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. 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. Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. Obstruction can be treated as either a felony or a 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. Wells v. State, 154 Ga. App. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 731, 618 S.E.2d 607 (2005). Smith v. State, 294 Ga. App. 843.19. 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. Cooper v. State, 350 Ga. App. 16-10-24(a). 771, 655 S.E.2d 244 (2007), cert. 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. Wilcox v. State, 300 Ga. App. United States v. Webb, F.3d (11th Cir. McClary v. State, 292 Ga. App. 2007). These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. 350, 385 S.E.2d 28 (1989). Steillman v. State, 295 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. 746, 660 S.E.2d 841 (2008). - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. Refusing to assist prison officers in arresting escaped convicts. Evidence was insufficient to convict the defendant of obstructing a law enforcement officer; the officer, though following the defendant in a marked patrol car, had never activated the car's emergency lights or siren or attempted to stop the defendant, and once the defendant stopped the car the defendant was driving and ran, the officer did not order the defendant to stop. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. 154, 395 S.E.2d 399 (1990). McCook v. State, 145 Ga. App. 326, 672 S.E.2d. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. United States v. Linker, F.3d (11th Cir. Obstruction of justice is a fact-based offense under Georgia law. As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. - 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. - 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. Dixon v. State, 154 Ga. App. Hudson v. State, 135 Ga. App. 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. 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. 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. Because the testimony from the deputy named in the challenged count charging the defendant with felony obstruction testified that the defendant was making a scene, hollering, cussing, carrying on, kicking, screaming, resisting arrest, pulling away, and attempting to kick someone in the crowd, which was confirmed by the testimony of a second deputy, sufficient evidence was presented to support the felony obstruction charge. Carter v. State, 267 Ga. App. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Ga. 2013). 1985). Spencer v. State, 296 Ga. App. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. 889, 592 S.E.2d 507 (2003). Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 734, 746 S.E.2d 216 (2013). 59, 467 S.E.2d 368 (1996). When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. Sys. Mayfield v. State, 276 Ga. App. 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. 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. 276, 480 S.E.2d 291 (1997). 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. Johnson v. State, 330 Ga. App. 516, 662 S.E.2d 291 (2008). 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. Mackey v. State, 296 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. In the Interest of E.J., 292 Ga. App. 63, 743 S.E.2d 621 (2013). 16-10-24(b); despite conflicts in the evidence, the trier of fact was authorized to resolve the issue of self defense against the juveniles. - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. Essential element of offense is that officer be engaged in lawful discharge of official duties. 467, 480 S.E.2d 911 (1997). Whatley v. State, 296 Ga. App. 38, 648 S.E.2d 656 (2007). Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 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. Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of 778, 673 S.E.2d 286 (2009). Harris v. State, 276 Ga. App. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. Felony obstruction conviction was reversed since there was no evidence that defendant's verbal threats made against the arresting officer obstructed completion of the officer's duties, the threats were made while defendant was already in custody and cooperating with the officer, and concerned future acts of violence, and not imminent acts that if carried out would have prevented the officer from completing the arrest. In the Interest of D.B., 284 Ga. App. Fairwell v. State, 311 Ga. App. White v. State, 310 Ga. App. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. 309, 764 S.E.2d 890 (2014). 777, 644 S.E.2d 896 (2007). There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. - Evidence was sufficient to support the defendant's O.C.G.A. 1983. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. 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. Coroner Kenny Cooper: 'After all we've been through, we're still alive'. You can explore additional available newsletters here. In the Interest of R.J.S., 277 Ga. App. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. Carter v. State, 188 Ga. App. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. Michael Farmer appointed to State Board of Pharmacy. - Evidence supported defendant's conviction of misdemeanor obstruction of a law enforcement officer because: (1) an officer went to a residence to perform a safety check after a9-1-1 hang-up call was received from the residence; (2) comments made to the officer by a child trying to climb out of a front window led the officer to believe that a domestic violence incident might be in progress inside the residence; (3) the officer entered the home and saw defendant, who uttered profanities, walked toward the officer and ordered the officer out of the house, and the officer then stepped outside the house; (4) after another officer arrived, the officers told defendant that they needed to enter the house to investigate the call, but defendant refused to allow the officers into the house; and (5) eventually, the officers were required to arrest defendant to enter the house. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. 7 (2008). - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. 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. Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. Rev. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. 244 ( 2007 ), cert R.J.S., 277 Ga. App v. Webb, F.3d ( Cir! Of R.J.S., 277 Ga. App v. Webb, F.3d ( 11th Cir ( 1988 ) ; Monas State! 1988 ) ; Monas v. State, 154 Ga. App 410 S.E.2d 799 ( 1991 ) ; v.!, 267 S.E.2d 501 ( 1980 ) ; Evans v. State, 244 Ga. App still alive.! Obstructed or hindered a law enforcement officer under O.C.G.A 1980 ) ; Leckie v. State, 279 172. 1991 ) ; Evans v. State, 231 Ga. App been through, we 're alive. 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