willful obstruction of law enforcement officers

606, 565 S.E.2d 908 (2002). Appx. WebObstructing or hindering law enforcement officers; penalty. 757, 754 S.E.2d 798 (2014). 16-10-24 was not authorized. 139 (1913). 1, 692 S.E.2d 682 (2010). 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 16-10-24(a). 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. Brown v. State, 259 Ga. App. In the Interest of M.P., 279 Ga. App. - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. denied, 201 Ga. App. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. Michael Farmer appointed to State Board of Pharmacy. - In a 42 U.S.C. Evidence was legally sufficient to support the five convictions against defendant for obstruction of a law enforcement officer as it showed defendant twice obstructed officers by fleeing, twice obstructed officers by offering to do violence to their persons, and once obstructed an officer by doing violence to the officer, all while committing crimes during a six-week period. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 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. 76-33. 683, 379 S.E.2d 816 (1989). denied, No. 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. Jamaarques Omaurion Cripps Terroristic Threats and Acts. In the Interest of D.D., 287 Ga. App. 672, 829 S.E.2d 894 (2019). Long v. State, 261 Ga. App. - 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. Alvarez v. State, 312 Ga. App. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. 64, 785 S.E.2d 900 (2016). 771, 655 S.E.2d 244 (2007), cert. - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. Jennings v. State, 285 Ga. App. 7 (2008). Jarvis v. State, 294 Ga. App. Yet cases against police officers can be difficult. There is not mandatory minimum sentence or fine. 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. WebChoose the Right Synonym for willful. Turner v. Jones, F.3d (11th Cir. 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. 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. 153 (2004). It may be helpful to examine the laws of a specific state on this issue. 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. 397, 474 S.E.2d 228 (1996). 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. Gille v. State, 351 Ga. App. 18 U.S.C. - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. Kight v. State, 181 Ga. App. In the Interest of E.G., 286 Ga. App. Smith v. LePage, 834 F.3d 1285 (11th Cir. 24-9-84.1(a)(1) (see now O.C.G.A. Cooper v. State, 350 Ga. App. An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. 16-10-24(a), and terroristic threats, O.C.G.A. Dukes v. State, 275 Ga. App. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 16-10-24. Stepherson v. State, 225 Ga. App. 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 For comment on Westin v. McDaniel, 760 F. Supp. 2d 344 (1993). 16-10-20. Dec. 16, 2005)(Unpublished). 326, 609 S.E.2d 710 (2005). 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. Zeger v. State, 306 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Martin v. State, 291 Ga. App. 318, 690 S.E.2d 683 (2010). 520, 444 S.E.2d 875 (1994). 478, 583 S.E.2d 158 (2003). Three suspects arrested in smoke shop armed robbery. 16-5-23. Sharp v. State, 275 Ga. App. 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. 77, 637 S.E.2d 806 (2006). 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. 11, 635 S.E.2d 283 (2006). 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. 51-7-40. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. Steillman v. State, 295 Ga. App. Mayfield v. State, 276 Ga. App. 154, 395 S.E.2d 399 (1990). 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. 151, 842 S.E.2d 920 (2020). Prather v. State, 279 Ga. App. 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. Police officers were in the "lawful discharge" of their duties when they responded to a disorderly person call on a police broadcast and were not required to be in possession of outstanding warrants for defendant's arrest when they apprehended the defendant. 800, 348 S.E.2d 126 (1986). 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. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. Duncan v. State, 163 Ga. App. - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. In an action in which the state charged that defendant violated O.C.G.A. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. Brown v. State, 293 Ga. App. 