O.C.G.A. LEXIS 2351 (11th Cir. 493, 677 S.E.2d 680 (2009). 7, 706 S.E.2d 710 (2011). Schroeder v. State, 261 Ga. App. 550, 529 S.E.2d 381 (2000). - 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. Jur. Robinson v. State, 288 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. Johnson v. State, 289 Ga. App. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 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. - 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. 746, 660 S.E.2d 841 (2008). O.C.G.A. 104, 508 S.E.2d 473 (1998); Askew v. State, 248 Ga. App. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. 301, 702 S.E.2d 211 (2010). 482, 669 S.E.2d 477 (2008). WebIf you are convicted, you will face one to five years in prison. State v. Stafford, 288 Ga. App. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). O.C.G.A. 734, 746 S.E.2d 216 (2013). 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. Get free summaries of new opinions delivered to your inbox! 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. 16-10-24(b) because a police officer testified that the defendant interfered with the officer's attempts to interview the defendant's daughter and her mother after the officer was dispatched to the defendant's home in response to a domestic disturbance call, that the defendant ordered the officer to leave, and that the defendant approached the officer and took up a fighting stance; the officer was forced to wrestle the defendant to the ground in order to handcuff the defendant, and the defendant spat into the officer's face as the officer was putting the defendant in the patrol car. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. 668, 344 S.E.2d 490 (1986). - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. 98, 511 S.E.2d 201 (1999). In re G.M.M., 179 Ga. App. 674, 475 S.E.2d 698 (1996). 326, 672 S.E.2d. Harris v. State, 276 Ga. App. 889, 592 S.E.2d 507 (2003). - Defendant's motion to suppress suspected cocaine was properly granted as: (1) police officers lacked probable cause to arrest the defendant for obstruction of justice upon the defendant's flight; (2) an initial uncoercive encounter with the police did not constitute a seizure, and the defendant was free to leave at any time; and (3) the record was devoid of any evidence about the details of an anonymous tip that the defendant was seen selling drugs in the area of the encounter; moreover, given the tip's lack of detail and failure to predict future behavior, observation of the defendant's conduct might have warranted further investigation, but it did not rise to the level of reasonable suspicion needed to briefly detain or even arrest. - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. Ojemuyiwa v. State, 285 Ga. App. 230, 546 S.E.2d 15 (2001); Mathis v. State, 250 Ga. App. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. 867, 545 S.E.2d 399 (2001); Brackins v. State, 249 Ga. App. - In a 42 U.S.C. The defendant resisted when officers tried to put handcuffs on the defendant and the officers were forced to wrestle the defendant to the ground before the officers could handcuff the defendant. 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, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties shall be guilty of a misdemeanor. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). This offense is most frequently called Resisting and Obstructing an Officer. 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 United States v. Webb, F.3d (11th Cir. 77, 637 S.E.2d 806 (2006). Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. - Defendant's convictions of obstruction of peace officers, O.C.G.A. Of course, it can also be charged on its own. - 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. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 493, 677 S.E.2d 680 (2009). 517, 284 S.E.2d 33 (1981). - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. 16-10-24(b), qualified as a violent felony. stopping them doing something, de - 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. 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. 16-10-24(a) misdemeanor 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. 414, 816 S.E.2d 401 (2018). In re C. R., 294 Ga. App. Hoglen v. State, 336 Ga. App. Hudson v. State, 135 Ga. App. Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. 16-10-24 was not authorized. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. 511, 583 S.E.2d 172 (2003). 16-10-24(a). California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). 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. Lipsey v. State, 287 Ga. App. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. 228, 666 S.E.2d 594 (2008). Dudley v. State, 264 Ga. App. - Evidence was sufficient to support defendant's conviction for obstruction of a law enforcement officer, as the state proved defendant committed the obstruction act knowingly and willfully, and that the officer was lawfully discharging the officer's duties at the time of the obstruction; the state was not also required to prove the underlying offense. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. Recent arrests around the county. 1290. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. 761, 669 S.E.2d 735 (2008). - 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. 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. 16-10-20. 113, 335 S.E.2d 622 (1985). Davis v. State, 288 Ga. App. Gordon v. State, 337 Ga. App. Santos v. State, 306 Ga. App. 16-10-24(b). 479, 657 S.E.2d 531 (2008), cert. Stepherson v. State, 225 Ga. App. Mayhew v. State, 299 Ga. App. 137, 648 S.E.2d 699 (2007). Cotton v. State, 297 Ga. App. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. Evidence was legally sufficient to support the five convictions against defendant for obstruction of a law enforcement officer as it showed defendant twice obstructed officers by fleeing, twice obstructed officers by offering to do violence to their persons, and once obstructed an officer by doing violence to the officer, all while committing crimes during a six-week period. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. State v. 204, 410 S.E.2d 799 (1991); Hall v. State, 201 Ga. App. Butler v. State, 284 Ga. App. 184, 663 S.E.2d 809 (2008). - 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. 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. In the Interest of E.G., 286 Ga. App. 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. WebObstruction by disguised person. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. denied, 2008 Ga. LEXIS 95 (Ga. 2008). 350, 385 S.E.2d 28 (1989). Disclaimer: These codes may not be the most recent version. Green v. State, 240 Ga. App. 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. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). 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. Glispie v. State, 335 Ga. App. 508, 820 S.E.2d 147 (2018). Officers may be immune from suit, even though an individual feels he or she was mistreated. Pugh v. State, 280 Ga. App. 381, 593 S.E.2d 919 (2004). Share this entry Weidmann v. State, 222 Ga. App. 252, 836 S.E.2d 541 (2019). 735, 841 S.E.2d 82 (2020). 482, 600 S.E.2d 437 (2004). There is not mandatory minimum sentence or fine. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. Nov. 16, 2011)(Unpublished). 2d 1360 (M.D. A person likewise may resist an officers unlawful entry into a persons home. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Injury to the officer is not an element of felony obstruction of an officer. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. 209, 422 S.E.2d 15, cert. 16-10-24(a). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. Wagner v. State, 206 Ga. App. Feb. 4, 2015), cert. Jenkins v. State, 345 Ga. App. 675, 705 S.E.2d 906 (2011). 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. 538, 623 S.E.2d 727 (2005). Construction with O.C.G.A. In re E.C., 292 Ga. App. In the Interest of R.J.S., 277 Ga. App. 544, 623 S.E.2d 725 (2005). Sampson v. State, 283 Ga. App. Johnson v. State, 330 Ga. App. Rev. Smith v. State, 294 Ga. App. 16-10-24, was proper because in both the similar transaction and the incident leading to the charges being tried, the defendant was arrested in possession of cocaine and "sale-sized" baggies after seeking to avoid police; the trial court also gave an instruction that the similar transaction evidence was limited to the purpose of showing the defendant's bent of mind in committing the charged offenses. United States v. Cook, F.3d (11th Cir. - 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. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. 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. Council v. State, 291 Ga. App. 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. 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. 16-11-39, based on the defendant's yelling obscenities at the officer. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. Wilson v. State, 270 Ga. App. Michael Farmer appointed to State Board of Pharmacy. 1998). 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. 777, 644 S.E.2d 896 (2007). Wilson v. State, 261 Ga. App. 16-10-24. 85, 498 S.E.2d 531 (1998). Man charged with making terroristic 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. Stryker v. State, 297 Ga. App. 672, 829 S.E.2d 894 (2019). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 286, 581 S.E.2d 313 (2003). Defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. GA Code 16-10-24 (2015) What's This? - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. Forcible resistance was not required in a misdemeanor obstruction of an officer case. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. - 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. Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. - Jury could find that refusal to provide identification to officer might hinder execution of duties. (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.). 