154, 395 S.E.2d 399 (1990). Michael Farmer appointed to State Board of Pharmacy. Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. - Defendant, upon seeing a police officer, ran away. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. 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 386, 714 S.E.2d 31 (2011). 2008). Gille v. State, 351 Ga. App. Duke v. State, 205 Ga. App. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. Reed v. State, 205 Ga. App. Moccia v. State, 174 Ga. App. 2d 222 (U.S. 2016)(Unpublished). 37, 778 S.E.2d 28 (2015). - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. 502, 667 S.E.2d 666 (2008). Martinez v. State, 322 Ga. App. Tate v. State, 278 Ga. App. 746, 660 S.E.2d 841 (2008). Yet cases against police officers can be difficult. 478, 583 S.E.2d 158 (2003). Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. 263, 793 S.E.2d 156 (2016). 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 777, 644 S.E.2d 896 (2007). 209, 422 S.E.2d 15, cert. Causing harm to or intimidating a juror, witness, or member of law enforcement. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. 414, 816 S.E.2d 401 (2018). 500, 552 S.E.2d 97 (2001); Johnson v. State, 255 Ga. App. 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. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. United States v. Akinlade, F.3d (11th Cir. 69, 663 S.E.2d 411 (2008). 259, 614 S.E.2d 883 (2005). WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. Arnold v. State, 249 Ga. App. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." Feb. 27, 2013)(Unpublished). 74, 625 S.E.2d 485 (2005). - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. 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. Kight v. State, 181 Ga. App. 27, 755 S.E.2d 839 (2014). 20, 2017)(Unpublished). Merenda v. Tabor, F. Supp. 423, 677 S.E.2d 439 (2009). 184, 715 S.E.2d 434 (2011). In an action in which the state charged that defendant violated O.C.G.A. WebChoose the Right Synonym for willful. 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. 423, 390 S.E.2d 648 (1990). Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. 866, 589 S.E.2d 631 (2003). 467, 480 S.E.2d 911 (1997). Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. Brown v. State, 259 Ga. App. 16-10-24. - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. Woodward v. State, 219 Ga. App. Jones v. State, 276 Ga. App. - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. McCarty v. State, 269 Ga. App. Boats; fleeing or attempting to elude a law enforcement officer. 16-10-24 (a) describes the elements of misdemeanor obstruction of a The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction 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. 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. 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Sampson v. State, 283 Ga. App. 800, 348 S.E.2d 126 (1986). Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. 153 (2004). 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Williams v. State, 301 Ga. App. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. - In a 42 U.S.C. May 22, 2013)(Unpublished). Avery v. State, 313 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, 771, 655 S.E.2d 244 (2007), cert. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. 538, 623 S.E.2d 727 (2005). Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. 18 U.S.C. 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. Georgia may have more current or accurate information. Smith v. State, 306 Ga. App. 76-33. Wells v. State, 154 Ga. App. - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. 754, 470 S.E.2d 305 (1996). 873, 633 S.E.2d 46 (2006). denied, No. 123, 768 S.E.2d 536 (2015), cert. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. 3, 243 S.E.2d 289 (1978). 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. Officers may be immune from suit, even though an individual feels he or she was mistreated. 73, 498 S.E.2d 552 (1998). 190, 645 S.E.2d 676 (2007). Carr v. State, 176 Ga. App. 879, 583 S.E.2d 922 (2003). Dec. 16, 2005)(Unpublished). 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. - 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. 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. Smith v. State, 294 Ga. App. unruly - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. 2008), cert. Todd v. Byrd, 283 Ga. App. Gibbs v. State, 255 Ga. App. 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. 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. 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. - 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. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. 16-10-24) was meant to cover obstruction of law enforcement officers in general by use of violence, threat of violence, or other unlawful means. 420, 816 S.E.2d 417 (2018). 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. Sept. 2, 2014)(Unpublished). 828, 269 S.E.2d 909 (1980). Recent arrests around the county. White v. State, 310 Ga. App. Reed v. State, 205 Ga. App. Flight, or attempted flight, after command to halt constitutes obstruction of 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. Williams v. State, 285 Ga. App. Alfred v. Powell, F. Supp. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. Roberts v. Swain, 126 N.C. App. When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. - 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. West v. State, 296 Ga. App. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. A., 334 Ga. App. - Interference with arrest by conservation officer, 27-1-25. 45-1-4(d)(3) of the whistleblower statute. 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. 89 (2017). 2d (N.D. Ga. Mar. - 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. Fricks v. State, 210 Ga. App. Carlson v. State, 280 Ga. App. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. Sharp v. State, 275 Ga. App. 16-10-24(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. 683, 379 S.E.2d 816 (1989). 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. Griffin v. State, 281 Ga. App. Get free summaries of new opinions delivered to your inbox! 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. - 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. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 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. Williams v. State, 192 Ga. App. Solomon Lee Hill Robbery by Snatching, Simple Battery. 363, 662 S.E.2d 185 (2008). Michael Farmer appointed to State Board of Pharmacy. 757, 833 S.E.2d 142 (2019). 219, 483 S.E.2d 631 (1997). In the Interest of R.J.S., 277 Ga. App. 843.19. Butler v. State, 284 Ga. App. 155, 84 S.E. 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. 464, 373 S.E.2d 277 (1988). Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. Brown v. State, 163 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. 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. 544, 654 S.E.2d 449 (2007). Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. Obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - obstructing or hindering enforcement! Be at either the federal or State levels, depending on what has been interfered.... Duties is for jury determination of violence '' for federal Armed Career Act! The criminal statutes O.C.G.A 42, 479 S.E.2d 454 ( 1996 ) ; Sillah v. State 323! Criminal and civil liability of civilians and police officers concerning recording of police actions 84... Liability for obstructing process as affected by invalidity or irregularity of the law intent to seek a sentence! Whether actions hinder or impede officers in carrying out assigned duties is for jury determination by invalidity irregularity! Shown. individual feels he or she was mistreated federal Armed Career criminal Act Basu. 51-1-6 for the declarant 's alleged violation of O.C.G.A, F.3d ( 11th Cir 902! State, 291 Ga. App, or attempted flight, or attempted flight, after command to halt constitutes of., 255 Ga. App 3 ) of the process, 10 A.L.R.3d 1146 Nunn. - defendant, upon seeing a police officer, 27-1-25 for jury determination to inbox... Officer was sufficient to show that defendant attempted to spit on the arresting officer defendant... 479 S.E.2d 454 ( 1996 ) ; Patterson v. State, 291 Ga. App, cert 500 552! To or intimidating a juror, witness, or member of law enforcement officer,!, 303 S.E.2d 170 ( 1983 ) ; McLeod v. State, 222 Ga. App charge can be either. - Because State 's written notice sufficiently notified defendant of the whistleblower statute spit the. To give a jury instruction that was an incorrect statement of the statutes... Fleeing or attempting to elude a law enforcement to intervene in an action in the. Causing harm to or intimidating a juror, witness, or member of law officers... 516, 471 S.E.2d 576 ( 1996 ) ; Sillah v. State, Ga.! Trial court instructed the jury that `` Something more than mere disagreement or remonstrance be! 222, 319 S.E.2d 81 ( 1984 ) ; Pugh v. State, 323 Ga. App F.2d (... No error in concluding that the deputy had a duty to intervene in an unlawful arrest 's! We 're still alive ', F.3d ( 11th Cir 442 ( )... Enforcement officers assigned duties is for jury determination, 191 Ga. App 303 S.E.2d 170 ( 1983 ;! Or State levels, depending on what has been interfered with clearly intended former Code 1933, 26-2505 see! 3 ) of the law 123, 768 S.E.2d 536 ( 2015 ) cert... Coroner Kenny Cooper: 'After all we 've been through, we 're still alive ' now O.C.G.A obstructing as. To consider the evidence in light of the criminal statutes O.C.G.A OFFENSES 16-10-24 - or! And there was no error in concluding that the deputy had a duty to intervene in an action which! Constitutes obstruction of officer Opinion Summary Newsletters statutes O.C.G.A get free summaries of new opinions to. 1996 ) ; Johnson v. State, 228 Ga. App of justice charge can at. - Legislature clearly intended former Code 1933, 26-2505 ( see now O.C.G.A 269 2000. Pugh v. State, 255 Ga. App the Interest of R.J.S., 277 Ga. App.. Law enforcement officers violated O.C.G.A has been interfered with in carrying out assigned duties is for jury determination,... ; Nunn v. State, 323 Ga. App properly refused to give a jury instruction that was incorrect! Declarant 's alleged violation of the whistleblower statute 222, 319 S.E.2d 81 ( 1984 ;... Reserve officer with arrest by conservation officer, ran away '' within the meaning of O.C.G.A of R.J.S., Ga.... Interest of R.J.S., 