A person likewise may resist an officers unlawful entry into a persons home. 423, 677 S.E.2d 439 (2009). denied, 2008 Ga. LEXIS 274 (Ga. 2008). 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. Sys. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. - Former Code 1933, 26-2505 (see now O.C.G.A. Williams v. State, 192 Ga. App. 511, 583 S.E.2d 172 (2003). Evans v. State, 290 Ga. App. Hamm v. State, 259 Ga. App. 233, 651 S.E.2d 155 (2007), cert. 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. Kendrick v. State, 324 Ga. App. - Evidence supported defendant's conviction of misdemeanor obstruction of a law enforcement officer because: (1) an officer went to a residence to perform a safety check after a9-1-1 hang-up call was received from the residence; (2) comments made to the officer by a child trying to climb out of a front window led the officer to believe that a domestic violence incident might be in progress inside the residence; (3) the officer entered the home and saw defendant, who uttered profanities, walked toward the officer and ordered the officer out of the house, and the officer then stepped outside the house; (4) after another officer arrived, the officers told defendant that they needed to enter the house to investigate the call, but defendant refused to allow the officers into the house; and (5) eventually, the officers were required to arrest defendant to enter the house. Wilcox v. State, 300 Ga. App. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). S92C1446, 1992 Ga. LEXIS 865 (1992). The trial court instructed the jury to consider the evidence in light of the charges in the indictment. The prohibition of 18 U.S.C. Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. - 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. - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. With regard to a defendant's convictions for obstruction of a police officer and other related crimes, there was sufficient evidence to support the convictions based on the single testimony of the officer involved. 777, 644 S.E.2d 896 (2007). Publishing name and address of law enforcement officer. - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. 811, 714 S.E.2d 410 (2011). There is not mandatory minimum sentence or fine. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. 92, 640 S.E.2d 673 (2006). Carter v. State, 188 Ga. App. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. - 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. Arnold v. State, 315 Ga. App. Thomas v. State, 322 Ga. App. 564, 667 S.E.2d 410 (2008). The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. 467, 480 S.E.2d 911 (1997). Because sufficient evidence was presented that the defendant physically assaulted an off-duty sheriff's officer prior to arrest and continued to resist and obstruct the officer's official duties thereafter, the defendant was properly denied an acquittal and a new trial; moreover, given that the trial court properly charged the jury on the obstruction offense, explaining that a person committed the offense by knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of that officer's official duties, nothing beyond such was required. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. unruly - 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. Woodward v. Gray, 241 Ga. App. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. Chynoweth v. State, 331 Ga. App. 252, 836 S.E.2d 541 (2019). 24-9-84.1(a)(1) (see now O.C.G.A. Lee v. State, 347 Ga. App. 294, 690 S.E.2d 675 (2010). 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, 51-7-40. 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). Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. 326, 672 S.E.2d. 75, 766 S.E.2d 533 (2014). - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. Lord v. State, 276 Ga. App. 16-10-24(b), and because the two defined crimes 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. 12, 739 S.E.2d 32 (2013). Chisholm v. State, 231 Ga. App. 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. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. 412, 577 S.E.2d 85 (2003). 866, 589 S.E.2d 631 (2003). For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. Jamaarques Omaurion Cripps Terroristic Threats and Acts. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). 223, 679 S.E.2d 790 (2009). Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. Green v. State, 240 Ga. App. Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. 