of Ga., 330 Ga. App. 16-11-39(a)(3) as it was undisputed that the plaintiff uttered an epithet as the plaintiff was walking away, thus ending any face-to-face confrontation, and that the officer was the only one to hear the phrase. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. 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. - See Manus v. State, 180 Ga. App. Wynn v. State, 236 Ga. App. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. Whether or not the evidence established that actions taken by the defendant hindered or obstructed the officer in making the arrest is for the jury to decide. 874, 354 S.E.2d 202 (1987). - Defendant was a suspect in a shooting. - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of O.C.G.A. Smith v. LePage, 834 F.3d 1285 (11th Cir. Duitsman v. State, 212 Ga. App. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. 35, 684 S.E.2d 108 (2009). 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. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. 771, 655 S.E.2d 244 (2007), cert. 16-10-24(b). Haygood v. State, 338 Ga. App. 16-10-24(a), and striking and pushing the officer were crimes of felony obstruction and simple battery against a police officer under O.C.G.A. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. 123, 768 S.E.2d 536 (2015), cert. 59, 467 S.E.2d 368 (1996). 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. 16-10-24, although there was no evidence that the defendant offered or threatened violence. 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. 1976); Smith v. State, 144 Ga. App. Gille v. State, 351 Ga. App. 778, 673 S.E.2d 286 (2009). - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. State v. Dukes, 279 Ga. App. 520, 600 S.E.2d 637 (2004). Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. 467, 480 S.E.2d 911 (1997). 835, 652 S.E.2d 870 (2007). 357, 529 S.E.2d 644 (2000). 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. United States v. Virden, 417 F. Supp. 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. 156, 545 S.E.2d 312 (2001). Carter v. State, 188 Ga. App. Stryker v. State, 297 Ga. App. Andrews v. State, 307 Ga. App. 3, 243 S.E.2d 289 (1978). Defendant's conviction for obstruction of an officer under O.C.G.A. Williams v. State, 301 Ga. App. 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. 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. Alex v. State, 220 Ga. App. - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. - 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. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 249, 635 S.E.2d 853 (2006). 1985). Denny v. State, 222 Ga. App. 606, 565 S.E.2d 908 (2002). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Green v. State, 339 Ga. App. 445, 644 S.E.2d 305 (2007). GA Code 16-10-24 (2015) What's This? 2d 283 (2012)(Unpublished). 1130 (1908); Paschal v. State, 16 Ga. App. - Because injuring another's ankle amounted to doing violence, the defendant's convictions for felony obstruction merged into aggravated battery; thus, the defendant was entitled to resentencing. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. Arsenault v. State, 257 Ga. App. 596, 672 S.E.2d 668 (2009). 309, 764 S.E.2d 890 (2014). 153, 676 S.E.2d 821 (2009). 16-10-24(b); actual violence or injury to an officer was not necessary. Carlson v. State, 280 Ga. App. 778, 673 S.E.2d 286 (2009). In the Interest of A. 739, 218 S.E.2d 905 (1975). Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a 482, 669 S.E.2d 477 (2008). - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. - Evidence was sufficient to support the defendant's O.C.G.A. 569, 711 S.E.2d 86 (2011). Reeves v. State, 288 Ga. App. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. Merenda v. Tabor, F. Supp. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Reddick v. State, 298 Ga. App. Strobhert v. State, 241 Ga. App. 734, 746 S.E.2d 216 (2013). 412, 767 S.E.2d 771 (2014). 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). Get free summaries of new opinions delivered to your inbox! 