2d 222 (U.S. 2016)(Unpublished). The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. 874, 354 S.E.2d 202 (1987). 908 (11th Cir. 819, 578 S.E.2d 516 (2003). Council v. State, 291 Ga. App. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. Albers v. Ga. Bd. 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. Evidence indicating that while officers were attempting to arrest the defendant in a domestic dispute, the defendant, after intentionally striking the victim one last time, intentionally punched one of the officers and then, intentionally or accidentally, struck the other with an elbow, was sufficient to support convictions for felony obstruction of a law enforcement officer and simple battery. 16-10-24. - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. 16-10-24 and the court did not err in charging both means to the jury. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. denied, 2018 Ga. LEXIS 807 (Ga. 2018). 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. 486, 672 S.E.2d 459 (2009). Stepherson v. State, 225 Ga. App. Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers 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. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. 148, 294 S.E.2d 365 (1982). S92C1446, 1992 Ga. LEXIS 865 (1992). United States v. Virden, 417 F. Supp. 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. Berrian v. State, 270 Ga. App. Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. Reid v. State, 339 Ga. App. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 16-10-24 beyond a reasonable doubt because, during a prison disciplinary report hearing, the inmate became loud and agitated and two officers were instructed to remove the inmate from the hearing room and place the inmate in a nearby holding cell; the inmate resisted by pulling from side to side, and then resisted being placed in the holding cell by repeatedly kicking the officers, causing the officers to wrestle the inmate to the floor to subdue the inmate. Alvarez v. State, 312 Ga. App. In the Interest of M.P., 279 Ga. App. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. However, once the vehicle was lawfully stopped, the officer was allowed to ask for the driver's consent to search the car and no additional probable cause or articulable suspicion was required to simply ask the question and therefore defendant's conviction for obstructing an officer under O.C.G.A. 562, 436 S.E.2d 752 (1993). 40-6-395(a). 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. WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 2d 1360 (M.D. Because there was sufficient evidence that a road that the defendant was obstructing was a public passage, there was no merit to the defendant's argument that an officer who ordered the defendant not to block the road was not lawfully discharging the officer's official duties. You're all set! 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. - Defendant's convictions and sentence for terroristic threats and obstruction of an officer did not violate the constitutional prohibitions against double jeopardy and cruel and unusual punishment. In the Interest of M.M., 287 Ga. App. 682, 523 S.E.2d 610 (1999). Turner v. State, 274 Ga. App. Robinson v. State, 288 Ga. App. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. denied, No. denied, No. Michael Farmer appointed to State Board of Pharmacy. 35, 684 S.E.2d 108 (2009). 778, 673 S.E.2d 286 (2009). 2015). GA Code 16-10-24 (2015) What's This? 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted 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. - 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. Davis v. State, 308 Ga. App. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. 123, 768 S.E.2d 536 (2015), cert. 16-10-56. denied, No. 683, 379 S.E.2d 816 (1989). Green v. State, 240 Ga. App. - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. Hudson v. State, 135 Ga. App. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. 209, 422 S.E.2d 15, cert. Chynoweth v. State, 331 Ga. App. of Ga., 330 Ga. App. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. 545, 492 S.E.2d 300 (1997). Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. 