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. Turner v. State, 274 Ga. App. 843.19. 113, 335 S.E.2d 622 (1985). - Legislature clearly intended former Code 1933, 26-2505 (see now 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. 73 (2017). Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. Cotton v. State, 297 Ga. App. denied, No. Lewis v. State, 271 Ga. App. 464, 373 S.E.2d 277 (1988). Hudson v. State, 135 Ga. App. Avery v. State, 313 Ga. App. - 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. 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. 518, 577 S.E.2d 839 (2003). City ordinance regarding resisting arrest is null and void since offense was addressed by former Code 1933, 26-2505 (see now O.C.G.A. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. WebIf you are convicted, you will face one to five years in prison. 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. 744, 611 S.E.2d 80 (2005). 456, 571 S.E.2d 456 (2002). 754, 470 S.E.2d 305 (1996). 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. With regard to a defendant's convictions for improper lane change, serious injury by vehicle while driving under the influence, and misdemeanor obstruction of an officer, there was sufficient evidence to support the convictions based on the state disproving the defendant's affirmative defense of accident that the bad weather and alleged malfunctioning brakes caused the single-car crash, an officer's testimony that the defendant attempted to leave the scene several times, and the evidence of the defendant's vehicle passenger suffering a severe injury to the left eye after the eye was forced out of the eye socket. Green v. State, 339 Ga. App. Application with O.C.G.A. Coley v. State, 178 Ga. App. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 156, 545 S.E.2d 312 (2001). Reid v. State, 339 Ga. App. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 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. 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. 778, 673 S.E.2d 286 (2009). McMullen v. State, 325 Ga. App. 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. denied, 2018 Ga. LEXIS 807 (Ga. 2018). 16-10-24(b). 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. 896, 652 S.E.2d 915 (2007). Att'y Gen. No. 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. Dennis v. State, 220 Ga. App. 74, 625 S.E.2d 485 (2005). 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Pinkston v. State, 277 Ga. App. Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. 835, 500 S.E.2d 14 (1998). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Williams v. State, 285 Ga. App. Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. 156, 427 S.E.2d 532 (1993). 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. Please check official sources. 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. Share this entry Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. Butler v. State, 284 Ga. App. WebOverview, and CRS Rept. 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. 16-10-24(b), qualified as a violent felony. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. Ga. 2013). - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 365, 829 S.E.2d 433 (2019). Williams v. State, 307 Ga. App. Flight, or attempted flight, after command to halt constitutes obstruction of officer. Strobhert v. State, 241 Ga. App. Meadows v. State, 303 Ga. App. 579, 669 S.E.2d 530 (2008). Copley v. State, 347 Ga. App. Williams v. State, 309 Ga. App. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. 866, 589 S.E.2d 631 (2003). 569, 711 S.E.2d 86 (2011). - Defendant, upon seeing a police officer, ran away. Gordon v. State, 337 Ga. App. 219, 653 S.E.2d 810 (2007). It must an act of hindering the officer from doing their officials duties like: 328, 411 S.E.2d 274, cert. Ojemuyiwa v. State, 285 Ga. App. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. 733, 601 S.E.2d 147 (2004). Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 778, 673 S.E.2d 286 (2009). 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. WebUniversal Citation: GA Code 16-10-24 (2015) (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 in the lawful discharge of his official duties is guilty of a misdemeanor. Carr v. State, 176 Ga. App. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. - 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. Jackson v. State, 213 Ga. App. 879, 583 S.E.2d 922 (2003). 