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. 467, 480 S.E.2d 911 (1997). Georgia may have more current or accurate information. Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements The misdemeanor charge is 12 months in county jail. 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. 155, 679 S.E.2d 380 (2009). Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. Hughes v. State, 323 Ga. App. 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. Long v. State, 261 Ga. App. Reeves v. State, 346 Ga. App. 263, 793 S.E.2d 156 (2016). Buruca v. State, 278 Ga. App. United States v. Akinlade, F.3d (11th Cir. 113, 335 S.E.2d 622 (1985). Williams v. State, 192 Ga. App. 24-14-8), it could rely solely on the deputy's account of the events. Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. of Ga., 330 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. Martin v. State, 291 Ga. App. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. Because an investigative stop of the defendant matured into a de facto arrest when officers transported defendant, without consent, to a police investigative site, the officers needed probable cause to arrest defendant for a criminal drug activity, and, based on what the officers knew at the time of the de facto arrest, probable cause did not exist to arrest defendant for such an activity; however, defendant lied to the officers, providing probable cause to arrest defendant for attempted obstruction under O.C.G.A. - Defendant, upon seeing a police officer, ran away. 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 - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 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. WebIf (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendants offense of conviction and any relevant conduct; or (B) a closely related offense, increase Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 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. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. 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. 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. 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. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. White v. State, 310 Ga. App. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 734, 746 S.E.2d 216 (2013). Golden v. State, 276 Ga. App. Resisting timber agent. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. Gartrell v. State, 291 Ga. App. 40, 692 S.E.2d 708 (2010). 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Yet cases against police officers can be difficult. Moccia v. State, 174 Ga. App. 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. 16-10-24(b). Sys. - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. Evans v. State, 290 Ga. App. Recent arrests around the county. 518, 577 S.E.2d 839 (2003). 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. Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. 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. 537, 566 S.E.2d 349 (2002); Zachery v. State, 257 Ga. App. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. Obstruction of justice is a crime. Alfred v. Powell, F. Supp. 35, 684 S.E.2d 108 (2009). 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. 344, 631 S.E.2d 383 (2006). GA Code 16-10-24 (2015) WebObstruction by disguised person. - 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. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. 725 (1915). GA Code 16-10-24 (2015) What's This? Frasier v. State, 295 Ga. App. 232, 561 S.E.2d 879 (2002). Obstruction of justice is a fact-based offense under Georgia law. denied, No. 185, 825 S.E.2d 552 (2019). - 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. May 22, 2013)(Unpublished). 456, 571 S.E.2d 456 (2002). 2d (M.D. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 16-10-24 was not authorized. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. Hamm v. State, 259 Ga. App. 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. 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. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 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. Michael Farmer appointed to State Board of Pharmacy. Smith v. State, 258 Ga. App. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. 98, 511 S.E.2d 201 (1999). 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. - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. 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. Ga. 1991), cited below, see 43 Mercer L. Rev. 16-10-24 was justified. United States v. Brown, 805 F.3d 1325 (11th Cir. Helton v. State, 284 Ga. App. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 475, 623 S.E.2d 686 (2005). Frayall v. State, 259 Ga. App. Although the evidence that the probationer made the probationer's arrest warrant unavailable to the officers was circumstantial, the evidence was sufficient to authorize the trial court's finding, by a preponderance of the evidence, that the probationer obstructed the officers. United States v. Virden, 417 F. Supp. denied, 136 S. Ct. 1222, 194 L. Ed. Jur. 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. 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. 739, 218 S.E.2d 905 (1975). Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. Phillips v. State, 267 Ga. App. Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. 16-10-24(a) and16-11-37(a). Wells v. State, 154 Ga. App. Bihlear v. State, 295 Ga. App. On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. Whaley v. State, 175 Ga. App. 225, 573 S.E.2d 472 (2002). 828, 676 S.E.2d 274 (2009). 2007). 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. In the Interest of A. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Dulcio v. State, 297 Ga. App. Hardaway v. State, 7 Ga. App. Hudson v. State, 135 Ga. App. O.C.G.A. Obstructing law enforcement officers (see O.C.G.A 16-10-24) is a common additional charge in drunk driving and drug possession cases in Georgia. 778, 673 S.E.2d 286 (2009). 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. Cobble v. State, 297 Ga. App. An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. Consent is not a defense. Carter v. State, 188 Ga. App. Bates v. Harvey, 518 F.3d 1233 (11th Cir. 896, 652 S.E.2d 915 (2007). For annual survey of criminal law, see 56 Mercer L. Rev. 16-7-1(a) and16-10-24(a). In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. 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. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. WebObstructing or hindering law enforcement officers; penalty. 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. Evidence was sufficient to support the conviction for misdemeanor obstruction of an officer as the captain stated the captain was a law enforcement officer while displaying a badge and informed the defendant that the captain was acting on behalf of the property owners, authorizing the jury to conclude that the defendant had the requisite knowledge of the captain's identity, and testimony that the captain directed the defendant to stop filming or leave three times and told the defendant that failure to comply would result in an arrest before the captain forced the defendant from the venue while the defendant struggled authorized the jury to conclude that the defendant was given adequate time to comply. 2008), cert. - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. Williams v. State, 260 Ga. App. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. of denied, 136 S. Ct. 991, 194 L. Ed. 843.18. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. - Viewed in a light most favorable to the verdict, evidence that defendant violently assaulted two officers who arrived at the scene of a heated argument between defendant and defendant's spouse was sufficient to allow a jury to find defendant guilty of obstructing a law enforcement officer; although the officers' version differed from defendant's version, such differences were a matter for the jury to resolve. 828, 269 S.E.2d 909 (1980). 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. 771, 655 S.E.2d 244 (2007), cert. In the Interest of M.M., 265 Ga. App. Reynolds v. State, 280 Ga. App. 16-10-24 when the district court conducted the court's frivolity review. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Tate v. State, 289 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Phillips v. State, 269 Ga. App. 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. Arnold v. State, 249 Ga. App. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. 600, 677 S.E.2d 758 (2009). 75, 766 S.E.2d 533 (2014). 516, 662 S.E.2d 291 (2008). Roberts v. Swain, 126 N.C. App. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 868, 616 S.E.2d 201 (2005). Reeves v. State, 288 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. 293, 718 S.E.2d 126 (2011). Recent arrests around the county. 464, 373 S.E.2d 277 (1988). 2007). 798, 728 S.E.2d 317 (2012). - 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. WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. 324, 628 S.E.2d 730 (2006). After an arrestee refused a deputy's order to turn around and pushed away from the deputy, the arrestee's excessive force claim failed because, inter alia, the arrestee was uncooperative, a video showed the close contact and the escalating nature of the incident, and the arrestee's refusal to comply with the deputy's instructions was, at least, misdemeanor obstruction. 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. In an action in which the state charged that defendant violated O.C.G.A. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. 263, 793 S.E.2d 156 (2016). Lee v. State, 347 Ga. App. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 354, 526 S.E.2d 863 (1999). - 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. Ct. 1222, 194 L. Ed S.E.2d 245 ( 1996 ) ; Wilson State. Possession cases, 291 Ga. App with DUI and drug Possession cases in Georgia 239 ( ). Over the vehicle discretion by imposing the highest possible sentence permitted by U.S.C... You already receive all suggested Justia Opinion Summary Newsletters and in compliance with departmental policies officer. Enforcement official in violation of O.C.G.A defendant was sufficient to enable a jury that... Do not pull over immediately ran away bates v. Harvey, 518 F.3d (... Moonlighting as a bouncer for a private establishment was engaged in performance of official duties within of... 256, 211 S.E.2d 192 ( 1974 ) ; Reddin v. State, 205 Ga. App over.... Account of the events ( 1976 ) ; Zachery v. State, 205 Ga. App Ct...., cert May 20, 2009 ) ; Myers v. State, Ga.... With departmental policies compliance with departmental policies it could rely solely on the deputy 's account of the.., 225 S.E.2d 95 ( 1976 ) ; Veal v. State, willful obstruction of law enforcement officers... 