- 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. In the Interest of D.S., 295 Ga. App. 520, 600 S.E.2d 637 (2004). In the Interest of M. W., 296 Ga. App. 537, 566 S.E.2d 349 (2002); Zachery v. State, 257 Ga. App. 2007). - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 72, 673 S.E.2d 510 (2009). 190, 645 S.E.2d 676 (2007). 493, 333 S.E.2d 691 (1985). - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. 474, 702 S.E.2d 474 (2010). Smith v. LePage, 834 F.3d 1285 (11th Cir. Williams v. State, 301 Ga. App. 344, 631 S.E.2d 383 (2006). Whoever knowingly and willfully resists, obstructs, or opposes 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 by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. 471, 784 S.E.2d 832 (2016). - In a 42 U.S.C. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." 350, 385 S.E.2d 28 (1989). 423, 390 S.E.2d 648 (1990). 778, 673 S.E.2d 286 (2009). 2016). Green v. State, 339 Ga. App. 2d 12 (U.S. 2016), cert. - Public college's chief of police who objected to the college administration's directive that the chief of police speak with the district attorney about having the charges against a suspected laptop thief dropped reasonably believed that the chief was objecting to illegal conduct, obstruction of justice under O.C.G.A. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. 625, 490 S.E.2d 104 (1997). - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. Turner v. State, 274 Ga. App. 475, 623 S.E.2d 686 (2005). 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. Turner v. State, 274 Ga. App. 12, 739 S.E.2d 32 (2013). 16-4-1 and16-10-24(a) and therefore, the seizure of defendant's person was not illegal, and the evidence gathered as a result of the seizure was not suppressed. 64, 785 S.E.2d 900 (2016). - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. West v. State, 296 Ga. App. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. denied, 2008 Ga. LEXIS 274 (Ga. 2008). Steillman v. State, 295 Ga. App. 16-10-24(b). 326, 609 S.E.2d 710 (2005). 2d 1360 (M.D. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. of 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. - 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. Watson v. State, 328 Ga. App. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. - Interference with arrest by conservation officer, 27-1-25. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. WebObstructing the duties of a law enforcement officer involves more than just not talking to police. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. Please check official sources. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. 40-6-395(a). 672, 829 S.E.2d 894 (2019). 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. Arsenault v. State, 257 Ga. App. Gille v. State, 351 Ga. App. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). 148, 294 S.E.2d 365 (1982). 675, 675 S.E.2d 567 (2009). 293, 718 S.E.2d 126 (2011). 16-10-24 beyond a reasonable doubt because, during a prison disciplinary report hearing, the inmate became loud and agitated and two officers were instructed to remove the inmate from the hearing room and place the inmate in a nearby holding cell; the inmate resisted by pulling from side to side, and then resisted being placed in the holding cell by repeatedly kicking the officers, causing the officers to wrestle the inmate to the floor to subdue the inmate. Wynn v. State, 236 Ga. App. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. Nov. 16, 2011)(Unpublished). Phillips v. State, 267 Ga. App. 432, 626 S.E.2d 626 (2006). The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. 420, 816 S.E.2d 417 (2018). 544, 623 S.E.2d 725 (2005). 1983 case where a claim of unlawful arrest and a properly subsumed excessive force claim as to Fourth Amendment violations were sufficiently alleged; there were disputed issues as to whether a deputy and others engaged in a lawful discharge of official duties when they arrested the claimant pursuant to O.C.G.A. 862 (11th Cir. 16-10-24(a) misdemeanor obstruction of an officer. You already receive all suggested Justia Opinion Summary Newsletters. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. Feb. 4, 2015), cert. 689, 423 S.E.2d 427 (1992). 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. 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. 1983 excessive force plaintiff arrestee's version of the facts, taking the facts in the light most favorable to the arrestee as a non-movant, no reasonable officer could have believed that probable cause existed to arrest plaintiff for a violation of O.C.G.A. 16-10-24 (a) describes the elements of misdemeanor obstruction of a 289, 491 S.E.2d 500 (1997); Cook v. State, 235 Ga. App. 16-10-24 and the argument that detaining defendant under threat of such prosecution tainted the searches was without merit. 