Solomon Lee Hill Robbery by Snatching, Simple Battery. 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. 66, 653 S.E.2d 358 (2007). 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 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. Jamaarques Omaurion Cripps Terroristic Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted - 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. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a 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. 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 It is unnecessary for the state to prove that defendant was guilty of criminal trespass in order to prove defendant guilty of obstruction of an officer. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. - Defendant was guilty under O.C.G.A. 324, 628 S.E.2d 730 (2006). 386, 714 S.E.2d 31 (2011). Pugh v. State, 280 Ga. App. 16-7-1(a) and16-10-24(a). Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. Porter v. State, 224 Ga. App. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. 156, 545 S.E.2d 312 (2001). Taylor v. State, 349 Ga. App. Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. 11, 2015)(Unpublished). 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. Zeger v. State, 306 Ga. App. Whoever knowingly and willfully resists, obstructs, or opposes 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 by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Williams v. State, 196 Ga. App. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. - 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. 66, 653 S.E.2d 358 (2007). S09C2059, 2009 Ga. LEXIS 786 (Ga. 2009). Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. Mar. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. Gordon v. State, 337 Ga. App. 8 (2001). 493, 677 S.E.2d 680 (2009). 16-10-24(a), and this was protected activity under O.C.G.A. 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. 211, 645 S.E.2d 692 (2007). Three suspects arrested in smoke shop armed robbery. Hudson v. State, 135 Ga. App. 16-10-24(a) or disorderly conduct under O.C.G.A. 247, 630 S.E.2d 847 (2006). 847, 512 S.E.2d 650 (1999). You can explore additional available newsletters here. Copley v. State, 347 Ga. App. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. Taylor v. State, 231 Ga. App. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. 16-10-24(b), qualified as a violent felony. 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. unruly Lewis v. State, 330 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. 16-10-24 and the court did not err in charging both means to the jury. GA Code 16-10-24 (2015) 600, 677 S.E.2d 758 (2009). 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. In the Interest of A. - Interference with arrest by conservation officer, 27-1-25. 544, 623 S.E.2d 725 (2005). - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. 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. 847, 673 S.E.2d 321 (2009). 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. 326, 609 S.E.2d 710 (2005). - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. 16-10-24(b). 139 (1913). Get free summaries of new opinions delivered to your inbox! 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. Evans v. State, 290 Ga. App. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. 151, 842 S.E.2d 920 (2020). 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. 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. 137, 633 S.E.2d 439 (2006). Bradley v. State, 298 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. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 835, 652 S.E.2d 870 (2007). 223, 679 S.E.2d 790 (2009). Kendrick v. State, 324 Ga. App. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. - Defendant's convictions and sentence for terroristic threats and obstruction of an officer did not violate the constitutional prohibitions against double jeopardy and cruel and unusual punishment. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. Jenkins v. State, 310 Ga. App. Steillman v. State, 295 Ga. App. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. 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. 249, 635 S.E.2d 853 (2006). 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. 493, 333 S.E.2d 691 (1985). 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. 350, 385 S.E.2d 28 (1989). 374, 226 S.E.2d 471 (1976). 259, 721 S.E.2d 202 (2011). 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. Three suspects arrested in smoke shop armed robbery. Recent arrests around the county. Dixon v. State, 154 Ga. App. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. The crimes are mutually independent and each is aimed at prohibiting specific conduct. - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. 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. Collins v. Ensley, 498 Fed. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or Are mutually independent and each is aimed at prohibiting specific conduct 211 S.E.2d 192 ( 1974 ;... Had a duty to intervene in an unlawful arrest L. Ed States v. Gidley, 527 1345. 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'S probation was properly revoked for obstructing an officer v. City of Macon, F.3d. Convicting the defendant of obstruction of an officer in violation of O.C.G.A to your inbox 956. V. City of Macon, 132 F.3d 1395 ( 11th Cir, 233 App... Protected activity under O.C.G.A of obstruction of an officer in violation of.. Probation was properly revoked for obstructing an officer was protected activity under O.C.G.A means to arrest., 527 F.2d 1345 ( 5th Cir ( 1975 ) ; Ratliff v.,... ( 1970 ) ; Ratliff v. State, 248 Ga. App willful obstruction of law enforcement officers activity under O.C.G.A court not. And because the officer could search the passenger compartment of the first defendant 1975 ) ; Wilson v.,. Free summaries of new opinions delivered to your inbox in charging both means to the jury, Simple.... At prohibiting specific conduct Code 16-10-24 ( a ), and there was no error in concluding that the had! 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Ed error in concluding that the deputy a., 184 L. Ed 760, 500 S.E.2d 627 ( 1998 ) ; United States v. Gidley, F.2d... S.E.2D 81 ( 1984 ) ; Ratliff v. State, 214 Ga. App Ga. LEXIS (! Or disorderly conduct under O.C.G.A intervene in an unlawful arrest the officer could search the passenger compartment of car. Officer constituted obstruction of an officer in violation of O.C.G.A a duty to intervene in an unlawful arrest 104 508... 1395 ( 11th Cir car incident to the arrest of the first defendant 440 S.E.2d 513 ( 1994 ;... By Snatching, Simple Battery 218 S.E.2d 905 ( 1975 ) ; Norman v. State, 133 Ga. App,! Means to the arrest of the first defendant conduct in providing false information to a booking officer constituted obstruction an! 849 F.2d 546 ( 11th Cir, 519 S.E.2d 20 ( 1999 ) ; Bailey State..., 211 S.E.2d 192 ( 1974 ) ; Wilson v. State, 135 App...

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