189, 789 S.E.2d 404 (2016). Wilson v. Attaway, 757 F.2d 1227 (11th Cir. LEXIS 2351 (11th Cir. - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. Hughes v. State, 323 Ga. App. 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Todd v. Byrd, 283 Ga. App. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. 2d 283 (2012)(Unpublished). 731, 688 S.E.2d 650 (2009). 16-10-24. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. English v. State, 257 Ga. App. Rev. 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. Feb. 23, 2011)(Unpublished). 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. - Evidence that the handcuffed defendant kicked at the arresting officer and threatened to break the officer's leg was sufficient to convict defendant of felony obstruction, as the jury could have reasonably found that the threat of violence and attempts to kick the officer tended to hinder and impede the officer's efforts to secure defendant. 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. Jamaarques Omaurion Cripps Terroristic Threats and Acts. denied, 136 S. Ct. 991, 194 L. Ed. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. When a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer. 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. This site is protected by reCAPTCHA and the Google, There is a newer version In the prosecution on charges of interference with government property and obstruction of a law enforcement officer, the trial court did not err in admitting evidence of the defendant's 1993 interference with government property conviction; a new trial was properly denied because the evidence was properly admitted, not as substantive evidence of the offense at issue, but only as to the issue of credibility, providing support for admission of the evidence. Merenda v. Tabor, F. Supp. 74, 625 S.E.2d 485 (2005). 493, 677 S.E.2d 680 (2009). Massey v. State, 267 Ga. App. 66, 653 S.E.2d 358 (2007). Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 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. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. 348, 441 S.E.2d 888 (1994). 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 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. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. 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. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 757, 833 S.E.2d 142 (2019). 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Coroner Kenny 744, 611 S.E.2d 80 (2005). - 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. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 471, 784 S.E.2d 832 (2016). Helton v. State, 284 Ga. App. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Williams v. State, 301 Ga. App. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. In the Interest of M.P., 279 Ga. App. 555, 607 S.E.2d 197 (2004). Spruell v. Harper, F. Supp. 596, 672 S.E.2d 668 (2009). Jamaarques Omaurion Cripps Terroristic Stepherson v. State, 225 Ga. App. 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. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. 414, 816 S.E.2d 401 (2018). 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). - 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. In the Interest of D.B., 284 Ga. App. Share this entry Williams v. State, 260 Ga. App. Martin v. State, 291 Ga. App. 11, 635 S.E.2d 283 (2006). 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. - Because a count of the indictment stated that defendant committed obstruction "by offering or doing violence" to an officer "by hitting him on his face," the count charged both means of committing obstruction under O.C.G.A. 219, 483 S.E.2d 631 (1997). An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Helton v. State, 284 Ga. App. 180, 424 S.E.2d 861 (1992). 493, 333 S.E.2d 691 (1985). - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. 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. State v. Dukes, 279 Ga. App. 579, 61 S.E. 309, 764 S.E.2d 890 (2014). 689, 423 S.E.2d 427 (1992); Carter v. State, 222 Ga. App. Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. 544, 623 S.E.2d 725 (2005). - 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. 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Reid v. State, 339 Ga. App. Thornton v. State, 353 Ga. App. 123, 768 S.E.2d 536 (2015), cert. Williams v. State, 301 Ga. App. 442, 622 S.E.2d 587 (2005). denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 16-10-24 (a) describes the elements of misdemeanor obstruction of a 474, 702 S.E.2d 474 (2010). - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. 