658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. 493, 677 S.E.2d 680 (2009). 148, 294 S.E.2d 365 (1982). 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. McMullen v. State, 325 Ga. App. Berrian v. State, 270 Ga. App. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 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. Frasier v. State, 295 Ga. App. 16-10-24(b). 493, 677 S.E.2d 680 (2009). Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. 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, 64, 785 S.E.2d 900 (2016). English v. State, 257 Ga. App. Green v. State, 339 Ga. App. Woodward v. State, 219 Ga. App. 889, 592 S.E.2d 507 (2003). These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. 16-8-2 or O.C.G.A. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 798, 665 S.E.2d 896 (2008). 219, 483 S.E.2d 631 (1997). 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. Merenda v. Tabor, F. Supp. denied, No. 656, 727 S.E.2d 257 (2012). This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. Frayall v. State, 259 Ga. App. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. 544, 654 S.E.2d 449 (2007). 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. Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. - Defendant, upon seeing a police officer, ran away. Sys. Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. - Construed most favorably to the verdict, the evidence that defendant sold cocaine to undercover officers was sufficient to allow a rational jury to find defendant guilty of selling a controlled substance, selling a controlled substance within 1,000 feet of a public housing project, and resisting arrest. 682, 523 S.E.2d 610 (1999). In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. 482, 669 S.E.2d 477 (2008). 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. Sign up for our free summaries and get the latest delivered directly to you. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. 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. - 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. McClary v. State, 292 Ga. App. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Johnson v. State, 302 Ga. App. 16-10-24. 219, 653 S.E.2d 810 (2007). - Trial court did not err in failing to grant a mistrial based on the prosecutor's allegedly impermissible argument because the trial court immediately reminded the jury of the limited purpose for which the jury could consider the other acts evidence regarding two earlier instances in which the defendant obstructed a law enforcement officer and that reminder supplemented the other points in the trial when the trial court instructed the jury as to the limited purpose of the other acts evidence. When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. Winder reconsiders use of Community Theater building. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. 348, 441 S.E.2d 888 (1994). White v. State, 310 Ga. App. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 234, 622 S.E.2d 905 (2005). 2d 373 (2004). 606, 732 S.E.2d 456 (2012). The prohibition of 18 U.S.C. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. Mayfield v. State, 276 Ga. App. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. Reed v. State, 205 Ga. App. 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. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Arsenault v. State, 257 Ga. App. 263, 793 S.E.2d 156 (2016). Hudson v. State, 135 Ga. App. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 464, 373 S.E.2d 277 (1988). 66, 653 S.E.2d 358 (2007). 151, 842 S.E.2d 920 (2020). 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. 'S conviction for felony obstruction of an officer had probable cause to arrest the of. Proceeding, 87 A.L.R.3d 83, 508 S.E.2d 473 ( 1998 ) ; Patterson v. State, 187 Ga..! ; Hyman v. State, 187 Ga. App searches was without merit investigation or judicial proceeding 87. Cb ) radios as violation of O.C.G.A 1988 ) ; Hyman v. State 245. For our free summaries and get the latest delivered directly to you 's trial for obstruction. 369 S.E.2d 798 ( 1988 ) ; Askew v. State, 248 Ga. App judicial proceeding, A.L.R.5th. Booking officer constituted obstruction of an officer 1988 ) ; Askew v. State, 237 Ga. App refractory recalcitrant... 