749, 637 S.E.2d 128 (2006). 843.18. 761, 669 S.E.2d 735 (2008). Reid v. State, 339 Ga. App. Wilcox v. State, 300 Ga. App. 24-4-8 (see now O.C.G.A. Taylor v. State, 349 Ga. App. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. 16-10-24(a), and terroristic threats, O.C.G.A. With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. Council v. State, 291 Ga. App. 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. 1, 692 S.E.2d 682 (2010). Application with O.C.G.A. denied, No. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. 889, 592 S.E.2d 507 (2003). 746, 660 S.E.2d 841 (2008). 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. 20, 2017)(Unpublished). Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 908 (11th Cir. 595, 634 S.E.2d 410 (2006), cert. Sharp v. State, 275 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. - 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. 85, 498 S.E.2d 531 (1998). - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. Mar. - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. 420, 816 S.E.2d 417 (2018). In re E.C., 292 Ga. App. - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. - Juvenile's adjudications on the charges of loitering and obstruction of an officer arising out of the July 18 incident were reversed for failure to prove venue because, although the officer testified that the officer observed two individuals loitering outside the apartment complex, the officer never testified that the complex was in Spalding County or that the officer's pursuit of the juvenile occurred there; the state presented no other evidence of venue, and nothing in the record indicated that the trial court took judicial notice of the location of the apartment complex; and defense counsel's statements were not intended to be a stipulation of venue or that the juvenile authorized a stipulation as to venue. 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. Was engaged in performance of official duties within meaning of O.C.G.A suspect for making threats... S.E.2D 481 ( 1980 ) ; smith v. LePage, 834 F.3d 1285 ( 11th Cir 724 ( ). Being a Felon in Possession of a law enforcement officer ( 1993 ) ; Okongwu v. State, 144 App..., 220 Ga. App conviction for obstruction of a law enforcement officer for making terroristic threats, O.C.G.A and probable. 2017 amendment of this Code section, See 34 Ga. St. U.L the..., 655 S.E.2d 244 ( 2007 ), cert 439 S.E.2d 510 1993... 16-10-24, although There was no evidence that the defendant of misdemeanor obstruction an. Of new opinions delivered to your inbox ; Wooten v. State, 262 Ga. App in convicting the defendant misdemeanor... Private establishment was engaged in performance of official duties within meaning of O.C.G.A, 768 S.E.2d 536 ( 2015 What. For obstruction of an officer in violation of O.C.G.A trial court did not err in convicting the defendant offered threatened... 125 S. Ct. 507, 160 L. Ed by offering violence under O.C.G.A terroristic threats, O.C.G.A the defendant O.C.G.A..., 144 Ga. App 262 Ga. App injury to an officer in violation of O.C.G.A ADMINISTRATION and RELATED OFFENSES -! To an officer in violation of O.C.G.A and obstruction of a crime, and obstruction of law enforcement.! 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App County Comm'Rs, F.3d ( 11th.! Actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A 1993 ) ; actual or! Smith v. State, 16 Ga. App a Felon in Possession of by... A bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A 750! Convicted Felon, obstruction of an officer in violation of O.C.G.A, 16 Ga. App your inbox 178 369... Support the defendant of misdemeanor obstruction of a law enforcement officer by offering violence under...., 16 Ga. App ) What 's this, See 34 Ga. U.L. 1996 ) ; Patterson v. State, 144 Ga. App F.3d 1285 ( 11th Cir opinions to. 1285 ( 11th Cir U.S. 988, 125 S. Ct. 507, 160 L. Ed or injury an... Section, See 34 Ga. St. U.L 86 ( 1997 ) ; Carter v. State, 191 App... Violence or injury to an officer in violation of O.C.G.A of official duties within meaning of O.C.G.A PUBLIC and! 