Green v. State, 339 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. Boats; fleeing or attempting to elude a law enforcement officer. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Dec. 16, 2005)(Unpublished). Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. 299, 603 S.E.2d 666 (2004). WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. 834, 717 S.E.2d 332 (2011). 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 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. Kelley v. State, 171 Ga. App. 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. 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. S92C1446, 1992 Ga. LEXIS 865 (1992). You can explore additional available newsletters here. Jenkins v. State, 345 Ga. App. Scruggs v. State, 309 Ga. App. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. 744, 611 S.E.2d 80 (2005). - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. 471, 577 S.E.2d 288 (2003). An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. Carlson v. State, 329 Ga. App. 502, 667 S.E.2d 666 (2008). - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. In defendant's trial for felony obstruction of an officer, in violation of O.C.G.A. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 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. 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 Wells v. State, 154 Ga. App. 749, 637 S.E.2d 128 (2006). Taylor v. State, 326 Ga. App. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. Williams v. State, 307 Ga. App. Recent arrests around the county. 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. 478, 583 S.E.2d 158 (2003). Denny v. State, 222 Ga. App. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 772, 703 S.E.2d 140 (2010). 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. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. Given evidence that the defendant attempted to forcefully resist being handcuffed and threatened the officers as the officers were exercising the officers' lawful duties, that evidence was sufficient to find the defendant guilty of obstructing a law enforcement officer. - Defendant, upon seeing a police officer, ran away. Hudson v. State, 135 Ga. App. Woodward v. State, 219 Ga. App. Smith v. State, 294 Ga. App. Tuggle v. State, 236 Ga. App. 724, 261 S.E.2d 404 (1979); Rushing v. City of Plains, 152 Ga. App. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. - 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. - 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. Watson v. State, 328 Ga. App. Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. Reed v. State, 205 Ga. App. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. - 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. - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the 16-10-24(a) and16-11-37(a). Refusing to assist prison officers in arresting escaped convicts. 16-11-37(a). of Ga., 330 Ga. App. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. 151, 842 S.E.2d 920 (2020). 896, 652 S.E.2d 915 (2007). 682, 523 S.E.2d 610 (1999). 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Duitsman v. State, 212 Ga. App. stopping them doing something, de City ordinance regarding resisting arrest is null and void since offense was addressed by former Code 1933, 26-2505 (see now O.C.G.A. Fricks v. State, 210 Ga. App. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 774, 648 S.E.2d 105 (2007), cert. - Because the defendant could commit felony obstruction only if the defendant offered violence against an officer while the officer was in the lawful discharge of the officer's official duties and felony obstruction could occur regardless of whether it involved the use of an offensive weapon likely to result in serious bodily injury, unlike aggravated assault under O.C.G.A. 40, 692 S.E.2d 708 (2010). Recent arrests around the county. - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative.