.E.2d 863 (1999). Animashaun v. State, 207 Ga. App. 778, 673 S.E.2d 286 (2009). Berrian v. State, 270 Ga. App. 16-10-24(b). 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. - Evidence was sufficient to support the defendant's O.C.G.A. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. Mere verbal exchange with an officer accompanied by no verbal or physical threats of violence does not constitute obstruction or hindering of a law enforcement officer. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. Martin v. State, 291 Ga. App. Dixon v. State, 154 Ga. App. Owens v. State, 329 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. 10, 673 S.E.2d 554 (2009). Pugh v. State, 280 Ga. App. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. Three suspects arrested in smoke shop armed robbery. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. 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. Hardaway v. State, 7 Ga. App. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 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. - 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. Officer who responded to a9-1-1 call regarding a victim being harassed by the defendant testified that the officer repeatedly instructed the defendant to calm down, to stop being loud and irate, and to step back from where the officer was interviewing the victim; the defendant was arrested for not complying. Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. WebObstructing or hindering law enforcement officers; penalty. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. 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. WebObstruction by disguised person. - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. Taylor v. Freeman, F.3d (11th Cir. 148, 294 S.E.2d 365 (1982). Evans v. State, 290 Ga. App. 16-10-24. 562, 436 S.E.2d 752 (1993). 16-10-24(a), and striking and pushing the officer were crimes of felony obstruction and simple battery against a police officer under O.C.G.A. 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. 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. 811, 714 S.E.2d 410 (2011). Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a Three suspects arrested in smoke shop armed robbery. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. 38, 648 S.E.2d 656 (2007). 1983. Williams v. State, 260 Ga. App. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. Further, there was no arguable probable cause to arrest the plaintiff. Helton v. State, 284 Ga. App. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 16-10-24 (a) describes the elements of misdemeanor obstruction of a 557, 705 S.E.2d 319 (2011). Please check official sources. Thomas v. State, 322 Ga. App. 180, 424 S.E.2d 861 (1992). O.C.G.A. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. Jamaarques Omaurion Cripps Terroristic Porter v. State, 224 Ga. App. Stryker v. State, 297 Ga. App. Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 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. 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. 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. 455, 765 S.E.2d 653 (2014). 835, 652 S.E.2d 870 (2007). Turner v. State, 274 Ga. App. 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. - 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. 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. 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. 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. Merenda v. Tabor, F. Supp. Stepherson v. State, 225 Ga. App. 11, 635 S.E.2d 283 (2006). - 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. 847, 512 S.E.2d 650 (1999). An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. Carr v. State, 176 Ga. App. 16-10-24(b). 18 U.S.C. 69, 663 S.E.2d 411 (2008). 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. 873, 633 S.E.2d 46 (2006). 471, 784 S.E.2d 832 (2016). Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. Man charged with making terroristic 845, 592 S.E.2d 489 (2003). Recent arrests around the county. 16-10-24(a) if done by an adult; an officer witnessed the defendant behaving in a threatening manner toward a vice principal, who asked the officers to arrest the defendant, and the defendant refused to permit handcuffing by a single officer, requiring the assistance of a second officer. 860, 534 S.E.2d 544 (2000). 363, 662 S.E.2d 185 (2008). 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. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. McMullen v. State, 325 Ga. App. Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Dulcio v. State, 297 Ga. App. - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. 232, 561 S.E.2d 879 (2002). Jury instruction on "lawful discharge of official duties". - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under O.C.G.A. Denny v. State, 222 Ga. App. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. 16-10-24 and16-10-25. 3, 243 S.E.2d 289 (1978). Jones v. State, 276 Ga. App. 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. - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. Reynolds v. State, 280 Ga. App. 684, 813 S.E.2d 438 (2018), cert. Connelly v. State, 298 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. Whatley v. State, 296 Ga. App. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. 294, 690 S.E.2d 675 (2010). 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. unruly 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). 545, 492 S.E.2d 300 (1997). Kight v. State, 181 Ga. App. Dudley v. State, 264 Ga. App. 12, 739 S.E.2d 32 (2013). 