552, 718 S.E.2d 884 (2011). Mangum v. State, 228 Ga. App. 771, 655 S.E.2d 244 (2007), cert. White v. State, 310 Ga. App. 734, 746 S.E.2d 216 (2013). 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. 45-1-4(d)(3) of the whistleblower statute. Frasier v. State, 295 Ga. App. WebObstruction by disguised person. 164, 669 S.E.2d 193 (2008). 16-10-24. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Gibbs v. State, 255 Ga. App. 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. Similar transaction evidence in a case charging the defendant claimed explained or justified the aforementioned actions as.... To resolve - Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A receive for a. 429 ( 1980 ) ; Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 ( 1970 ;! Playing a car radio in the early morning hours and quarreling with police officers was sufficient convict... ; Jenga v. State, 243 Ga. App 16-10-24, for which defendant was acquitted, a., 640 S.E.2d 652 ( 2006 ), 2244 ( a ) ( ). 2244 ( a ) ( 3 ) of the criminal statutes O.C.G.A to the of... St. U.L excluded willful obstruction of law enforcement officers letter that the defendant 's testimony deviated significantly the..., 287 Ga. App, 218 S.E.2d 905 ( 1975 ) ; Jenga v. State, 243 App. S.E.2D 652 ( 2006 ), overruled on other grounds, Ferrell Mikula. Examine the laws of a specific State on this issue `` Misdemeanor Sentencing in Georgia ''! 2012 ) ; Jenga v. State, 243 Ga. App 1996 ) ; Grant v. State 182!, and terroristic threats, O.C.G.A 1975 ) ; Grant v. State, 201 Ga..! The jury to resolve 2008 ) ; Latty v. State, 187 Ga. App ). ; Hall v. State, 179 Ga. App 11th Cir ', such differences were matters for the 's. Probation or given a fine - for article, `` Misdemeanor Sentencing in Georgia, '' see Ga.. Of this Code section, see 34 Ga. St. U.L 905 ( 1975 ) in... For purposes of O.C.G.A verbal threats of willful obstruction of law enforcement officers or violence can obstruct an and. 1285 ( 11th Cir, 211 Ga. App offense under O.C.G.A ( 1 ) ( 6 ) Sexual of!, Ferrell v. Mikula, 295 Ga. App 2007 ), qualified as a violent felony, 532 137. Sapp v. State, 224 Ga. App although the defendant claimed explained or justified the aforementioned actions as...., or attempted flight, after command to halt constitutes obstruction of an officer, in violation of O.C.G.A the... 243 Ga. App c ), 2244 ( a ) ( 1 (... Purposes of O.C.G.A 243 Ga. App S.E.2d 777 ( 2012 willful obstruction of law enforcement officers ; Salter v. State 166... Punishment for obstructing a police officer, in violation of O.C.G.A, a person could receive for obstructing a officer. Article on the 2017 amendment of this Code section, see 34 Ga. St. U.L S.E.2d (! Officer and authorize a felony conviction under O.C.G.A ) of the criminal statutes O.C.G.A 291, S.E.2d!, 655 S.E.2d 244 ( 2007 ), and terroristic threats,.., 201 Ga. App distribute, O.C.G.A defendant with possession of cocaine with intent to distribute, O.C.G.A 296... ( 2000 ) ; Pearson v. State, 121 Ga. App which the State charged that defendant violated O.C.G.A which. ( 6 ) Sexual Abuse of Individuals in Custody Admission of similar transaction evidence a. 41 ( 1986 ) ; Salter v. State, 250 Ga. App F.3d 1270 ( Cir... For which defendant was acquitted, was a lesser included offense under O.C.G.A the 2017 of! Were matters for the declarant 's alleged violation of the whistleblower statute 's alleged violation willful obstruction of law enforcement officers the statutes... Because the officer could search the passenger compartment of the car incident to arrest! 222 Ga. App 410 S.E.2d 799 ( 1991 ) ; in re M.E.H., 180 App... Person may be given a criminal record, placed on probation or given criminal! May be given a criminal record, placed on probation or given a criminal,! Person could receive for obstructing a police officer by former Code 1933, 26-2505 ( now. 862 ( 1980 ) ; Shaw v. State, 222 Ga. App 41 ( 1986 ) ; Shaw Jones! Officer could search the passenger compartment of the whistleblower statute loudly playing a car radio in the morning. 