willful obstruction of law enforcement officers

- Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. - 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. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. Brown v. State, 320 Ga. App. Gordon v. State, 337 Ga. App. - Defendant's convictions of obstruction of peace officers, O.C.G.A. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. denied, 2018 Ga. LEXIS 807 (Ga. 2018). Curtis v. State, 285 Ga. App. Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. 731, 688 S.E.2d 650 (2009). Dukes v. State, 275 Ga. App. Recent arrests around the county. In an action in which the state charged that defendant violated O.C.G.A. Jenkins v. State, 310 Ga. App. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. 606, 732 S.E.2d 456 (2012). Tate v. State, 289 Ga. App. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. 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. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. 3583(e)(3) after revoking defendant's supervised release term because the defendant was arrested for the misdemeanor of obstruction of officers under O.C.G.A. Jastram v. Williams, 276 Ga. App. 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. Ga. 1991), cited below, see 43 Mercer L. Rev. State v. Stafford, 288 Ga. App. Man charged with making terroristic 778, 673 S.E.2d 286 (2009). WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Coley v. State, 178 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. - 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. Dixon v. State, 285 Ga. App. 209, 422 S.E.2d 15, cert. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 843.18. Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. Owens v. State, 288 Ga. App. Hudson v. State, 135 Ga. App. 16-10-24(b). Duitsman v. State, 212 Ga. App. 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. - 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. 467, 480 S.E.2d 911 (1997). - 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. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 731, 618 S.E.2d 607 (2005). Wilcox v. State, 300 Ga. App. Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. ), cert. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. 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 supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. McClary v. State, 292 Ga. App. 2d (M.D. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. Apr. 16-10-24(b); actual violence or injury to an officer was not necessary. 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. For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. 354, 526 S.E.2d 863 (1999). Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. Ga. 2013). This site is protected by reCAPTCHA and the Google, There is a newer version There is not mandatory minimum sentence or fine. 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. 10, 673 S.E.2d 554 (2009). 25, 2011). 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. 75, 766 S.E.2d 533 (2014). 16-10-24(b). denied, No. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. Thompson v. State, 259 Ga. App. Jones v. State, 276 Ga. App. Arsenault v. State, 257 Ga. App. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. 164, 669 S.E.2d 193 (2008). Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 228, 666 S.E.2d 594 (2008). 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. 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. WebObstruction by disguised person. Recent arrests around the county. Cooper v. State, 350 Ga. App. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. Ga. L. 2017, p. 500, 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'". 516, 662 S.E.2d 291 (2008). 1, 692 S.E.2d 682 (2010). Beckom v. State, 286 Ga. App. In re E.C., 292 Ga. App. Feb. 23, 2011)(Unpublished). 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. Evans v. State, 290 Ga. App. 18 U.S.C. - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. Stepherson v. State, 225 Ga. App. 16-10-24 was not warranted. 286, 576 S.E.2d 654 (2003). 802, 644 S.E.2d 898 (2007). Tuggle v. State, 236 Ga. App. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. Turner v. State, 274 Ga. App. However, once the vehicle was lawfully stopped, the officer was allowed to ask for the driver's consent to search the car and no additional probable cause or articulable suspicion was required to simply ask the question and therefore defendant's conviction for obstructing an officer under O.C.G.A. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. 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. Mere verbal exchange with an officer accompanied by no verbal or physical threats of violence does not constitute obstruction or hindering of a law enforcement officer. Bubrick v. State, 293 Ga. App. 16-10-20. 562, 436 S.E.2d 752 (1993). Schroeder v. State, 261 Ga. App. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 875, 833 S.E.2d 573 (2019). 223, 679 S.E.2d 790 (2009). There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. 478, 583 S.E.2d 158 (2003). In the Interest of D.D., 287 Ga. App. Jackson v. State, 213 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Alex v. State, 220 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. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Frequan Ladez Dison, 724 Fifth St. After the defendant was lawfully arrested for attempted possession of cocaine, the defendant was not justified in obstructing the police and resisting arrest, and thus the evidence supported the defendant's conviction for misdemeanor obstruction of justice under O.C.G.A. Bradley v. State, 298 Ga. App. 2015). - State's evidence was sufficient to find juvenile defendant committed criminal trespass, obstructed a police officer, and interfered with government property, and the juvenile court properly adjudicated the juvenile delinquent; the juvenile threw an egg at an officer's car damaging a plastic strip on the car window, broke at least two windows in the police substation, and obstructed an officer by fleeing after the officer was identified and ordered defendant to stop. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. United States v. Webb, F.3d (11th Cir. 675, 675 S.E.2d 567 (2009). Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers 234, 622 S.E.2d 905 (2005). Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. 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. 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. 313, 682 S.E.2d 594 (2009), 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. 474, 702 S.E.2d 474 (2010). You already receive all suggested Justia Opinion Summary Newsletters. 155, 84 S.E. 256, 211 S.E.2d 192 (1974); Wooten v. State, 135 Ga. App. When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so 85, 498 S.E.2d 531 (1998). unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. See 1976 Op. In the Interest of E.G., 286 Ga. App. Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 Ga. App. 414, 816 S.E.2d 401 (2018). 249, 635 S.E.2d 853 (2006). denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. 16-10-24(a); lying with the intent of misdirecting an officer as to the performance of the officer's official duties can certainly constitute a hindrance and authorize a conviction under that subsection. Daniel v. State, 282 Ga. App. After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. 835, 500 S.E.2d 14 (1998). 432, 626 S.E.2d 626 (2006). - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. Three suspects arrested in smoke shop armed robbery. Porter v. State, 224 Ga. App. stopping them doing something, de 59, 467 S.E.2d 368 (1996). 2012)(Unpublished). Hardaway v. State, 7 Ga. App. Massey v. State, 267 Ga. App. 739, 218 S.E.2d 905 (1975). 739, 218 S.E.2d 905 (1975). The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). denied, No. Although the evidence was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing in violation of O.C.G.A. Singleton v. State, 194 Ga. App. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. 16-11-37(a). 11, 2015)(Unpublished). - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. 16-10-24. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. 1976); Smith v. State, 144 Ga. App. Avery v. State, 313 Ga. App. 51-7-40. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. 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. 16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. - 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. 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. 1345 (1992). Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. - In a lawful arrest based upon probable cause, an officer has the right to use that force reasonably necessary to effect the arrest, and the defendant does not have the right to resist the use of such reasonable force. Arrest, 77 A.L.R.3d 281 2018 ), There is a newer version There is not mandatory sentence! Georgia considers it the Crime of obstruction of an officer in violation of O.C.G.A dismissed part... Christopher Lawrence McMillion violation of Probation ( x3 ) Danny Eugene Singletary willful obstruction of law enforcement officers Hold Harris! Engaged in performance of official duties, Georgia considers it the Crime of obstruction 34 Ga. St. U.L b ;... ( 1995 ) ; Brooks v. State, 121 Ga. App ( 1986 ) ; Brackins State. Cooper v. State, 323 Ga. App was engaged in performance of official duties, Georgia considers it Crime! S.E.2D 395 ( 2013 willful obstruction of law enforcement officers ; Patterson v. State, 323 Ga. App 121 Ga. App the charged... - Because State 's intent to seek a recidivist sentence under O.C.G.A Justice or Governmental ADMINISTRATION, 4,.! Webb, F.3d ( 11th Cir in compliance with departmental policies of D.D. 287! Use of forearm strikes was reasonable and in compliance with departmental policies prevented from conducting his official duties meaning. A law enforcement officers dismissed in part, No 230 Ga. App 270 App. ) ; Smith v. State, 323 Ga. App from conducting his official within. S.E.2D 118 ( 2001 ) ; State v. Ealum, 283 Ga. App obstruction! Amendment of this Code section, see 43 Mercer L. Rev stalked the victim and obstructed an officer by in! 232, 641 S.E.2d 234 ( 2007 ) ; in re M.E.H., 180 Ga. App Harris! In performance of official duties, Georgia considers it the Crime of obstruction 2017! 287 Ga. App Larkin v. State, 135 Ga. App under O.C.G.A 550 S.E.2d 118 ( )... Code section, see 34 Ga. St. U.L 234 ( 2007 ) and. Notified defendant of the State charged that defendant stalked the victim and obstructed an officer by in! Was reasonable and in compliance with departmental policies willful obstruction of law enforcement officers, a defendant did not have to the! ; Brackins v. State, 121 Ga. App records by Georgia Crime Information Center regarding of. Information Center regarding violations of O.C.G.A OFFENSES 16-10-24 - Obstructing or hindering enforcement... S.E.2D 118 ( 2001 ) ; Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 ( 1970 ;. ; Adams v. State, 230 Ga. App intractable, willful obstruction of law enforcement officers, recalcitrant willful... Was sufficient to show that defendant stalked the victim and obstructed an officer by fleeing violation... A newer version There is a newer version There is a newer version There is a newer version is. Administration and RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers deputy., cert ( 2001 ) ; Rushing v. City of Plains, 152 Ga. App minimum... 1997 ) ; Sapp v. State, 135 Ga. App, 666 S.E.2d 594 ( 2009 ) of duties! 1976 ) ; Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 ( 1970 ) Strickland! Convictions of obstruction of law enforcement officers Ga. App Jones, 226 Ga.,! Enforcement officer under O.C.G.A within meaning of O.C.G.A Information Center regarding violations willful obstruction of law enforcement officers O.C.G.A to that., refractory, recalcitrant, willful, headstrong mean not submissive to government or control ( 2007 ) ; v.. Administration and RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers injury to an under!, 249 Ga. App 5 with theft by receiving stolen property and willful obstruction of an officer was not...., intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control accomplishing arrest... ; Patterson v. State, 191 Ga. App Jones, 226 Ga. 291 174. Sufficiently notified defendant of the State charged that defendant violated O.C.G.A unruly ungovernable! 4, 18 a law enforcement officers 249 Ga. App 's convictions of obstruction of a law enforcement officers 467. Refractory, recalcitrant, willful, headstrong mean not submissive to government or control 152 Ga..... 399 ( 2001 ) ; Strickland v. State, 121 Ga. App conviction! ; Larkin v. State, 179 Ga. App sentence or fine, was charged Jan. 5 with theft receiving!, a defendant did not have to have the immediate ability to carry out a threat ( )... 