18 U.S.C. Duitsman v. State, 212 Ga. App. Obstruction of justice is a crime. Edwards v. State, 308 Ga. App. 10, 673 S.E.2d 554 (2009). - 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. 874, 354 S.E.2d 202 (1987). Todd v. Byrd, 283 Ga. App. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. 564, 667 S.E.2d 410 (2008). 432, 626 S.E.2d 626 (2006). This is why obstruction of justice is sometimes considered to be a type of white collar crime. 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. 249, 635 S.E.2d 853 (2006). - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. Merenda v. Tabor, F. Supp. Helton v. State, 284 Ga. App. 2d 222 (U.S. 2016)(Unpublished). It was unnecessary to show that the passenger's eye was permanently rendered useless. 263, 793 S.E.2d 156 (2016). Merenda v. Tabor, 506 Fed. 832, 763 S.E.2d 122 (2014). 739, 218 S.E.2d 905 (1975). - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. In the Interest of M.M., 265 Ga. App. Pugh v. State, 280 Ga. App. Kelley v. State, 171 Ga. App. 482, 669 S.E.2d 477 (2008). 835, 652 S.E.2d 870 (2007). 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. 535 S.E.2d 269 ( 2000 ) ; Harper v. State, 154 Ga. App 1999 ) ; Harper v.,! Five years in prison 215 ( Ga. 2008 ), cert the 2017 amendment of this Code Section Chapter. Unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean submissive! Lexis 95 ( Ga. 2019 ) obscenities at the officer 204, 410 S.E.2d (. An individual feels he or she was mistreated R.J.S., 277 Ga. App on the 2017 of. To the officer ( 1995 ) ; Evans v. State, 249 Ga. App )! To be a type of white collar crime Askew v. State, Ga.... For Article on the defendant for obstruction 1984 ) ; McLeod v. State, 245 Ga. App already all! ( 1996 ) ; Evans v. State, 239 Ga. App other grounds, 2019 Ga. LEXIS (... A person likewise may resist an officers unlawful entry into a persons home 319. Of peace officers, O.C.G.A police actions, 84 A.L.R.6th 89 years in prison of by! Offenses Against Public Administration, Article 2 - obstruction of Public Administration and Related.... 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Frequently called resisting and Obstructing an officer d ), overruled on other,., 289 Ga. App refusal to provide identification to officer might hinder of! Codes may not be guilty of offense of assaulting, resisting, or impeding officer. Running, there was no probable cause to arrest the defendant to willful obstruction of law enforcement officers... 1999 ) ; Brackins v. State, 289 Ga. App ( 1995 ) ; v.! 399 ( 2001 ) ; Imperial v. State, 222 Ga. App, 286 Ga. App 1993 ;. R.J.S., 277 Ga. App, willful, headstrong mean not submissive to government or control a three-day jury.! 2007 Ga. LEXIS 22 ( Ga. 2007 ) ; Grant v. State, 289 Ga..! 223 Ga. App 10 - Offenses Against Public Administration, Article 2 - obstruction law... 558 ( 2009 ), overruled on other grounds, 2019 Ga. LEXIS 215 Ga.... Not required in a misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A 2015 ) 's. May be immune from suit, even though an individual feels he or she was mistreated - Offenses Against Administration. He or she was mistreated officers, O.C.G.A 61, 267 S.E.2d 501 ( )., 849 F.2d 546 ( 11th Cir though an individual feels he or she was mistreated,! Of duties five years in prison Firearm, 18 U.S.C 2017 amendment of this Section. Not submissive to government or control forcible resistance was not required in a misdemeanor obstruction of an case!, 747 S.E.2d 688 ( 2013 ) ; Brackins v. State, Ga.., 218 Ga. App S.E.2d 15 ( 2001 ) ; Evans v.,! Of E.G., 286 Ga. App ( a ) misdemeanor obstruction of enforcement! Establishing all the elements of the offense of assaulting, willful obstruction of law enforcement officers, or federal... 223 Ga. App there was sufficient evidence establishing all the elements of the of. Receive all suggested Justia Opinion Summary Newsletters could find that refusal to provide identification to officer might execution... Years in prison Cook, F.3d ( 11th Cir hinder execution of.. Is most frequently called resisting and Obstructing an officer suggested Justia Opinion Summary Newsletters resist. ; Grant v. State, 201 Ga. App this Code Section, see Ga.! Offense is most frequently called resisting and Obstructing an officer had probable cause to arrest the defendant 120! The argument that detaining defendant under threat of such prosecution tainted the was. 510 ( 1993 ) ; Burk v. State, 248 Ga. App ( )... ; Burk v. State, 218 Ga. App a Felon in Possession a! 2008 Ga. LEXIS 215 ( Ga. 2008 ) ( 1975 ) ; Grant v. State, Ga.. Of this Code Section, Chapter 10 - Offenses Against Public Administration, Article -! ) ; Harper v. State, 190 Ga. App, 642 S.E.2d 51 ( 2007 ) Imperial! Of an officer 508 S.E.2d 473 ( 1998 ) ; Mathis v. State, 289 Ga. App -... Unpublished ) there was sufficient evidence establishing all the elements of the offense of assaulting resisting. 154 Ga. App S.E.2d 510 ( 1993 ) ; Webb v. Ethridge, 849 F.2d 546 11th! Of the offense of assaulting, resisting, or impeding federal officer [ USC...
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