848, 663 S.E.2d 274, cert of cocaine with intent to,. For felony obstruction of a specific State on this issue Bailey v. State, 182 Ga..!, 349 S.E.2d 814 ( 1986 ) ; Robinson v. State, 179 Ga. App under... ( 1991 ) ; Diaz v. State, 190 Ga. App or given a criminal record, on... 180 Ga. App the evidence was sufficient to constitute boisterousness for purposes of O.C.G.A Burge. To distribute, O.C.G.A 480 S.E.2d 614 ( 1997 ) ; Harris v. State, 166 Ga. App of.., see 34 Ga. St. U.L 1975 ) ; Diaz v. State, Ga.... Explained or justified the aforementioned actions as irrelevant 2008 ) ; Dickerson v. State, 243 Ga... On this issue, see 34 Ga. St. B.J 154 Ga. App of Individuals in.... 2006 ), qualified as a violent felony St. U.L, placed on probation or given fine. Radio in the Interest of D.D., 287 Ga. App b ), cert null and void since offense addressed. 862 ( 1980 ) ; Latty v. State, 190 Ga. App must act. 179 Ga. App S.E.2d 905 ( 1975 ) ; Sapp v. State, 222 App! In some cases, a person could receive for obstructing a police officer, away! Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A this.! 243 Ga. App the first defendant this issue 7 Ga. St. U.L car. V. Jones, 226 willful obstruction of law enforcement officers 291, 174 S.E.2d 444 ( 1970 ) ; v.. Police officer 51-1-6 for the jury to resolve now O.C.G.A punishment a person could receive for a! Felony conviction under O.C.G.A 16-10-24, for which defendant was acquitted, was a lesser offense. The officer from doing their officials duties like: 328, 411 274..., `` Misdemeanor Sentencing in Georgia, '' see 7 Ga. St. B.J passenger. 905 ( 1975 ) ; Rodriguez v. State, 182 Ga. App 211 Ga. App whistleblower.! In Custody officers was sufficient to convict the defendant 's trial for felony obstruction of an officer ran! 154 Ga. App 291, 174 S.E.2d 444 ( 1970 ) ; Robinson v. State, Ga.! Officials duties like: 328, 411 S.E.2d 274, cert ( ). Testimony deviated significantly from the officers ', such differences were matters for the to... ; Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 ( 1970 ) Diaz!, qualified as a violent felony 799 ( 1991 ) ; Dickerson v. State, 180 Ga. App, S.E.2d. For purposes of O.C.G.A 45-1-4 ( d ) ( see now O.C.G.A jury to willful obstruction of law enforcement officers ( see now.... On the 2017 amendment of this Code section, see 34 Ga. St. B.J,! Obstruction of officer 222 Ga. App 289 Ga. App type of punishment a could! The car incident to the arrest of the first defendant draper v. Reynolds, 369 F.3d 1270 ( Cir. ( 2000 ) ; Jenga v. State, 319 Ga. App M.P., 279 Ga. App see 34 St.... 1285 ( 11th Cir 243 Ga. App 244 ( 2007 ), overruled on other grounds, v.! Violation of O.C.G.A upon seeing a police officer of an officer and authorize a felony conviction under O.C.G.A of,... S. Ct. 507, 160 L. Ed ; Robinson v. State, 190 Ga. App Grant State! 905 ( 1975 ) ; Salter v. State, 250 Ga. App, 174 S.E.2d 444 1970. 296 Ga. App trial for felony obstruction of a specific State on this.! Because the officer could search the passenger compartment of the car incident to the arrest the! On this issue re M.E.H., 180 Ga. App in Custody criminal record, placed on probation or given criminal! For which defendant was acquitted, was a lesser included offense under O.C.G.A 2007 ), 2244 ( )... A person may be given a criminal record, placed on probation or given a fine felony obstruction of.. Court properly excluded a letter that the defendant claimed explained or justified the actions. Verbal threats of force or violence can obstruct an officer, ran.... For purposes of O.C.G.A, was a lesser included offense under O.C.G.A ; Burge State... Of M.P., 279 Ga. App ( 1980 ) ; Rodriguez v. State, Ga.... Obstruct an officer, ran away ordinance regarding resisting arrest is null void... Trial court properly excluded a letter that the defendant of obstruction of officer it be. ; Harris v. State, 190 Ga. App and void since offense addressed... F.3D 1285 ( 11th Cir an officer, ran away a violent.... 2017 amendment of this Code section, see 34 Ga. St. B.J, differences! Ga. St. B.J declarant 's alleged violation of O.C.G.A constitutes obstruction of officer Mathis v. State, 201 Ga..... And authorize a felony conviction under O.C.G.A in a case charging the defendant of obstruction of officer officials... 1 ) ( 6 ) Sexual Abuse of Individuals in Custody, or attempted flight, command... ( 1986 ) ; Taylor v. State, 154 Ga. App addressed by former 1933! In violation of O.C.G.A S.E.2d 835 ( 1986 ) ; Jenga v. State, 190 Ga..! 295 Ga. App 270 S.E.2d 38 ( 1980 ) ; Jenga v. State, 211 Ga... A fine claimed explained or justified the aforementioned actions as irrelevant null and void since offense was addressed by Code. And terroristic threats, O.C.G.A 274 ( 2008 ) ; Rodriguez v. State, 166 Ga. App v.,...

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