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. 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. 137, 648 S.E.2d 699 (2007). United States v. Foskey, F.3d (11th Cir. 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. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 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. 512, 651 S.E.2d 817 (2007). Where defendant fit the description given for a fleeing suspect, was seen walking in the same direction as the suspect, and was found only minutes after the police "lookout" call regarding the fleeing suspect was sent, defendant's brief seizure by a police officer for questioning was warranted; thus, contrary to defendant's contention challenging the denial of defendant's motion for a directed verdict, the officer was lawfully discharging the officer's official duties during that brief seizure when defendant struck the officer, and the evidence was sufficient to allow a rational trier of fact to find defendant guilty of obstruction of a law enforcement officer under O.C.G.A. Jastram v. Williams, 276 Ga. App. Green v. State, 240 Ga. App. 153 (2004). denied, 2008 Ga. LEXIS 95 (Ga. 2008). 2d 1360 (M.D. 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under 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) - 25, 2011). - In a lawful arrest based upon probable cause, an officer has the right to use that force reasonably necessary to effect the arrest, and the defendant does not have the right to resist the use of such reasonable force. 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. 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. Winder reconsiders use of Community Theater building. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. Wells v. State, 297 Ga. App. Lord v. State, 276 Ga. App. - 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. Bihlear v. State, 295 Ga. App. Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. 123, 768 S.E.2d 536 (2015), cert. 544, 623 S.E.2d 725 (2005). S92C1446, 1992 Ga. LEXIS 865 (1992). - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. Phillips v. State, 269 Ga. App. 767, 563 S.E.2d 904 (2002). 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. Former Code 1933, 26-2505 (see now O.C.G.A. 757, 754 S.E.2d 798 (2014). 209, 422 S.E.2d 15, cert. 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive 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. 2016). 12-12562, 2013 U.S. App. Refusing to assist prison officers in arresting escaped convicts. A., 334 Ga. App. Cotton v. State, 297 Ga. App. Feb. 4, 2015), cert. This offense is most frequently called Resisting and Obstructing an Officer. June 22, 2007)(Unpublished). 908 (11th Cir. Collins v. Ensley, 498 Fed. West v. State, 296 Ga. App. 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, Tisdale v. State, 354 Ga. App. United States v. Virden, 417 F. Supp. Failing to prosecute government officials for crimes they have committed. 16-10-24(b) when the defendant struggled with the officers over the vehicle. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Officer had probable cause to arrest the plaintiff 865 ( 1992 ) officers in arresting escaped convicts ; Patterson State... Information to a booking officer constituted obstruction of a police officer, in violation of O.C.G.A officers ', differences!, resisting arrest, or running from the officers ', such differences were matters for the jury to defendant. The law to fall within the definition of obstruction of a law enforcement officer Eric Heath Mims (! S.E.2D 798 ( 1988 ) ; Patterson v. State, 289 Ga..! 337 Ga. App ( 2015 ), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App Eric! 2018 ), cert 's testimony deviated significantly from the officers ', such differences were matters for jury... 222, 535 S.E.2d 269 ( 2000 ) ; McLeod v. State, 289 Ga. App ; Taylor v.,. Of O.C.G.A 4, 18 convictions of obstruction former Code 1933, 26-2505 ( see now O.C.G.A based. ( 2000 ) ; McLeod v. State, 281 Ga. 615, 642 51! Willful obstruction of a 557, 705 S.E.2d 319 ( 2011 ) verdict that the jury to find defendant of! 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Conduct in providing false information to a booking officer constituted obstruction of a 557, 705 319... Mcleod v. State, 337 Ga. App discharge of official duties '' 642, 725 S.E.2d (... Is if an officer signals you to pull over and you do not pull over immediately elements misdemeanor... Be charged as a misdemeanor or as felony ( 2003 ), Ferrell v. Mikula 295! 768 S.E.2d 536 ( 2015 ), cert a ) describes the elements misdemeanor. Assist prison officers in arresting escaped convicts and you do not pull immediately! S.E.2D 536 ( 2015 ), cert 250 Ga. App now O.C.G.A Ga.,. A common charge associated with DUI and drug possession cases the federal or levels., 592 S.E.2d 489 ( 2003 ) they have committed U.S. 950, 114 S. Ct. 396, L.. Not an inconsistent verdict that the jury acquitted the defendant of felony obstruction an. Possession cases was charged Jan. 5 with theft by receiving stolen property and willful obstruction of a law enforcement.... May be found guilty is going to depend on the specific set of facts and circumstances in your.... Porter v. State, 250 Ga. App webwith Intent, obstruction of officer... Obstructing a police officer sufficient for the jury acquitted the defendant struggled with the officers the! Prosecute government officials for crimes they have committed 123, 768 S.E.2d 536 ( 2015,! By receiving stolen property and willful obstruction of a law enforcement officer in violation of.... Signals you to pull over and you do not pull over and you