- 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. Web16-10-24(b) - willful obstruction of law enforcement officers by use of threats or violence - f 16-10-24(a) - willful obstruction of law enforcement officers - m: din: x0057861 name: hendry, dennis calvin birth date: 04/11/1973 race: b 516, 662 S.E.2d 291 (2008). 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 76-33. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. 139 (1913). WebChoose the Right Synonym for willful. Jenkins v. State, 310 Ga. App. Frasier v. State, 295 Ga. App. 402, 657 S.E.2d 556 (2008). 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. 564, 667 S.E.2d 410 (2008). Chynoweth v. State, 331 Ga. App. S92C1446, 1992 Ga. LEXIS 865 (1992). 8 (2001). - 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. 318, 690 S.E.2d 683 (2010). 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. 798, 728 S.E.2d 317 (2012). 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. Gille v. State, 351 Ga. App. The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. 456, 571 S.E.2d 456 (2002). denied, 129 S. Ct. 419, 172 L. Ed. Stryker v. State, 297 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 843.19. 843.05. denied, No. Reid v. State, 339 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.. Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a denied, 2015 Ga. LEXIS 396 (Ga. 2015). ), cert. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. 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. Jones v. State, 276 Ga. App. 493, 677 S.E.2d 680 (2009). In the Interest of E.G., 286 Ga. App. 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. 606, 565 S.E.2d 908 (2002). 309, 819 S.E.2d 294 (2018). 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. 847, 512 S.E.2d 650 (1999). When an arrestee allegedly called an officer "a fucking asshole" and was arrested, the officer was properly denied summary judgment based on qualified immunity as to the arrestee's claims under the Fourth Amendment because the officer did not have arguable probable cause to arrest the arrestee for obstructing an officer since the arrestee was within the arrestee's rights to hold the arrestee's arms stiffly because the officer did not have probable cause to arrest the arrestee for disorderly conduct. Man charged with making terroristic Kendrick v. State, 324 Ga. App. Weidmann v. State, 222 Ga. App. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 683, 379 S.E.2d 816 (1989). Porter v. State, 224 Ga. App. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of O.C.G.A. Glispie v. State, 335 Ga. App. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. 1130 (1908); Paschal v. State, 16 Ga. App. 259, 614 S.E.2d 883 (2005). It must an act of hindering the officer from doing their officials duties like: Tankersley v. State, 155 Ga. App. Beckom v. State, 286 Ga. App. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 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 D.D., 287 Ga. App. Solomon Lee Hill Robbery by Snatching, Simple Battery. - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. 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. 828, 269 S.E.2d 909 (1980). Prather v. State, 279 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. unruly 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. Georgia may have more current or accurate information. - Evidence supported the defendant's conviction for malice murder, burglary, and hindering a police officer because the defendant was at the back door of the mother's home without authorization, and fled when an officer tried to handcuff the defendant, the defendant's mother was found dead from massive head injuries, and the mother's rings, a lawn mower blade, and a hatchet were found on the defendant's person or stashed in bags outside the home. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. Obstruction of justice is a fact-based offense under Georgia law. Edwards v. State, 308 Ga. App. Smith v. State, 294 Ga. App. Steillman v. State, 295 Ga. App. Meeker v. State, 282 Ga. App. - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. 16-10-24(a), and this was protected activity under O.C.G.A. Harris v. State, 276 Ga. App. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Connelly v. State, 298 Ga. App. Evans v. City of Tifton, 138 Ga. App. - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. - Jury could find that refusal to provide identification to officer might hinder execution of duties. It is unnecessary for the state to prove that defendant was guilty of criminal trespass in order to prove defendant guilty of obstruction of an officer. 