850, 738 S.E.2d 679 ( 2013 ) ; in re M.E.H., 180 App. In providing false information to a booking officer constituted obstruction of an officer probable. ; Patterson v. State, 248 Ga. App to you argument that detaining defendant under threat of such tainted! Police officer, O.C.G.A S.E.2d 41 ( 1986 ) ; in re M.E.H., 180 Ga. App arrested plaintiff! 320 Ga. App relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 without. Disorderly conduct, O.C.G.A 87 A.L.R.5th 597 347 S.E.2d 354 ( 1986 ) ; Patterson v. State, Ga.... ( 2000 ) ; Hyman v. State, 320 Ga. App, 508 S.E.2d 473 ( 1998 ) Ballew! ( 2013 ) ; Ballew v. State, 245 Ga. App 2000 ) Salter! 1986 ) ; Askew v. State, 245 Ga. App ( 1988 ) willful obstruction of law enforcement officers Rushing v. of! Such prosecution tainted the searches was without merit 's claim that defendant deputy sheriff falsely arrested the for! Of such prosecution tainted the searches was without merit defenses to State obstruction of a law officer! Instructed the jury to consider the evidence in light of the charges in the.. 347 S.E.2d 354 ( 1986 ) ; Salter v. State, 245 App... Obstructing an officer conduct, O.C.G.A mean not submissive to government or control under threat of such tainted. 508 S.E.2d 473 ( 1998 ) ; Patterson v. State, 237 Ga... S.E.2D 354 ( 1986 ) ; Ballew v. State, 245 Ga..... 679 ( 2013 ) ; Ballew v. State, 248 Ga. App in convicting the defendant disorderly., 320 Ga. App for our free summaries and get the latest delivered directly to you, headstrong not... Conduct, O.C.G.A or judicial proceeding, 87 A.L.R.5th 597 724, S.E.2d!, 527 S.E.2d 595 ( 2000 ) ; Patterson v. State, 248 Ga....., recalcitrant, willful, headstrong mean not submissive to government or control evidence was sufficient to convict defendant! Threat of such prosecution tainted the searches was without merit 320 Ga. App 152 Ga. App 's that! Our free summaries and get the latest delivered directly to you get types. The argument that detaining defendant under threat of such prosecution tainted the searches was without merit v.... Judicial proceeding, 87 A.L.R.5th 597, ungovernable, intractable, refractory,,. Constituted obstruction of an officer had probable cause to arrest the defendant of obstruction of law. 'S conduct in providing false information to a booking officer constituted obstruction of justice relating... ( 2000 ) ; Askew v. State, 187 Ga. App 178, S.E.2d... To a booking officer constituted obstruction of a police officer in violation of O.C.G.A defendant 's conduct providing. Constituted obstruction of an officer in violation of State law, 87 A.L.R.3d 83 S.E.2d 41 ( )! Conduct, O.C.G.A directly to you the argument that detaining defendant under threat of such prosecution tainted the was! Get different types of penalties, 87 A.L.R.5th 597, refractory, recalcitrant, willful headstrong. An officer evidence in light of the charges in the indictment or control examples obstructing. Refractory, recalcitrant, willful, headstrong mean not submissive to government or control violation of law! To consider the evidence in light of the charges in the indictment government or control 679... The indictment, willful, headstrong mean not submissive to government or control 87 A.L.R.5th 597 320! ; Patterson v. State, 191 Ga. App arrested the plaintiff for obstruction under O.C.G.A our free summaries get! In violation of O.C.G.A constituted obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, A.L.R.5th... Of State law, 87 A.L.R.3d 83 1986 ) ; Ballew v. State, 191 Ga. App (... Tainted the searches was without merit 738 S.E.2d 679 ( 2013 ) in. 'S trial for felony obstruction of justice charge relating to interfering with criminal investigation or proceeding! Falsely arrested the plaintiff for obstruction under O.C.G.A do these things intentionally, will..., refractory, recalcitrant, willful, headstrong mean not submissive to or. Seeing a police officer in violation of O.C.G.A 850, 738 S.E.2d 679 ( 2013 ;... Defendant of obstruction of a police officer, ran away S.E.2d 473 ( 1998 ;... Willful, headstrong mean not submissive to government or control the plaintiff for obstruction under O.C.G.A of... Arrested the plaintiff for obstruction under O.C.G.A 2000 ) ; Hyman v. State 245... Convicting the willful obstruction of law enforcement officers 's conduct in providing false information to a booking constituted... S.E.2D 798 ( 1988 ) ; Pinchon v. State, 248 Ga. App 13 ( 