875, 833 S.E.2d 573 (2019). - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. Spencer v. State, 296 Ga. App. Moreover, defendant's behavior was threatening enough to compel the officer to draw a weapon and to order defendant to lie on the floor, facts from which the court could have inferred the officer was in reasonable fear of injury and thus had probable cause to arrest defendant for disorderly conduct, despite the lack of testimony from the bar owner or the waitress. A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. 843.19. 739, 218 S.E.2d 905 (1975). 63, 743 S.E.2d 621 (2013). Evidence was sufficient to support the defendant's conviction for obstruction of an officer as the officer testified that the officer was unable to complete the search of the defendant prior to the defendant's arrest because the defendant had been swinging at the officer's head and the officer needed to gain control of the situation; there was no indication that the officer was acting unlawfully. Carlson v. State, 329 Ga. App. - 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. - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. Georgia may have more current or accurate information. 843.06. - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. 493, 677 S.E.2d 680 (2009). 249, 635 S.E.2d 853 (2006). 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. Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. 479, 657 S.E.2d 531 (2008), cert. 772, 703 S.E.2d 140 (2010). Civil rights claims are an important part of our legal system, providing a balance between the duty of law enforcement to uphold the laws, and the rights of individuals to be free from police misconduct. Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. 811, 714 S.E.2d 410 (2011). Jamaarques Omaurion Cripps Terroristic 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. Wilcox v. State, 300 Ga. App. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. - 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. Jennings v. State, 285 Ga. App. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 209, 294 S.E.2d 305 (1982). Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title Reeves v. State, 346 Ga. App. Dudley v. State, 264 Ga. App. 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. Owens v. State, 288 Ga. App. 66, 653 S.E.2d 358 (2007). Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. Sharp v. State, 275 Ga. App. 11, 635 S.E.2d 283 (2006). Hughes v. State, 323 Ga. App. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 324, 628 S.E.2d 730 (2006). 72, 673 S.E.2d 510 (2009). 1988). 219, 483 S.E.2d 631 (1997). Stryker v. State, 297 Ga. App. 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. 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. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. Dennis v. State, 220 Ga. App. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. Green v. State, 339 Ga. App. Rev. Pearson v. State, 224 Ga. App. 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 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. Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - Obstruction of justice is a crime. 512, 651 S.E.2d 817 (2007). Obstruction can be treated as either a felony or a Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. Butler v. State, 284 Ga. App. Owens v. State, 288 Ga. App. 59, 467 S.E.2d 368 (1996). State v. Fisher, 293 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). - 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. 16-10-24(a). 845, 592 S.E.2d 489 (2003). Singleton v. State, 194 Ga. App. United States v. Brown, 805 F.3d 1325 (11th Cir. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. 778, 673 S.E.2d 286 (2009). 16-10-20. Sampson v. State, 283 Ga. App. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Williams v. State, 301 Ga. App. 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. 16-10-24(a) if done by an adult; an officer witnessed the defendant behaving in a threatening manner toward a vice principal, who asked the officers to arrest the defendant, and the defendant refused to permit handcuffing by a single officer, requiring the assistance of a second officer. Jenkins v. State, 310 Ga. App. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 252, 836 S.E.2d 541 (2019). 1345 (1992). 471, 784 S.E.2d 832 (2016). What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 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. Scruggs v. State, 309 Ga. App. 544, 623 S.E.2d 725 (2005). This is why obstruction of justice is sometimes considered to be a type of white collar crime. Arnold v. State, 315 Ga. App. Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. Resisted, delayed, or obstructed a law enforcement officer by offering violence under.. V. Brown, 805 F.3d 1325 ( 11th Cir law, 87 A.L.R.3d 83, 2018 Ga. LEXIS 865 1992... `` crime of violence '' for federal Armed Career criminal act was properly revoked for obstructing an and! - defendant may commit the offense of resisting arrest, 3 A.L.R 283 Ga... Charging both means to the jury of violence '' for federal Armed Career criminal.... In violation of State law, 87 A.L.R.3d 83 Brown, 805 F.3d (... Was properly revoked for obstructing an officer in violation of O.C.G.A 1992 Ga. LEXIS 95 ( 2008! Officer in violation of O.C.G.A a fine 473 S.E.2d 245 ( 1996 ) ; Norman v. State 201! S.E.2D 536 ( 2015 ) What 's This CB ) radios as violation of O.C.G.A What..., 475 S.E.2d 924 ( 1996 ) ; Pinchon v. State, 245 Ga. App excluded letter..., 231 Ga. App Grier v. State, 221 Ga. App 507 S.E.2d 13 ( 1998 ) ; v.. ; Herren v. State, 281 Ga. App that under the rule of,... ( 1994 ) willful obstruction of law enforcement officers Hayes v. State, 228 Ga. App S.E.2d 442 ( 1997 ;... 245 ( 1996 ) ; Norman v. State, 243 Ga. App (! Crime of violence '' for federal Armed Career criminal act given a record!, 221 Ga. App officer and authorize willful obstruction of law enforcement officers felony conviction under O.C.G.A ; State v. Ealum 283! 243 Ga. App 232, 641 S.E.2d 234 ( 2007 ) ; Rodriguez v. State 223. What is the punishment for obstructing a police officer the rule of lenity, the defendant 's probation was revoked... 449 S.E.2d 532 ( 1994 ) ; Hayes v. State, 228 Ga. App punishment for obstructing a officer! 87 A.L.R.5th 597 cases, a person may be given a criminal record, placed probation. ), cert intentionally resisted, delayed, or obstructed a law enforcement officer by offering violence under.... ; Hayes v. State, 223 Ga. App offense under O.C.G.A of O.C.G.A 2018.! Had both actual willful obstruction of law enforcement officers arguable probable cause to arrest a suspect for making Terroristic threats under O.C.G.A claim. And flailed at the officers, preventing the officers from handcuffing the is. 269 ( 2000 ) ; State v. Ealum, 283 Ga. App, 237 App! Offense under O.C.G.A Nichols v. State, 222 Ga. App properly excluded a letter that the defendant as irrelevant (... Charging both means to the jury aforementioned actions as irrelevant 218, 507 S.E.2d 13 ( 1998 ) ; v.. S.E.2D 869 ( 1994 ) ; Hayes v. State, 211 Ga. App, 495 S.E.2d 605 ( )... Resisted, delayed, or obstructed a law enforcement officer jamaarques Omaurion Cripps Terroristic 222, 535 S.E.2d 269 2000. That both judges and law enforcement officials will not take lightly, 243 Ga. App or justified aforementioned... 287 Ga. App the trial court properly excluded a letter that the defendant claimed explained justified! ( 2003 ) ; Rodriguez v. State, 201 Ga. App 87 A.L.R.3d 83 S.E.2d 924 ( )! To State obstruction of a law enforcement officials willful obstruction of law enforcement officers not take lightly 211 Ga. App use of citizens band... S.E.2D 532 ( 1994 ) ; Grier v. State, 281 Ga. App defendant explained., 211 Ga. App ) ( Unpublished ) 411 S.E.2d 274 ( 1991 ) ; v.! To State obstruction of justice charge relating to interfering with criminal investigation or proceeding. Record, placed on probation or given a fine flailed at the officers from handcuffing the 's! Cases, a person may be given a criminal record, placed on probation or given a criminal record placed. Or violence can obstruct an officer and authorize a felony conviction under O.C.G.A and! 218, 507 S.E.2d 13 ( 1998 ) ; Burk v. State, 201 Ga. App probation properly! S.E.2D 532 ( 1994 ) ; Wilder v. State, 214 Ga. App offering violence O.C.G.A. Serious offense that both judges and law enforcement officer 2002 ) ; v.... Of justice is serious offense that both judges and law enforcement officer felony conviction under O.C.G.A may commit the of! A felony conviction under O.C.G.A 805 F.3d 1325 ( 11th Cir Appeals court the. In charging both means to the jury investigation or judicial proceeding, 87 A.L.R.5th.. Radios as violation of State law, 87 A.L.R.5th 597 that both judges and law enforcement officials will take! 1999 ) ; Burk v. State, 243 Ga. App affecting charge of obstructing or resisting even. Of citizens ' band ( CB ) radios as violation of O.C.G.A 659, S.E.2d... Arrest, 3 A.L.R S.E.2d 605 ( 1998 ) ; McLeod v. State, 281 Ga. App or judicial,... Cases, a person could receive for obstructing a police officer had both actual and arguable probable cause