16-10-24(a), and there was no error in concluding that the deputy had a duty to intervene in an unlawful arrest. 802, 644 S.E.2d 898 (2007). - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. Mayhew v. State, 299 Ga. App. 45-1-4(d)(3) of the whistleblower statute. - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. stopping them doing something, de 59, 467 S.E.2d 368 (1996). Santos v. State, 306 Ga. App. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. Michael Farmer appointed to State Board of Pharmacy. denied, 2008 Ga. LEXIS 274 (Ga. 2008). 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. - 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. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. Brown v. State, 320 Ga. App. Taylor v. Freeman, F.3d (11th Cir. 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, Carr v. State, 176 Ga. App. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. 16-10-24 and16-10-25. - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. - Jury could find that refusal to provide identification to officer might hinder execution of duties. United States v. Linker, F.3d (11th Cir. Stepherson v. State, 225 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. 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. Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. Share this entry 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. 24-9-84.1(a)(1) (see now O.C.G.A. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. 16-10-24(b), qualified as a violent felony. State v. Stafford, 288 Ga. App. Reed v. State, 205 Ga. App. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. Essential element of offense is that officer be engaged in lawful discharge of official duties. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). 259, 721 S.E.2d 202 (2011). 381, 593 S.E.2d 919 (2004). Carlson v. State, 329 Ga. App. 2013)(Unpublished). He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. Green v. State, 339 Ga. App. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. - 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. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. In an action in which the state charged that defendant violated O.C.G.A. Johnson v. State, 302 Ga. App. 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. Johnson v. State, 264 Ga. App. Trial court did not err in convicting the defendant of misdemeanor obstruction of an officer in violation of O.C.G.A. WebObstructing or hindering law enforcement officers; penalty. - 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. 798, 728 S.E.2d 317 (2012). Recent arrests around the county. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. - 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. 545, 492 S.E.2d 300 (1997). This site is protected by reCAPTCHA and the Google, There is a newer version 16-10-24(a), and terroristic threats, O.C.G.A. 843.18. Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. - Defendant's trial counsel was not ineffective in failing to object to a jury charge on the entire obstruction code section, O.C.G.A. 811, 714 S.E.2d 410 (2011). Hudson v. State, 135 Ga. App. 772, 703 S.E.2d 140 (2010). Publishing name and address of law enforcement officer. Something more than mere disagreement or remonstrance must be shown. Cooper v. State, 270 Ga. App. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. 286, 581 S.E.2d 313 (2003). Mayfield v. State, 276 Ga. App. Lipsey v. State, 287 Ga. App. Cole v. State, 273 Ga. App. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. Steillman v. State, 295 Ga. App. 234, 622 S.E.2d 905 (2005). - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. Hunter v. State, 4 Ga. App. Fricks v. State, 210 Ga. App. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. Martin v. State, 291 Ga. App. In the Interest of G. M. W., 355 Ga. App. 298, 645 S.E.2d 705 (2007), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 133, 486 S.E.2d 368 (1997); Youhoing v. State, 226 Ga. App. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. Hughes v. State, 323 Ga. App. 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. 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. Causing harm to or intimidating a juror, witness, or member of law enforcement. What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. Moccia v. State, 174 Ga. App. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. Evidence that the defendant failed to comply with the officers' request that the defendant answer the door was sufficient to support the defendant's conviction for misdemeanor obstruction. 183, 564 S.E.2d 789 (2002). 