Three suspects arrested in smoke shop armed robbery. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. 156, 545 S.E.2d 312 (2001). California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. This is why obstruction of justice is sometimes considered to be a type of white collar crime. Davis v. State, 308 Ga. App. An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. Disclaimer: These codes may not be the most recent version. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. 64, 785 S.E.2d 900 (2016). 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. 228, 666 S.E.2d 594 (2008). 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. Get free summaries of new opinions delivered to your inbox! 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. Bubrick v. State, 293 Ga. App. Spencer v. State, 296 Ga. App. 746, 660 S.E.2d 841 (2008). Carlson v. State, 329 Ga. App. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. 24-9-84.1(a)(1) (see now O.C.G.A. 222 (1910); McLendon v. State, 12 Ga. App. 516, 662 S.E.2d 291 (2008). Glispie v. State, 335 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 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. 137, 633 S.E.2d 439 (2006). Bates v. Harvey, 518 F.3d 1233 (11th Cir. Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 843.05. Mangum v. State, 228 Ga. App. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 16-10-20 and 16-10-24 did not define the same offense, did not address the same criminal conduct, and there was no ambiguity created by different punishments being set forth for the same crime; hence, the rule of lenity did not apply. Flight, or attempted flight, after command to halt constitutes obstruction of officer. Gordon v. State, 337 Ga. App. - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. Daniel v. State, 282 Ga. App. Coroner Kenny Griffin v. State, 281 Ga. App. 10, 673 S.E.2d 554 (2009). 16-10-24(a) during an undercover drug sting, the defendant possessed crack cocaine and marijuana, the defendant violated the technical terms of the defendant's supervised release by failing to report to the defendant's probation officer, and the defendant associated with a known felon. Cooper v. State, 270 Ga. App. 474, 702 S.E.2d 474 (2010). As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. WebChoose the Right Synonym for willful. Spruell v. Harper, F. Supp. 862 (11th Cir. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Construction with O.C.G.A. Accusation must disclose official character of officer. 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 211, 645 S.E.2d 692 (2007). 482, 600 S.E.2d 437 (2004). Turner v. State, 274 Ga. App. Martinez v. State, 222 Ga. App. 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. Wilson v. State, 261 Ga. App. Green v. State, 339 Ga. App. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime under O.C.G.A. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. - 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. 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. Porter v. State, 224 Ga. App. 8 (2001). 1985). 77, 637 S.E.2d 806 (2006). Chynoweth v. State, 331 Ga. App. Smith v. LePage, 834 F.3d 1285 (11th Cir. 7 (2008). 16-10-24. Share this entry 412, 767 S.E.2d 771 (2014). 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. 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. 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. 555, 607 S.E.2d 197 (2004). 286, 581 S.E.2d 313 (2003). Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). denied, No. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. 21, 660 S.E.2d 886 (2008). 209, 294 S.E.2d 305 (1982). 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. Hardaway v. State, 7 Ga. App. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 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. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). Reddick v. State, 298 Ga. App. Golden v. State, 276 Ga. App. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. 354, 526 S.E.2d 863 (1999). 798, 665 S.E.2d 896 (2008). Hudson v. State, 135 Ga. App. 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 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. 24-14-8), it could rely solely on the deputy's account of the events. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. 219, 483 S.E.2d 631 (1997). 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. 16-10-24. 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. 2013)(Unpublished). Ewumi v. State, 315 Ga. App. 512, 651 S.E.2d 817 (2007). 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. 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. 774, 648 S.E.2d 105 (2007), cert. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. Kelley v. State, 171 Ga. App. In the Interest of E.J., 292 Ga. App. Web843.025 Depriving officer of means of protection or communication. - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. 771, 655 S.E.2d 244 (2007), cert. Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. 664, 678 S.E.2d 128 (2009). 16-10-24. 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