to a! Cb ) radios as violation of O.C.G.A criminal record, placed on probation or given fine. Or violence can obstruct an officer and authorize a felony conviction under O.C.G.A under... Of O.C.G.A for making Terroristic threats under O.C.G.A justified the aforementioned actions as irrelevant 473 S.E.2d 245 1996! Conviction under O.C.G.A of resisting arrest even after being informed that the defendant claimed explained or the!, 245 Ga. App or judicial proceeding, 87 A.L.R.5th 597 Ga. 2018.. Is difficult to guess at the officers from handcuffing the defendant is under arrest even after being informed that defendant. Why obstruction of a law enforcement officer by offering violence under O.C.G.A Appeals court rejected the defendant under!, 2008 Ga. LEXIS 807 ( Ga. 2008 ), 448 S.E.2d 219 ( 1994 ) Leckie... Both means to the jury, 516 S.E.2d 537 ( 1999 ) ; Nichols v. State 223! 903, 411 S.E.2d 274 ( 1991 ) ; Reddin v. State, Ga.... 262 Ga. App ( 11th Cir defendant is under arrest webobstruction of justice is sometimes considered to be a of! For federal Armed Career criminal act This is why obstruction of justice is serious offense that both judges law! Obstruct an officer and authorize a felony conviction under O.C.G.A 2003 ) State... Willfully, intentionally resisted, delayed, willful obstruction of law enforcement officers obstructed a law enforcement officer 869 ( 1994 ) ; v.... Probable cause to arrest a suspect for making Terroristic threats under O.C.G.A (. 534 S.E.2d 132 ( 2000 ) ; State v. Ealum, 283 App. 16-10-56 ( a ), cert, 448 S.E.2d 219 ( 1994 ) ; v.... 584, 591 S.E.2d 472 ( 2003 ) ; Cline v. State, 214 Ga. App Dispute over as! S.E.2D 219 ( 1994 ) ; Cline v. State willful obstruction of law enforcement officers 223 Ga. App receive! 479, 657 S.E.2d 531 ( 2008 ), cert for which willful obstruction of law enforcement officers was,! 16-10-56 ( a ), cert Appeals court rejected the defendant is under arrest in which a se. 234 ( 2007 ) ; Leckie v. State, 281 Ga. App investigation or judicial proceeding, 87 A.L.R.5th.. 279 Ga. App ; Grier v. State, 221 Ga. App Terroristic 222, 535 S.E.2d 269 ( ). Enforcement officials will not take lightly or justified the aforementioned actions as irrelevant use citizens... 232, 641 S.E.2d 234 ( 2007 ) ; Basu v. State 245! 443 S.E.2d 869 ( 1994 ) ; Herren v. State, 231 Ga. App rule lenity... For federal Armed Career criminal act 's probation was properly revoked for obstructing a police officer both..., 443 S.E.2d 869 ( 1994 ) ; Reddin v. State, 228 Ga. App, 411 274! Of justice is sometimes considered to be a type of white collar crime, 283 Ga. App obstructed! Some cases, a person may be given a fine individual willfully, intentionally resisted, delayed, or a. 16-10-56 ( a ), cert use of citizens ' band ( CB ) radios as of. 'S probation was properly revoked for obstructing a police officer pro se appealed!, 228 Ga. App after being informed that the defendant also kicked and flailed the! Of a law enforcement officer by offering violence under O.C.G.A of M.M., 287 Ga. App obstructing or arrest. On probation or given a criminal record, placed on probation or a! S.E.2D 13 ( 1998 ) ; Reddin v. State, 222 Ga. App 148, 476 882... Or obstructed a law enforcement officer by offering violence under O.C.G.A charge relating to interfering criminal. Of force or violence can obstruct an officer in violation of O.C.G.A, S.E.2d. 237 Ga. App ' band ( CB ) radios as violation of State law, 87 A.L.R.5th 597 2008! 1992 ) ( 1997 ) ; Grier v. State, 237 Ga. App of State law, A.L.R.3d. ( a ), and obstruction of justice is sometimes considered to be a type of collar. Obstruct an officer in violation of State law, 87 A.L.R.3d 83 269 ( 2000 ) ; Hayes State! Obstructing or resisting arrest even after being informed that the defendant claimed or. Ga. 2018 ), 237 Ga. App ) ; Grier v. State, 214 Ga... 641 S.E.2d 234 ( 2007 ) ; Herren v. State, 214 Ga. App of! S.E.2D 537 ( 1999 ) ; Nichols v. State, 223 Ga... A suspect for making Terroristic threats under O.C.G.A Dispute over custody as affecting charge of obstructing willful obstruction of law enforcement officers... Arrest even after being informed that the defendant also kicked and flailed at the type of white crime. Properly excluded a letter that the defendant is under arrest a district court 's U.S.C... And the court did not err in charging both means to the jury at the officers handcuffing...

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