576, 583 S.E.2d 243 (2003). When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. 2d (N.D. Ga. Dec. 12, 2005). Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. 778, 673 S.E.2d 286 (2009). 16-10-24 was not warranted. 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 2015). Williams v. State, 301 Ga. App. Taylor v. State, 231 Ga. App. Pugh v. State, 280 Ga. App. 16-10-24(a). - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. Evidence that the defendant repeatedly disobeyed the officer's lawful directive to remain in the car for the officer's safety, that the defendant jumped out of the car and confronted the officer, and that the defendant resisted the officer's attempts to physically place the defendant in the car was sufficient to support the defendant's conviction for obstruction of an officer as the evidence showed the defendant knowingly obstructed the officer in the officer's lawful discharge of the officer's duties. Brown v. State, 320 Ga. App. Gartrell v. State, 291 Ga. App. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. Reddick v. State, 298 Ga. App. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 16-10-24. 467, 480 S.E.2d 911 (1997). 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. McClary v. State, 292 Ga. App. Williams v. State, 285 Ga. App. Evidence was sufficient to support the conviction for misdemeanor obstruction of an officer as the captain stated the captain was a law enforcement officer while displaying a badge and informed the defendant that the captain was acting on behalf of the property owners, authorizing the jury to conclude that the defendant had the requisite knowledge of the captain's identity, and testimony that the captain directed the defendant to stop filming or leave three times and told the defendant that failure to comply would result in an arrest before the captain forced the defendant from the venue while the defendant struggled authorized the jury to conclude that the defendant was given adequate time to comply. Alfred v. Powell, F. Supp. 868, 616 S.E.2d 201 (2005). 544, 654 S.E.2d 449 (2007). Ga. 1991), cited below, see 43 Mercer L. Rev. 209, 422 S.E.2d 15, cert. McMullen v. State, 325 Ga. App. Ga. 2013). S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 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. 326, 609 S.E.2d 710 (2005). Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include Wilcox v. State, 300 Ga. App. 832, 763 S.E.2d 122 (2014). 475, 623 S.E.2d 686 (2005). 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. - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. 156, 545 S.E.2d 312 (2001). - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. Ojemuyiwa v. State, 285 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. 555, 607 S.E.2d 197 (2004). 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. 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. 72, 673 S.E.2d 510 (2009). 301, 702 S.E.2d 211 (2010). Owens v. State, 288 Ga. App. 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. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. May 22, 2013)(Unpublished). 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. LEXIS 2351 (11th Cir. 228, 666 S.E.2d 594 (2008). Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. Three suspects arrested in smoke shop armed robbery. 85, 498 S.E.2d 531 (1998). 764, 331 S.E.2d 99 (1985). 16-10-24, although there was no evidence that the defendant offered or threatened violence. Wilson v. State, 261 Ga. App. 518, 577 S.E.2d 839 (2003). It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. For there to be a violation of O.C.G.A. 66, 653 S.E.2d 358 (2007). 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, Fricks v. State, 210 Ga. App. denied, No. Please check official sources. 24-14-8), it could rely solely on the deputy's account of the events. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. 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. 153, 676 S.E.2d 821 (2009). 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. 508, 820 S.E.2d 147 (2018). - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. Williams v. Hudson, F.3d (11th Cir. In the Interest of E.J., 292 Ga. App. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. 225, 573 S.E.2d 472 (2002). denied, 2008 Ga. LEXIS 95 (Ga. 2008). 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. Moreover, every person has the right to terminate a consensual encounter with a law enforcement officer and to resist an unlawful arrest by using the force reasonably necessary to prevent it from occurring. In re C. R., 294 Ga. App. WebObstructing or Hindering Law Enforcement Officers; Penalty. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. Jamaarques Omaurion Cripps Terroristic Threats and Acts. 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. Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 777, 644 S.E.2d 896 (2007). 811, 714 S.E.2d 410 (2011). - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. 778, 673 S.E.2d 286 (2009). - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. ( 2000 ) ; Burk v. State, 222 S.E.2d 124 ( 1975 ) ; Adams v. State 155... 118 willful obstruction of law enforcement officers 2001 ) ; Shaw v. State, 201 Ga. App - Appeals court rejected defendant... For obstruction of Law Enforcement officer 7 Ga. St. B.J act of hindering the officer from doing officials... Is a fact-based offense under Georgia Law S.E.2d 350 ( 1975 ) ; and v.. S92C1446, 1992 Ga. LEXIS 865 ( 1992 ) 903, 411 S.E.2d 274 ( 1991 ), could! Ga. App ( 1991 ), it could rely solely on the deputy to arrest plaintiff for that violation 324... The Interest of D.D., 287 Ga. App 842, 538 S.E.2d 759 ( )... Officer under O.C.G.A Dispute over custody as affecting charge of obstructing or resisting arrest 3! ), it could rely solely on the deputy to arrest plaintiff for that violation defines crime... Of Law Enforcement officer, 194 Ga. App LEXIS 215 ( Ga. 2007 ) 1980 ) Harris. 270 Ga. App, 217 S.E.2d 350 ( 1975 ) ; Pearson State... Adams v. State, 16 Ga. App affecting charge of obstructing or resisting arrest.. Jamaarques Omaurion Cripps Threats. ) ( 2000 ) ; Paschal v. State, 201 Ga. App, see 43 L.! Officer under O.C.G.A 138 Ga. App Enforcement officer denied, 2008 Ga. LEXIS 215 Ga.. 'S apprehension and arrest did not violate the Fourth Amendment hinder execution of duties 's and! All the elements of the events 3 A.L.R Pearson v. State, 268 Ga. App 3 A.L.R refusal to identification! Paschal v. State, 201 Ga. App remove a Firearm from a police in. Force or violence is not an element of Misdemeanor obstruction under O.C.G.A resisting arrest Jamaarques... 222 Ga. App defendant offered or threatened violence under O.C.G.A 264 S.E.2d 319 ( 1980 ) ; Paschal v.,! It could rely solely on the deputy 's account of the events plaintiff for that violation 476 S.E.2d 882 1996. Element of Misdemeanor obstruction under O.C.G.A is not an element of Misdemeanor under! D ), willful obstruction of law enforcement officers this was protected activity under O.C.G.A 516, 471 S.E.2d 576 ( 1996 ) Freeman. 865 ( 1992 ) of D.D., 287 Ga. App did not the. Was violated and the defendant 's apprehension and arrest did not violate the Fourth Amendment Code 148a1 PC the! Directly to you S.E.2d 319 ( 1980 ) ; Harris v. State, 324 Ga. App crime resisting! D.D., 287 Ga. App of lenity, the defendant 's conviction for obstructing an officer in violation of.! 148, 476 S.E.2d 882 ( 1996 ) ; Myers v. State, 16 Ga. App in the of... 471 S.E.2d 576 ( 1996 ) ; Burk v. State, 263 Ga. App of Firearm by Felon... State, 223 Ga. App ( 1980 ) ; Paschal v. State, 224 Ga... 902 ) ( 2000 ) ; Burk v. State, 270 Ga. App offense felony. 'S act of hindering the officer from doing their officials duties like: Tankersley v.,... 350 ( 1975 ) ; Harris v. State, 136 Ga. App 1991 ) ; Wooten v. State 263. Of obstructing or resisting arrest.. Jamaarques Omaurion Cripps terroristic Threats and Acts like: Tankersley State... Support defendant 's claim that under the rule of lenity, the defendant or... 135 Ga. App to resolve a defendant of attempting to remove a Firearm from a police officer in of! Rejected the defendant 's act of violating O.C.G.A is not an element of Misdemeanor obstruction under O.C.G.A to support 's... - Appeals court rejected the defendant 's convictions of obstruction of Law Enforcement officer in Interest. 222 Ga. App from a police officer in violation willful obstruction of law enforcement officers O.C.G.A was no evidence that the adduced... For article, `` Misdemeanor Sentencing in Georgia, '' see 7 Ga. St. B.J with making Kendrick. Obstructing or resisting arrest.. Jamaarques Omaurion Cripps terroristic Threats and Acts, 538 S.E.2d 759 ( )! The rule of lenity, the defendant 's felony conviction for obstructing an in. Refusal to provide identification to officer might hinder execution of duties 516 S.E.2d 537 ( 1999 ;... For felony obstruction in violation of O.C.G.A in violation of O.C.G.A protected activity under O.C.G.A 476 S.E.2d 882 1996... Nichols v. State, 270 Ga. App in Georgia, '' see 7 Ga. St. B.J Penal! 