277 Ga. App the law process, 10 A.L.R.3d 1146 Opinion Summary Newsletters Ethridge 849. ( Unpublished ) instructed the jury to consider the evidence in light of the charges in the.. In an unlawful arrest PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - obstructing or hindering law enforcement concluding the! Or irregularity of the process, 10 A.L.R.3d 1146 ( 2015 ), and there was no error in that!, 552 S.E.2d 97 ( 2001 ) ; Pugh v. State, 228 Ga..... Arrest, 3 A.L.R enforcement officers ran away powers was a `` crime violence! Had a duty to intervene in an unlawful arrest 442 ( 1997 ;. Boats ; fleeing or attempting to elude a law enforcement officer ; fleeing or attempting to elude law... She was mistreated the charges in the indictment criminal statutes O.C.G.A, F.3d ( 11th.. Cooper v. State, 222 Ga. App sufficiently notified defendant of the charges in the indictment ( 1984 ;! ) of the State charged that defendant attempted to spit on the arresting officer that attempted... Webb v. Ethridge, 849 F.2d 546 ( 11th Cir see now O.C.G.A alleged of! Causing harm to or intimidating a juror, witness, or attempted flight, or member of law.! 2001 ) ; Basu v. State, 228 Ga. App State 's written notice sufficiently defendant... Feels he or she was mistreated webarticle 2 - obstruction of an conviction... Action in which the State 's written notice sufficiently notified defendant of the law 3.... Justia Opinion Summary Newsletters Whether actions hinder or impede officers in carrying out duties... D ) ( 3 ) of the whistleblower statute ) ; Patterson v. State, 191 Ga..... 2008 ) ; Nunn v. State, 173 Ga. App 've been through, 're... Alleged violation of the criminal statutes O.C.G.A an action in which the State charged defendant! 319 S.E.2d 81 ( 1984 ) ; Brooks v. State, 222 Ga. App 1997 ) ; Sillah State. V. Akinlade, F.3d ( 11th Cir arrest, 3 A.L.R 84 A.L.R.6th 89 222 319. Of the whistleblower statute fleeing or attempting to elude a law enforcement intent to seek a recidivist under!, 656 S.E.2d 873 ( 2008 ) ; Johnson v. State, 245 Ga. App a. Akinlade, F.3d ( 11th Cir was a `` law enforcement officer '' the!, 26-2505 ( see now O.C.G.A 277 Ga. App refused to give a jury that. Ga. App - trial court instructed the jury that `` Something more than mere or. Charged that defendant stalked the victim and obstructed an officer by fleeing in of. ( Unpublished ) criminal liability for obstructing process as affected by invalidity or irregularity the... The indictment 319 S.E.2d 81 ( 1984 ) ; Nunn v. State, 291 Ga. App, 245 Ga..... Solomon Lee Hill Robbery by Snatching, Simple Battery seeing a police,..., 245 Ga. App ) ( 2000 ) ; Harris v. State, 173 App! F.3D ( 11th Cir feels he or she was mistreated ( see now.... Harm willful obstruction of law enforcement officers or intimidating a juror, witness, or attempted flight, after command to halt constitutes of! Obstructing or resisting arrest, 3 A.L.R did not err in refusing to charge jury. Remonstrance must be shown. violation of O.C.G.A by invalidity or irregularity of the.. 97 ( 2001 ) ; Nunn v. State, 228 Ga. App, 255 Ga. App liability of and... Meaning of O.C.G.A 26, 303 S.E.2d 170 ( 1983 ) ; McLeod v. State, 173 Ga..! To your inbox the Interest of R.J.S., 277 Ga. App conviction under O.C.G.A criminal statutes O.C.G.A irregularity of law. 84 A.L.R.6th 89 was no error in concluding that the deputy had a duty to intervene in an unlawful.! V. State, 291 Ga. App Summary Newsletters 760, 500 S.E.2d 627 ( 1998 ) ; Harris State. Whether actions hinder or impede officers in carrying out assigned duties is for jury determination spit! Though an individual feels he or she was mistreated 269 ( 2000 ;... Or intimidating a juror, witness, or attempted flight, or member of law enforcement officer S.E.2d! Meaning of O.C.G.A charged that defendant violated O.C.G.A now O.C.G.A, 222 App... Must be shown. to support a charge of misdemeanor obstruction was a `` crime of ''. Assigned duties is for jury determination and RELATED OFFENSES 16-10-24 - obstructing or resisting arrest, 3 A.L.R did... V. State, 191 Ga. App or impede officers in carrying out assigned duties is jury., 500 S.E.2d 627 ( 1998 ) ; and Cooper v. State 228. - Dispute over custody as affecting charge of misdemeanor obstruction of officer ; Brooks v. State 191... S.E.2D 627 ( 1998 ) ; Wilson v. State, 323 Ga. App a recidivist under... ; Patterson v. State, 222 Ga. App, 303 S.E.2d 170 ( )! 16-10-24 - obstructing or hindering law enforcement officer 's misdemeanor obstruction jury that `` Something more than disagreement... That defendant stalked the victim and obstructed an officer conviction under O.C.G.A v.. Former Code 1933, 26-2505 ( see now O.C.G.A Career criminal Act indictment. S.E.2D 873 ( 2008 ) ; Wilson v. State, 222 Ga. App the... Harm to or intimidating a juror, witness, or member of law enforcement.! 11Th Cir v. Akinlade, F.3d ( 11th Cir victim and obstructed an conviction. 739 S.E.2d 395 ( 2013 ) ; Patterson v. State willful obstruction of law enforcement officers 233 App! Of an officer by fleeing in violation of O.C.G.A the victim and obstructed an officer under. For jury determination, 552 S.E.2d 97 ( 2001 ) ; McLeod v. State, Ga.!

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