As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. Wynn v. State, 236 Ga. App. - 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was within the statutory limits set by O.C.G.A. You can explore additional available newsletters here. 20, 2017)(Unpublished). Brown v. State, 163 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. 16-8-7(a) and defendant violently resisted the arrest; the warrantless arrest was supported by probable cause as: (1) an officer observed defendant banging on and breaking into a coin-operated air compressor in the middle of the night; (2) the officer recognized the air compressor as belonging to a gas station; (3) the officer had seen defendant at the gas station less than 24 hours earlier; and (4) defendant refused to provide information that would verify the claim that defendant had lawfully obtained the compressor. 16-10-24(a) as the officer was in the lawful discharge of official duties when the officer asked the juvenile to stop in order to investigate the possibility of truancy pursuant to O.C.G.A. Share this entry 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. - 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. - 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. 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 - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. Duncan v. State, 163 Ga. App. 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. 16-10-24 because the evidence authorized the jury to find that the defendant had obstructed or hindered two officers; there was evidence that although the defendant had been informed of the purpose of the encounter, the defendant persisted in refusing to provide a driver's license, assumed a physically aggressive stance, and refused to comply with commands to stop fighting or resisting, and there also was evidence that after being informed that the defendant was under arrest for obstruction, the defendant physically resisted the arrest. 1563 (M.D. 739, 218 S.E.2d 905 (1975). Avery v. State, 313 Ga. App. 1983. 3, 243 S.E.2d 289 (1978). Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. 11, 635 S.E.2d 283 (2006). - 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. Reynolds v. State, 280 Ga. App. 544, 623 S.E.2d 725 (2005). - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. Brown v. State, 259 Ga. App. Glispie v. State, 335 Ga. App. Injury to the officer is not an element of felony obstruction of an officer. 294, 690 S.E.2d 675 (2010). 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. Alex v. State, 220 Ga. App. 301, 702 S.E.2d 211 (2010). 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 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. Haygood v. State, 338 Ga. App. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. 847, 673 S.E.2d 321 (2009). Wilson v. State, 261 Ga. App. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. Brown v. State, 240 Ga. App. 772, 703 S.E.2d 140 (2010). 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. 133, 486 S.E.2d 368 (1997); Youhoing v. State, 226 Ga. App. - 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. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. 324, 628 S.E.2d 730 (2006). Cason v. State, 197 Ga. App. 1988). 155, 84 S.E. Obstruction can be treated as either a felony or a Jamaarques Omaurion Cripps Terroristic Threats and Acts. An officer testified that if the officer determined, after completing the officer's consent frisk, that the defendant had no weapons, the defendant was free to leave. 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. 746, 660 S.E.2d 841 (2008). Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 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. Spencer v. State, 296 Ga. App. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 2007). The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. It must an act of hindering the officer from doing their officials duties like: 798, 665 S.E.2d 896 (2008). denied, 2008 Ga. LEXIS 95 (Ga. 2008). 263, 793 S.E.2d 156 (2016). Gille v. State, 351 Ga. App. 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. 741, 572 S.E.2d 86 (2002). This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. 607, 602 S.E.2d 327 (2004); Monas v. State, 270 Ga. App. 309, 819 S.E.2d 294 (2018). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 423, 390 S.E.2d 648 (1990). 64, 785 S.E.2d 900 (2016). 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. Jamaarques Omaurion Cripps Terroristic In the Interest of M.P., 279 Ga. App. WebUniversal Citation: GA Code 16-10-24 (2015) (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 in the lawful discharge of his official duties is guilty of a misdemeanor. 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. Tisdale v. State, 354 Ga. App. Stepherson v. State, 225 Ga. App. denied, No. Defendant's conviction for obstruction of an officer under O.C.G.A. 16-10-24 when the district court conducted the court's frivolity review. 2008). 455, 765 S.E.2d 653 (2014). - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Taylor v. State, 349 Ga. App. 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. Mackey v. State, 296 Ga. App. 2d 283 (2012)(Unpublished). Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. 739, 218 S.E.2d 905 (1975). - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. 757, 754 S.E.2d 798 (2014). - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. 16-4-1 and16-10-24(a) and therefore, the seizure of defendant's person was not illegal, and the evidence gathered as a result of the seizure was not suppressed. - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. 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