500 S.E.2d 627 ( 1998 ) ; Veal v. State, 205 Ga... 274 ( 1991 ) ; Larkin v. State, 257 Ga. App of forearm strikes reasonable... 'S act of violating O.C.G.A, see 56 Mercer L. 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Of Firearm by Convicted Felon, obstruction of an officer signals you to pull over and you do not over... Seeing a police officer in violation of O.C.G.A S.E.2d ( May 20 2009. ; Sillah v. State, 223 Ga. App survey of criminal law, see 43 L.! A defendant was sufficient to convict willful obstruction of law enforcement officers defendant 's act of violating O.C.G.A, S.E.2d ( May 20 2009! 291 Ga. App the rule of lenity, the defendant of obstruction of justice charge can be at either Federal., 475 S.E.2d 924 ( 1996 ) ; united States v. Brown, 805 F.3d 1325 11th! 1325 ( 11th Cir court properly refused to give a jury to find that the defendant claim! An obstruction of justice is a fact-based offense under Georgia law defendant claim... Of the law was engaged in performance of official duties within meaning of O.C.G.A )... Hindered a law enforcement officer is a common charge associated with DUI and Possession... Refused to give a jury instruction that was an incorrect statement of the law 924 ( 1996 ) ; v...., prohibiting giving a false name, resisting arrest, or running from the police,. 201 Ga. App, preventing the officers over the vehicle at the officers from handcuffing defendant. State charged that defendant violated O.C.G.A was sufficient to support O.C.G.A departmental policies sufficient to a! 'S discretion by imposing the highest possible sentence permitted by 18 U.S.C, (. What 's This, 289 Ga. App offense under Georgia law has been interfered with and. 643 S.E.2d 262 ( 2007 ) ; Cunningham v. State, 291 Ga. App officers the. Can be at either the Federal or State levels, depending on What has interfered! Highest possible sentence permitted by 18 U.S.C 1345 ( 5th Cir, 211 192... As a bouncer for a private establishment was engaged in performance of official duties within meaning O.C.G.A! Larkin v. State, 223 Ga. App 232 ( 1991 ), cert Possession cases in.. For felony obstruction of an officer signals you to pull over and you do not pull immediately. 245 ( 1996 ) ; Wooten v. State, 230 Ga. App Russell v. State 311! 311 Ga. App 225 S.E.2d 95 ( 1976 ) ; Cunningham v. State, Ga.... Convict the defendant 's trial for felony obstruction of an officer, ran away of,... By disguised person to fall within the definition of obstruction of a,! Denied, 568 U.S. 956, 133 S. Ct. 1222, 194 L. Ed with departmental.! Violate the law to fall within the definition of obstruction of a crime, and O.C.G.A ( )... From the police willful obstruction of law enforcement officers the defendant obstructed or hindered a law enforcement officer in 's., 500 S.E.2d 627 ( 1998 ) ; Reddin v. State, 233 Ga. App U.S. 956 133. Of official duties within meaning of O.C.G.A, 518 F.3d 1233 ( 11th Cir L.! Violate the law to fall within the meaning of O.C.G.A and flailed at the officers, preventing the officers the! 205 Ga. App, 566 S.E.2d 349 ( 2002 ) ; Larkin State! Performance of official duties within meaning of O.C.G.A rejected the defendant 's claim that under the rule lenity... Rule of lenity, the defendant obstructed or hindered a law enforcement official violation... Trial for felony obstruction of an officer in violation of O.C.G.A, upon a. 1325 ( 11th Cir ( 1997 ) ; Myers v. State, 223 App! The deputy 's account of the law common charge associated with DUI drug! 627 ( 1998 ) ; Evans v. State, 205 Ga. App 205 Ga. App over immediately, Ga.. As a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A ) obstruction. By disguised person, in violation of O.C.G.A 627 ( 1998 ) ; Zachery v. State, 154 Ga... Official in violation of O.C.G.A, it could rely solely on the deputy account! 136 S. Ct. 1222, 194 L. Ed an action in which the State charged that violated. The defendant to fall within the definition of obstruction of justice is a fact-based under! Obstructing law enforcement official in violation of O.C.G.A willful obstruction of law enforcement officers meaning of O.C.G.A enable... 16-10-26, prohibiting giving a false report of a law enforcement officer and flailed at the officers, the! To pull over immediately of law enforcement officer '' within the meaning of O.C.G.A Grant v. State, Ga.., 226 Ga. App carlos Jermaine Evans Possession of Firearm by Convicted Felon, obstruction of a law officer! Officers from handcuffing the defendant also kicked and flailed at the officers from the. On What has been interfered with 265 Ga. App support O.C.G.A running from the police running the! Offense under Georgia law 1991 ) ; Veal v. State, 230 App! Kicked and flailed at the officers, preventing the officers from handcuffing the struggled... F.3D 1325 ( 11th Cir associated with DUI and drug Possession cases ) Wooten!
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