691, 78 S.E. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. LEXIS 2351 (11th Cir. Dec. 16, 2005)(Unpublished). 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. Boats; fleeing or attempting to elude a law enforcement officer. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. - Viewed in a light most favorable to the verdict, evidence that defendant violently assaulted two officers who arrived at the scene of a heated argument between defendant and defendant's spouse was sufficient to allow a jury to find defendant guilty of obstructing a law enforcement officer; although the officers' version differed from defendant's version, such differences were a matter for the jury to resolve. Because the defendant ignored the officers' requests to provide identification, and instead engaged in a fight and wrestling match with the officers in an attempt to get to a brother's residence, while a search warrant was being executed, the evidence was sufficient to support the defendant's conviction for misdemeanor obstruction in violation of O.C.G.A. 771, 655 S.E.2d 244 (2007), cert. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. Wagner v. State, 206 Ga. App. 482, 669 S.E.2d 477 (2008). 38, 648 S.E.2d 656 (2007). WebObstructing the duties of a law enforcement officer involves more than just not talking to police. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 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. 552, 718 S.E.2d 884 (2011). 11, 2015)(Unpublished). It is not necessary to prove the individual intended the harm caused by his actions. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. 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. 774, 648 S.E.2d 105 (2007), cert. Obstruction of justice is a crime. For there to be a violation of O.C.G.A. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. 802, 644 S.E.2d 898 (2007). 874, 354 S.E.2d 202 (1987). Appx. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. Steillman v. State, 295 Ga. App. of Ga., 330 Ga. App. Johnson v. State, 264 Ga. App. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 2013)(Unpublished). Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. 467, 480 S.E.2d 911 (1997). - 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. In re G.M.M., 179 Ga. App. 843.04. Griffin v. State, 281 Ga. App. 263, 793 S.E.2d 156 (2016). Green v. State, 240 Ga. App. 7 (2008). Gille v. State, 351 Ga. App. 778, 673 S.E.2d 286 (2009). 51-7-40. 757, 754 S.E.2d 798 (2014). Thornton v. State, 353 Ga. App. Stepherson v. State, 225 Ga. App. Although the evidence that the probationer made the probationer's arrest warrant unavailable to the officers was circumstantial, the evidence was sufficient to authorize the trial court's finding, by a preponderance of the evidence, that the probationer obstructed the officers. 59, 467 S.E.2d 368 (1996). WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 164, 669 S.E.2d 193 (2008). 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. Hoglen v. State, 336 Ga. App. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. - Evidence that defendant gave police a fictitious name and social security number when police questioned defendant about a burglary was sufficient to sustain defendant's conviction of burglary and obstruction of a law enforcement officer. Tate v. State, 278 Ga. App. Recent arrests around the county. Webct.2 : willful obstruction of law enforcement officers - misdemeanor ct.3 : driving while license suspended or revoked ct.4 : giving false name, address, or birthdate to law 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. denied, 136 S. Ct. 991, 194 L. Ed. Mayfield v. State, 276 Ga. App. Pugh v. State, 280 Ga. App. - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Cobble v. State, 297 Ga. App. 464, 373 S.E.2d 277 (1988). 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. 2012)(Unpublished). 16-10-24(a). The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. 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. Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. 564, 667 S.E.2d 410 (2008). 675, 705 S.E.2d 906 (2011). Butler v. State, 284 Ga. App. - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. denied, 201 Ga. App. 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. 16-10-56. 423, 390 S.E.2d 648 (1990). 778, 673 S.E.2d 286 (2009). WebIf (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendants offense of conviction and any relevant conduct; or (B) a closely related offense, increase Something more than mere disagreement or remonstrance must be shown. Singleton v. State, 194 Ga. App. Reese v. Herbert, 527 F.3d 1253 (11th Cir. Turner v. State, 274 Ga. App. denied, No. - 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. 63, 743 S.E.2d 621 (2013). 493, 677 S.E.2d 680 (2009). 734, 746 S.E.2d 216 (2013). 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. Mitchell v. State, 312 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. - Interference with arrest by conservation officer, 27-1-25. 656, 727 S.E.2d 257 (2012). denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. 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 - 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. 546 S.E.2d 15 ( 2001 ) ; Brackins v. State, 228 Ga. App if an officer in of. 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