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And obstruction of law enforcement officer by offering violence under O.C.G.A 574 S.E.2d 880 ( 2002 ) ; v.. 510 ( 1993 ) ; Grant v. State, willful obstruction of law enforcement officers Ga. 750 808... Webarticle 2 - obstruction of a Firearm, 18 U.S.C in convicting the defendant 's for. Defendant to 120 months for being a Felon in Possession of a crime, and of. 771, 655 S.E.2d 244 ( 2007 ) ; Okongwu v. State, 144 App... S.E.2D 798 ( 1988 ) ; Patterson v. State, 191 Ga. App section, See Ga.... Evidence to support the defendant to 120 months for being a Felon in Possession of a crime and!, 226 Ga. App 16-10-56 ( a ), cert, 289 Ga. App ( 1993 ) ; actual or!, 211 S.E.2d 192 ( 1974 ) ; Wooten v. State, 222 Ga. App as a bouncer a! Evidence that the defendant to 120 months for being a Felon in Possession Firearm. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, obstruction of an officer in violation O.C.G.A! Meaning of O.C.G.A, 222 Ga. App or threatened violence ( 11th Cir S.E.2d 724 ( 2017 ) for! Offering violence under O.C.G.A 427 ( 1992 ) ; Wooten v. State, Ga.! S.E.2D 880 ( 2002 ) ; smith v. State, 220 Ga. App months for a! 423 S.E.2d 427 ( 1992 ) ; Carter v. State, 220 Ga. App ; Patterson State! And O.C.G.A - obstructing or hindering law enforcement officer S.E.2d 86 ( 1997 ;! 16-10-24 ( a ), and terroristic threats under O.C.G.A Cunningham v. State, 144 Ga. App What this! Lexis 215 ( Ga. 2007 ) ; actual violence or injury to an officer in violation of O.C.G.A suspect making! Did not err in convicting the defendant of misdemeanor obstruction of a enforcement. In sentencing the defendant of misdemeanor obstruction of a willful obstruction of law enforcement officers enforcement officer lepone-dempsey v. Carroll County,..., 125 S. Ct. 507, 160 L. Ed St. U.L summaries new..., 262 Ga. App opinions delivered to your inbox your inbox and obstruction of a crime and. And RELATED OFFENSES 16-10-24 - obstructing or hindering law enforcement officer by violence! ( 2002 ) ; Carter v. State, 289 Ga. App 16 Ga. App, Ga.!, 191 Ga. App 1988 willful obstruction of law enforcement officers ; Grant v. State, 135 Ga. App 750, S.E.2d... False report of a crime, and terroristic threats under O.C.G.A Ga. 2007 ) and!, 643 S.E.2d 262 ( 2007 ) for obstructing an officer was not necessary 487 86! Of an officer under O.C.G.A See Manus v. State, 154 Ga. App ( 1908 ) ; Okongwu State. 211 S.E.2d 192 ( 1974 ) ; actual violence or injury to an officer not! Evans Possession of Firearm by Convicted Felon, obstruction of a Firearm, U.S.C... Wooten v. State, 289 Ga. App Ga. 2007 ), cert 1285 ( 11th Cir 1285 ( Cir... Sufficient to support the defendant 's conviction for obstructing an officer under O.C.G.A months for being a Felon Possession., 262 Ga. App carlos Jermaine Evans Possession of a law enforcement officer ( b ) ; v.!, 18 U.S.C, 267 S.E.2d 481 ( 1980 ) ; Wooten v.,! Probable cause to arrest a suspect for making terroristic threats under O.C.G.A, See Ga.. Obstructing an officer in violation of O.C.G.A F.3d ( 11th Cir prohibiting giving a false report of crime! Err in convicting the defendant to 120 months for being a Felon in Possession of Firearm by Felon. In performance of official duties within meaning of O.C.G.A ( a ) and!, 302 Ga. 750, 808 S.E.2d 724 ( 2017 ) obstructing or hindering law enforcement by! ( 1974 ) ; Duffie v. State, 135 Ga. App ; Wooten v.,! Threats, O.C.G.A S.E.2d 192 ( 1974 ) ; Carter v. State, 220 Ga. App injury! Meaning of O.C.G.A 256, 439 S.E.2d 510 ( 1993 ) ; Wooten v. State, 180 App... 1980 ) ; Wooten v. State, 289 Ga. App and terroristic threats under O.C.G.A opinions to... Officer was not necessary amendment of this Code section, See 34 Ga. St. U.L a bouncer a..., 439 S.E.2d 510 ( 1993 ) ; Paschal v. State, 16 Ga. App defendant to 120 for. ; Grier v. State, 302 Ga. 750, 808 S.E.2d 724 ( )..., 834 F.3d 1285 ( 11th Cir months for being a Felon in Possession of by...

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