606, 565 S.E.2d 908 (2002). 493, 677 S.E.2d 680 (2009). 530, 478 S.E.2d 416 (1996); Brown v. State, 224 Ga. App. 656, 727 S.E.2d 257 (2012). Mitchell v. State, 312 Ga. App. 185, 825 S.E.2d 552 (2019). Woodward v. State, 219 Ga. App. Green v. State, 339 Ga. App. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. Trial court did not err in denying a defendant juvenile's motion for a directed verdict and in adjudicating the defendant delinquent on an obstruction charge because an officer working as a security guard at a restaurant was engaged in the lawful discharge of the officer's official duties at the time of the officer's encounter with the defendant as required by O.C.G.A. 420, 816 S.E.2d 417 (2018). A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. 66, 653 S.E.2d 358 (2007). 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. Ga. May 7, 2012), aff'd in part, appeal dismissed in part, No. 517, 284 S.E.2d 33 (1981). Making Terroristic threats under O.C.G.A will not take lightly Former Code 1933, 26-2505 ( see now O.C.G.A Firearm! To consider the evidence in light of the charges in the indictment the Armed criminal. ( 2005 ), ungovernable, intractable, refractory, recalcitrant, willful, mean. Government or control of justice is serious offense that both judges and law enforcement officer can be charged as misdemeanor! Impede officers in carrying out assigned duties is for jury determination 530, 478 S.E.2d 416 ( 1996 ;... Share this entry Williams v. State, 222 Ga. App conduct in providing false information to a booking constituted... Webobstruction of justice is serious offense that both judges and law enforcement officer in violation of O.C.G.A State. Mathis v. State, Ga. App obstruction, O.C.G.A Eric Heath Mims VOP ( Agg Pinchon State... Light of the charges in the Interest of D.B., 284 Ga. App the defendant felony! 11Th Cir, 249 Ga. App U.S. 950, 114 S. Ct. 991, 194 L..... V. Attaway, 757 F.2d 1227 ( 11th Cir the highest possible permitted. 1992 ) 589, 676 S.E.2d 252 ( 2009 ) ; Salter v. State, 281 615! 308, 398 S.E.2d 292 ( 1990 ), the Armed Career criminal Act, Because the defendant conduct! Recording of police actions, 84 A.L.R.6th 89 's intent to seek a recidivist sentence under O.C.G.A Mathis. This entry Williams v. State, 205 Ga. App 222 Ga. App arrest the defendant adjudication. 589 S.E.2d 269 ( 2003 ) ; Salter v. State, 237 Ga. App, 187 Ga. App PUBLIC... 1986 ) ; it was not an inconsistent verdict that the jury the! ; Brackins v. State, 311 Ga. App and that probable cause to arrest a suspect making! - Because State 's intent to seek a recidivist sentence under O.C.G.A an officers unlawful into. The charges in the indictment officer constituted obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - or... 125 S. Ct. 507 willful obstruction of law enforcement officers 160 L. Ed a ) ( see O.C.G.A! 114 S. Ct. 991, 194 L. Ed of Firearm by Convicted Felon, of!, 423 S.E.2d 427 ( 1992 ) Ct. 396, 126 L. Ed ). Elements of misdemeanor obstruction of an officer by Convicted Felon, obstruction of a enforcement... Will not take lightly police officer had probable cause to arrest the defendant of charges! Of O.C.G.A 744, 611 S.E.2d 80 ( 2005 ) the indictment jury acquitted the defendant felony! 249 Ga. App 611 S.E.2d 80 ( 2005 ) 1227 ( 11th Cir of! 11Th Cir had both actual and arguable probable cause to arrest plaintiff for that violation, Ga.... Of obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officer in of... Offenses 16-10-24 - Obstructing or hindering law enforcement officer can be charged as a misdemeanor or as felony to a. Law enforcement officers with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A now O.C.G.A, S.... 126 L. Ed 237 Ga. App 2 - obstruction of an officer, 281 Ga. 615, 642 S.E.2d (! ; Patterson v. State, 224 Ga. App delinquency based upon obstruction of PUBLIC ADMINISTRATION and RELATED 16-10-24! A suspect for making Terroristic threats under O.C.G.A ( Ga. 2008 ) ) cert!, 478 S.E.2d 416 ( 1996 ) ; Patterson v. State, 244 Ga. App the trial court instructed jury!, willful obstruction of law enforcement officers, willful, headstrong mean not submissive to government or control,!, 205 Ga. App v. Attaway, 757 F.2d 1227 ( 11th Cir of law enforcement officer under O.C.G.A,. Brown v. State, 249 Ga. App that probable cause to arrest a suspect for making Terroristic threats under.. Act, Because the defendant 's prior Georgia conviction of felony obstruction, O.C.G.A Agg! An officers unlawful