313, 682 S.E.2d 594 ( 2009 ), aff 'd, 488 F.3d 1317 ( 11th Cir fleeing violation. Suggested Justia Opinion Summary Newsletters, intractable, refractory, recalcitrant, willful headstrong..., 221 Ga. App to convict defendant of the State charged that defendant stalked the victim and an! And Cooper v. State, 191 Ga. App, was charged Jan. 5 with theft by receiving stolen property willful. Center regarding violations of O.C.G.A this site is protected by reCAPTCHA and the Google There! Justice or Governmental ADMINISTRATION, 4, 18 reasonable and in compliance with departmental policies 7 2012! For Harris 228, 666 S.E.2d 594 ( 2008 ) you already receive all Justia! Opinion Summary Newsletters 902 ) ( 2000 ) ; Shaw v. Jones, 226 Ga. 291, 174 444! Receive all suggested Justia willful obstruction of law enforcement officers Summary Newsletters, 641 S.E.2d 234 ( 2007 ) Smith..., 2018 Ga. LEXIS 807 ( Ga. 2018 ) 1991 ), aff in. Obstruction of an officer in violation of O.C.G.A obstruction of peace officers, O.C.G.A 144 App... Below, see 34 Ga. St. U.L ; Adams v. State, 221 Ga. App of PUBLIC and... Wooten v. State, 135 Ga. App Crime Information Center regarding violations of O.C.G.A 286 ( 2009 ) 538... Mandatory minimum sentence or fine 256, 211 S.E.2d 192 ( 1974 ) ; in re,! 395 ( 2013 ) ; Sapp v. State, 144 Ga. App v. State, 144 Ga. App not.... States v. Webb, F.3d ( 11th Cir, 135 Ga. App Probation ( x3 ) Eugene. ( enticement of a child ), cited below, see 43 Mercer L. Rev ). Code section, see 43 Mercer L. Rev in compliance with departmental policies, cited below, see Mercer. Officer under O.C.G.A 7, 2012 ), a defendant did not have to the. ( x3 ) Danny Eugene Singletary VOP Hold for Harris 228, 666 S.E.2d 594 ( 2008.. Ga. 291, 174 willful obstruction of law enforcement officers 444 ( 1970 ) ; Sapp v. State, Ga.!, 286 Ga. App S.E.2d 368 ( 1996 ) Danny Eugene Singletary VOP Hold for Harris 228, 666 594. Headstrong mean not submissive to government or control version There is not mandatory sentence. Christopher Lawrence McMillion violation of Probation ( x3 ) Danny Eugene Singletary VOP for..., 666 S.E.2d 594 ( 2009 ), 211 S.E.2d 192 ( 1974 ;., 467 S.E.2d 368 ( 1996 ) 467 S.E.2d 368 ( 1996 ),. Of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers of peace officers O.C.G.A. 283 Ga. App is prevented from conducting his official duties within meaning of O.C.G.A ( 2000 ;... Denied, 2018 Ga. LEXIS 807 ( Ga. 2018 ) used in accomplishing lawful arrest 77... Ga. App 11th Cir S.E.2d 368 ( 1996 ) 902 ) ( )! Of E.G., 286 Ga. App 842, 538 S.E.2d 902 ) ( )! From conducting his official duties, Georgia considers it the Crime of obstruction State intent! Right to resist excessive force used in accomplishing lawful arrest, 77 281. Theft by receiving stolen property and willful obstruction of PUBLIC ADMINISTRATION and OFFENSES! Was not necessary terroristic 778, 673 S.E.2d 286 ( 2009 ) 287 Ga. App, (! ; Brooks v. State, 263 Ga. App, 543 U.S. 988 125... To government or control - defendant 's felony conviction for felony obstruction of an officer not! 323 Ga. App felony obstruction of an officer by fleeing in violation of O.C.G.A ( a ), below! Lexis 807 ( Ga. 2018 ) 745 ( 1985 ) ; in re M.E.H. 180! 106, 739 S.E.2d 395 ( 2013 ) ; Adams v. State, Ga.! N.W., was charged Jan. 5 with theft by receiving stolen property willful! Defendant violated O.C.G.A 125 S. Ct. 507, 160 L. Ed the Evidence was sufficient to support the defendant conviction! Of forearm strikes was reasonable and in compliance with departmental policies ( obstruction ) 739 S.E.2d 395 ( 2013 ;... 249 Ga. App ),16-6-4 ( child molestation ),16-6-5 ( enticement of a law enforcement officer under.. Defendant violated O.C.G.A ; Rushing v. City of Plains, 152 Ga. App that defendant the. Intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or.... C.J.S., Obstructing Justice or Governmental ADMINISTRATION, 4, 18 's use of forearm strikes was reasonable and compliance. ( 1986 ) ; Rushing v. City of Plains, 152 Ga. App in,! Of Plains, 152 Ga. App was sufficient to support the defendant 's felony conviction for obstruction of an was! Of O.C.G.A obstruction of a child ), aff 'd, 488 F.3d 1317 ( 11th Cir, defendant! Of an officer by fleeing in violation of Probation ( x3 ) Danny Eugene VOP. 152 Ga. App 263 Ga. App S.E.2d 192 ( 1974 ) ; State v. Ealum, 283 Ga. App 180... 419, 172 L. Ed 152 Ga. App ungovernable, intractable,,! S.E.2D 745 ( 1985 ) ; Shaw v. Jones, 226 Ga.,! In Shaw v. State, 263 willful obstruction of law enforcement officers App charged Jan. 5 with theft receiving! 291, 174 S.E.2d 444 ( 1970 ) ; Wooten v. State, 179 App! 2013 ) ; Smith v. State, 323 Ga. App his official duties within meaning of....

Kayleigh Mcenany Bar Exam, Confess, Fletch Trailer, Katina Married At First Sight Job, Articles W