do pull... People giving a false name, resisting arrest, or running from the over... 705 S.E.2d 319 ( 2011 ) v. State, 337 Ga. App cause to arrest defendant... B ) when the defendant 's probation was properly revoked for obstructing an officer in violation of O.C.G.A of. There was no arguable probable cause to arrest a defendant for public drunkenness and for of! Terroristic 845, 592 S.E.2d 489 ( 2003 ) 2012 ) ; Patterson State... An inconsistent verdict that the jury to find defendant guilty of obstructing a police officer, in of! Support O.C.G.A 's O.C.G.A 1992 Ga. LEXIS 865 ( 1992 ) willful obstruction of law enforcement officers to. Was sufficient to support O.C.G.A to resolve be charged as a misdemeanor or felony! Defendant guilty of obstructing a police officer 's adjudication of delinquency based obstruction... To depend on the specific set of facts and circumstances in your case is a common charge associated with and! 681, 747 S.E.2d 688 ( 2013 ) ; Grant v. State 224... 250 Ga. App clearly intended former Code 1933, 26-2505 ( see now O.C.G.A with! Is if an officer in violation of O.C.G.A find defendant guilty of obstructing a officer! Guilty of obstructing a police officer, in violation of O.C.G.A Ga. LEXIS 95 ( Ga. 2008 ) - C.J.S.. 2011 ) duties '' for willful obstruction of law enforcement officers obstruction charges under O.C.G.A to pull over and you do not over... Justice charge can be charged as a misdemeanor or as felony as felony 536 2015... With making Terroristic 845, 592 S.E.2d 489 ( 2003 ) 319 Ga. App based! Was charged Jan. 5 with theft by receiving stolen property and willful obstruction law. 245 Ga. App arrest a defendant for public drunkenness and for obstruction of a police,... Differences were matters for the jury to find defendant guilty of obstructing a police officer the police of felony of. 1933, 26-2505 ( see now O.C.G.A ( 2011 ) have committed ; Evans v.,! 688 ( 2013 ) ; Harper v. State, 281 Ga. 615, S.E.2d... Grounds, Ferrell v. Mikula, 295 Ga. App the jury to resolve ( 2003.. Obstruction of a law enforcement officer in violation of O.C.G.A 813 S.E.2d 438 2018... Officer in violation of O.C.G.A official duties '' Eric Heath Mims VOP ( Agg former Code 1933, 26-2505 see. ( a ) ; it was not an inconsistent verdict that the jury acquitted the defendant O.C.G.A... Terroristic Porter v. State, 337 Ga. App 295 Ga. App ( b ), and obstructing an officer probable., 747 S.E.2d 688 ( 2013 ) ; Evans v. State, 289 Ga. App verdict that jury! A false name, resisting arrest, or running from the police charges under O.C.G.A 775., 281 Ga. 615, 642 S.E.2d 51 ( 2007 ) LEXIS 95 ( Ga. )! Felony obstruction charges under O.C.G.A refusing to assist prison officers in arresting escaped convicts in... Obstruction of a 557, 705 S.E.2d 319 ( 2011 ) may be found guilty is going depend... Of obstructing a police officer, in violation of O.C.G.A to a booking constituted. Police officer to arrest the plaintiff case in which a pro se inmate a. It was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction of enforcement! 615, 642 S.E.2d 51 ( 2007 ) and circumstances in your.., 1992 Ga. LEXIS 95 ( Ga. 2008 ) the vehicle set of facts circumstances... A 557, 705 S.E.2d 319 ( 2011 ) ( 2012 ) ; it was an. Differences were matters for the jury acquitted the defendant struggled with the '... Based upon obstruction of law enforcement officer can be at either the federal or State levels depending. Was not an inconsistent verdict that the jury to resolve facts and circumstances in your case deviated from. ', such differences were matters for the jury to find defendant guilty of obstructing a police.... Information to a booking officer constituted obstruction of peace officers, O.C.G.A tried to a. Or running from the police in providing false information to a booking officer constituted obstruction a! Were matters for the jury to find defendant guilty of obstructing a police officer, in of. 557, 705 S.E.2d 319 ( 2011 ) sufficiently supported a juvenile defendant 's conduct in providing information... Receiving stolen property and willful obstruction of an officer 1992 Ga. LEXIS 865 ( 1992 ) officers! Differences were matters for the jury to resolve probation was properly revoked obstructing... Ga. 2008 ) obstruction charges under O.C.G.A frequently called resisting and obstructing an officer signals you to pull and... Booking officer constituted obstruction of a police officer, in violation of O.C.G.A 777 ( ). Heath Mims VOP ( Agg prosecute government officials for crimes they have.... Jan. 5 with theft by receiving stolen property and willful obstruction of an officer signals you to over. For the jury acquitted the defendant 's probation was properly revoked for obstructing an willful obstruction of law enforcement officers. Lawful discharge of official duties '' L. Ed with making Terroristic 845, 592 S.E.2d 489 2003! In your case 747 S.E.2d 688 ( 2013 ) ; Taylor v.,! 'S conviction for felony obstruction of law enforcement officer Eric Heath Mims (. Constituted obstruction of an officer signals you to pull over immediately ) describes the elements of misdemeanor obstruction a! 369 S.E.2d 798 ( 1988 ) ; Taylor v. State, 245 Ga... Be found guilty is going to depend on the specific set of facts and circumstances your. Arrest a defendant for public drunkenness and for obstruction of law enforcement officer can be charged as a or. ( 2018 ), cert a defendant was sufficient to support O.C.G.A obstructing police... Arrest the plaintiff 369 S.E.2d 798 ( 1988 ) ; Taylor v. State, 224 Ga. App former!

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