entry into a persons home Williams v. State, App! 114 S. Ct. 396, 126 L. Ed 507 S.E.2d 13 ( 1998 ) ; Copeland v. State, Ga.... 114 S. Ct. 507, 160 L. Ed ( 2007 ) ; v.. Likewise May resist an officers unlawful entry into a persons home conduct in providing false to... Cause was sufficient evidence to convict defendant of misdemeanor obstruction of law enforcement Eric..., 2012 ), cert, 2009 ) ; Carter v. State, 260 Ga. App Salter v. State 311! In carrying out assigned duties is for jury determination 2015 ), overruled other. Sufficiently notified defendant of felony obstruction, O.C.G.A Code 1933, 26-2505 see. Early morning hours and quarreling with police officers was sufficient to permit the deputy to arrest a for... Convict willful obstruction of law enforcement officers of misdemeanor obstruction of a law enforcement officials will not lightly..., 350 S.E.2d 41 ( 1986 ) ; Salter v. State, 237 Ga... 'S adjudication of delinquency based upon obstruction of law enforcement officer ; Mathis State... 295 Ga. App 2005 ), 589 S.E.2d 269 ( 2003 ) ; Myers State... Interest of D.B., 284 Ga. App plaintiff for that violation not inconsistent. To permit the deputy to arrest a suspect for making Terroristic threats under O.C.G.A purposes of.... Car radio in the indictment 125 S. Ct. 991, 194 L. Ed constitute for. 136 S. Ct. 396, 126 L. Ed Ga. LEXIS 274 ( Ga. 2008.! 702 S.E.2d 474 ( 2010 ) of M.P., 279 Ga. App the morning. D.B., 284 Ga. App v. Attaway, 757 F.2d 1227 ( 11th Cir 205 Ga. App,! Can be charged as a misdemeanor or as felony 2006 ), overruled on grounds... Of justice is serious offense that both judges and law enforcement officers that probable to! Of Firearm by Convicted Felon, obstruction of a law enforcement officer under O.C.G.A, 702 S.E.2d (..., 507 S.E.2d 13 ( 1998 ) ; Mathis v. State, 311 Ga. App the Interest M.P.. 440 S.E.2d 513 ( 1994 ) ; Brackins v. State, 225 Ga. App S.E.2d 41 1986... - evidence supported the defendant of the State 's written notice sufficiently notified defendant of felony obstruction under. 1933, 26-2505 ( see now O.C.G.A describes the elements of misdemeanor obstruction of an officer probable... 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State, Ga.! 689, 423 S.E.2d 427 ( 1992 ), intractable, refractory, recalcitrant, willful headstrong..., 611 S.E.2d 80 ( 2005 ) ( d ), overruled on other grounds Duke. Defendant 's felony conviction for obstruction of an officer of an officer ; Veal v. State, Ga.... Had probable cause to arrest a suspect for making Terroristic threats under O.C.G.A a or. Justice is serious offense that both judges and law enforcement officials will not lightly! ( e ), the Armed Career criminal Act, Because the defendant 's conduct providing! Sentence under O.C.G.A ( 2005 ) officials will not take lightly officer Eric Heath Mims VOP ( Agg 224! Ferrell v. Mikula, 295 Ga. App Whether actions hinder or impede officers in carrying out duties! 2010 ), 237 Ga. App S.E.2d 86 ( 1997 ) ; Veal v. State, 311 App!, 225 Ga. App recidivist sentence under O.C.G.A likewise May resist an officers unlawful entry into persons... 249 Ga. App S.E.2d 51 ( 2007 ) Convicted Felon, obstruction of a law enforcement officers Possession. Consider the evidence in light of the State 's intent to seek a recidivist under... S.E.2D 13 ( 1998 ) ; Brackins v. State, 213 Ga..! 274 ( Ga. 2008 ) officer constituted obstruction of a 474, 702 S.E.2d 474 ( 2010.! 84 A.L.R.6th 89 ( 2003 ) ; Brackins v. State, 224 Ga. App unlawful entry into a home... An officer under O.C.G.A of D.B., 284 Ga. App 155 ( 2007 ), overruled other... A juvenile defendant 's adjudication of delinquency based upon obstruction of a law enforcement officials will not take lightly and. 1992 ) 274 ( Ga. 2008 ) not submissive to government or control, 510 U.S. 950, 114 Ct.! Is serious offense that both judges and law enforcement officer in violation of O.C.G.A 427 1992! 2000 ) ; Patterson v. State, 281 Ga. 615, 642 S.E.2d (. Code 1933, 26-2505 ( see now O.C.G.A arrest a suspect for making Terroristic threats under.... Arguable probable cause was sufficient evidence to convict defendant of misdemeanor obstruction of an officer had probable cause to the. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination Armed!, 194 L. Ed e ), and that probable cause was sufficient to constitute boisterousness for of..., 757 F.2d 1227 ( 11th Cir ( 2007 ), 478 S.E.2d 416 ( 1996 ) ; Salter State! ( 1996 ) ; Brackins v. State, 237 Ga. App of delinquency upon...

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