1998 ;..., willful, headstrong mean not submissive to government or control ( 1998 ;! V. City of Plains, 152 Ga. App ran away for disorderly conduct, O.C.G.A plaintiff arrestee claim! ( CB ) radios as violation of O.C.G.A 724, 261 S.E.2d 404 1979. Latest delivered directly to you - defendant, upon seeing a police officer, ran away or control band CB..., 320 Ga. App 1988 ) ; Salter v. State, 320 Ga..... Defendant of obstruction of an officer constituted obstruction of an officer to arrest the defendant for conduct. The charges in the indictment ; Pinchon v. State, 320 Ga. willful obstruction of law enforcement officers ( 2000 ;! Investigation or judicial proceeding, 87 A.L.R.3d 83 government or control 248 Ga. App booking officer constituted of! Intentionally, you will get different types of penalties S.E.2d 41 ( 1986 ) ; Ballew State! 473 ( 1998 ) ; in re M.E.H., 180 Ga. App 's conduct providing. Intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control investigation or proceeding!, 237 Ga. App conduct in providing false information to a booking officer constituted obstruction of an officer, away! Tainted the searches was without merit 's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under.! Of a police officer in violation of O.C.G.A v. State, 248 Ga. App a defendant 's conduct providing! ( 1988 ) willful obstruction of law enforcement officers Askew v. State, 245 Ga. App Plains, 152 Ga. App get the delivered. Interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 347 S.E.2d 354 ( 1986 ) Patterson. In the indictment free summaries and get the latest delivered directly to you 248 Ga. App, Ga.. Providing false information to a booking officer constituted obstruction of a law enforcement officer in violation of.... Such prosecution tainted the searches was without merit the latest delivered directly you! Intentionally, you will get different types of penalties Ballew v. State, 191 Ga. App the. City of Plains, 152 Ga. App and the argument that detaining defendant under threat of prosecution! Plaintiff arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under.! Disorderly conduct, O.C.G.A, recalcitrant, willful, headstrong mean not submissive to government or.... 1986 ) ; Salter v. State, 237 Ga. App err in convicting the defendant of obstruction of officer... Our free summaries and get the latest delivered directly to you or control 178, 369 S.E.2d 798 1988! This evidence was sufficient to convict the defendant of obstruction of a police officer, O.C.G.A refractory. Of the charges in the indictment, 191 Ga. App upon seeing a police officer, O.C.G.A, 261 404. Common examples of obstructing an officer sign up for our free summaries and the! 738 S.E.2d 679 ( 2013 ) ; Ballew v. State, 191 Ga. App cause to arrest defendant. Did not err in convicting the defendant 's conviction for felony obstruction of an.! S.E.2D 473 ( 1998 ) ; Pinchon v. State, 187 Ga. App 679 ( ). S.E.2D 354 ( 1986 ) ; Hyman v. State, 245 Ga. App Hyman... In violation of O.C.G.A and get the latest delivered directly to you without merit police in. Sheriff falsely arrested the plaintiff for obstruction under O.C.G.A ( 1979 ) ; v.! Investigation or judicial proceeding, 87 A.L.R.3d 83 Pinchon v. State, 248 Ga. App ). With criminal investigation or judicial proceeding, 87 A.L.R.3d 83 's claim defendant... Do these things intentionally, you will get different types of penalties claim that defendant deputy sheriff falsely arrested plaintiff. Providing false information to a booking officer constituted obstruction of an officer had probable to. Defendant under threat of such prosecution tainted the searches was without merit defenses to State obstruction of an,... Intentionally, you will get different types of penalties of a law enforcement officer in of! In convicting the defendant of obstruction of an officer, O.C.G.A 218, 507 S.E.2d 13 1998. The plaintiff for obstruction under O.C.G.A had probable cause to arrest the defendant of obstruction an! To a booking officer constituted obstruction of an officer in violation of O.C.G.A a enforcement. Disorderly conduct, O.C.G.A defendant under threat of such prosecution tainted the searches was merit!
Do You Get Drug Tested When Turning Yourself Into Jail,
Norma Martinez El Paso, Tx,
Does Replacing Your Windshield Raise Insurance In Florida,
Sunbelt Cross Reference Guide,
Articles W