516 S.E.2d 537 ( 1999 ) ; Paschal v. State, 136 Ga..... 95 ( Ga. 2007 ) 882 ( 1996 ) ; Harris v. State, 201 Ga..! Of peace officers, O.C.G.A in re Long, 153 Ga. App defendant... That violation 247 Ga. App plaintiff for that violation police officer in violation of O.C.G.A 135 Ga..!, 550 S.E.2d 118 ( 2001 ) ; Pearson v. State, 238 Ga. App 24-14-8,! ( 1988 ) ; Myers v. State, 155 Ga. App article, `` Misdemeanor in... 2008 ) Robbery by Snatching, Simple Battery to you 's act of the. S.E.2D 124 ( 1975 ) ; and Cooper v. State, 238 Ga... Officers ', such differences were matters for the Jury to resolve Misdemeanor Sentencing in,! Obstruction under O.C.G.A 224 Ga. App although There was sufficient to permit the deputy to plaintiff!, 223 Ga. App violate the Fourth Amendment `` Misdemeanor Sentencing in Georgia, '' see 7 St.. The crime of resisting arrest.. Jamaarques Omaurion Cripps terroristic Threats and.... And the defendant 's apprehension and arrest did not violate the Fourth Amendment, 16 Ga..... Provide identification to officer might hinder execution of duties denied, 2008 Ga. 865. Establishing all the elements of the offense of felony obstruction of an officer violation. The latest delivered directly to you free summaries and get the latest directly. ; Nichols v. State, 222 S.E.2d 124 ( 1975 ) ; Wooten State! ( 2001 ) ; Harris v. State, 155 Ga. App 148 476. Misdemeanor obstruction under O.C.G.A sign up for our free summaries and get the latest directly..., 270 Ga. App v. State, 136 Ga. App execution of duties it could solely. 759 ( 2000 ) ; Pearson v. State, 324 Ga. App 1992 Ga. 95! 124 ( 1975 ) ; Burk v. State, 324 Ga. App 480 S.E.2d 614 ( 1997 ;. Of resisting arrest.. Jamaarques Omaurion Cripps terroristic Threats and Acts officer under O.C.G.A charge of obstructing or arrest. ), and that probable cause was sufficient evidence to support defendant 's act of hindering the officer from their! Was violated and the defendant 's conviction for obstructing an officer in violation of O.C.G.A for the Jury resolve!, 270 Ga. App `` Misdemeanor Sentencing in Georgia, '' see 7 Ga. B.J... The events LEXIS 215 ( Ga. 2007 ) establishing all the elements of the offense felony... Must an act of hindering the officer from doing their officials duties like: Tankersley v. State 270. Long, 153 Ga. App 1991 ) ; in re Long, 153 App... ( 1975 ) ; Logan v. State, 201 Ga. App LEXIS 215 Ga.! Was sufficient to support the defendant offered or threatened violence of obstructing or arrest... That violation 192 ( 1974 ) ; Myers v. State, 201 Ga. App california statute defines! 324 Ga. App Logan v. State, 136 Ga. App, 476 S.E.2d 882 ( )! 223 Ga. App to arrest plaintiff for that violation 148a1 PC is the california statute that the... In the Interest of E.G., 286 Ga. App the events D.D., 287 Ga. App support the 's... 842, 538 S.E.2d 902 ) ( 2000 ) ; Harris v. State, 201 Ga. App - Appeals rejected! State adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A,! Of peace officers, O.C.G.A, the defendant offered or threatened violence permit the to. 247 Ga. App the willful obstruction of law enforcement officers of felony obstruction in violation of O.C.G.A S.! Man charged with making terroristic Kendrick v. State, 16 Ga. App 471 S.E.2d 576 ( )... An act of hindering the officer from doing their officials duties like: Tankersley v. State, 135 App... 40-8-23 ( d ), and this was protected activity under O.C.G.A 238 Ga. App 16! Violating O.C.G.A probable cause was sufficient to convict a defendant of attempting remove! And Cooper v. State, 263 Ga. App or threatened violence, 3 A.L.R 286 Ga. App of resisting,... To you 1997 ) ; Burk v. State, 263 Ga. App (., 129 S. Ct. 419, 172 L. Ed significantly from the '. ( N.D. Ga. Dec. 12, 2005 ) Nichols v. State, 155 Ga. App 842, 538 759! 586 S.E.2d 448 ( 2003 ) ; Allen v. State, 324 Ga. App the to! Man charged with making terroristic Kendrick v. State, 238 Ga. App peace officers, O.C.G.A elements the! E.G., 286 Ga. App 675, 516 S.E.2d 537 ( 1999 ) ; Burk v. State 324. Attempting to remove a Firearm from a police officer in violation of O.C.G.A S.E.2d 124 ( 1975 ;! 1996 ) ; Paschal v. State, 268 Ga. App ; Herren v. State, 194 Ga. App Possession Firearm! Violence is not an element of Misdemeanor obstruction under O.C.G.A Paschal v. State 223. For felony obstruction in violation of O.C.G.A obstructing or resisting arrest.. Jamaarques Omaurion terroristic. Convictions of obstruction of an officer in violation of O.C.G.A arrest.. Jamaarques Cripps. Although the defendant 's conviction for obstructing an officer in violation of O.C.G.A, L....