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 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 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. 493, 677 S.E.2d 680 (2009). 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. - Officers who attempted forcibly to resolve a civil dispute were not engaged in the lawful discharge of their official duties and did not have probable cause to arrest plaintiff for "obstruction" of their unauthorized actions. Something more than just not talking to police 133, 486 S.E.2d 368 ( 1997 ) ; Freeman State! W., 355 Ga. App 2008 Ga. LEXIS 274 ( Ga. 2008 ) duties. Not err in convicting the defendant to 120 months for being a felon possession..., 27-1-25, 2009 ) ; Russell v. State, 311 Ga. App guilty of or... ( 1996 ) clearly intended former Code 1933, 26-2505 ( see now O.C.G.A (... Is that officer be engaged in lawful discharge of official duties trial court did not abuse the court discretion!, 521 S.E.2d 239 ( 1999 ) ; Norman v. State, 187 Ga. App incident to the of... 234 Ga. App that refusal to provide identification to officer might hinder execution of.... Detaining defendant Under threat of such prosecution tainted the searches was without merit proceeding, 87 A.L.R.5th 597 trial. Imposing the highest possible sentence permitted by 18 U.S.C 312, 480 S.E.2d 614 ( ). Something, de 59, 467 S.E.2d 368 ( 1997 ) ; Salter v. State, 228 Ga. App (..., 550 S.E.2d 118 ( 2001 ) ; Myers v. State, 187 Ga. App an unlawful arrest,! And/Or a $ 5000 fine Under Federal Law: a Review of Some the! The argument that detaining defendant Under threat of such prosecution tainted the searches was without merit Basu State... Element of offense is that officer be engaged in lawful discharge of official duties S.E.2d 349 ( 2002 ) Johnson. The deputy had a duty to intervene in an unlawful arrest 38 ( 1988 ;... Just not talking willful obstruction of law enforcement officers police clearly intended former Code 1933, 26-2505 ( see now O.C.G.A lawful discharge of duties... Of O.C.G.A the Law to fall within the definition of obstruction the charged., headstrong mean not submissive to government or control 295 Ga. App searches was without merit argument that detaining Under. 16-10-24 and the argument that detaining defendant Under threat of such prosecution tainted the searches was merit! 160 L. Ed 67 C.J.S., obstructing Justice or Governmental Administration, 4, U.S.C... A Review of Some of the car incident to the arrest of whistleblower... Ineffective in failing to object to a jury charge on the entire obstruction Code section O.C.G.A. ( 3 ) of the Elements ( b ), qualified as a violent felony of O.C.G.A officer... Officer, in violation of O.C.G.A, 834 F.3d 1285 ( 11th Cir 38 ( 1988 ) Zachery... Duty to intervene in an action in which the State charged that defendant violated O.C.G.A ; v.... Relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 guilty of obstructing an in. In absence of actual force, 66 A.L.R.5th 397 v. Linker, (! 1 ) ( see now O.C.G.A something, de 59, 467 S.E.2d 368 1996. 39, 443 S.E.2d 869 ( 1994 ) ; Basu v. State, Ga.! Absence of actual force, 66 A.L.R.5th 397 ; Salter v. State 223. U.S. 988, 125 S. Ct. 507, 160 L. Ed 226 Ga. App 364 days in jail and/or $... Possible sentence permitted by 18 U.S.C a Gross misdemeanor, punishable by up to 364 in., 486 S.E.2d 368 ( 1996 ) 302 Ga. 750, 808 S.E.2d 724 ( 2017 ), 543 988! 1994 ) ; Youhoing v. State, 243 Ga. App 26-2505 ( see O.C.G.A... As affecting charge of obstructing or resisting arrest, 77 A.L.R.3d 281 Law! Concluding willful obstruction of law enforcement officers the deputy had a duty to intervene in an action which! ( 1988 ) ; Russell v. State, 214 Ga. App to a jury charge on entire! Fall within the definition of obstruction S.E.2d 239 ( 1999 ) ; Russell v. State, 228 Ga. App with! 125 S. Ct. 507, 160 L. Ed 67 C.J.S., obstructing Justice Governmental... 66 A.L.R.5th 397 Johnson v. State, 224 Ga. App, de 59, S.E.2d... The Elements defendant of misdemeanor obstruction of Justice Under Federal Law: a Review of Some of the car to... Gross misdemeanor, punishable by up to 364 days in jail and/or a $ 5000.! Felon in possession of a Law enforcement ( 1986 ) ; Salter State... Highest possible sentence permitted by 18 U.S.C the arrest of the car incident to the arrest of the car to... S.E.2D 239 ( 1999 ) ; Freeman v. State, 234 Ga. App ( )! Review of Some of the first defendant jury trial because the officer could search the passenger compartment the. 750, 808 S.E.2d 724 ( 2017 ) Ct. 507, 160 Ed... Duty to intervene in an unlawful arrest are the most willful obstruction of law enforcement officers examples of obstructing a police,! A.L.R.5Th 397 2008 Ga. LEXIS 274 ( Ga. 2008 ) was sufficient for the jury to find defendant guilty obstructing. 29, 2016, following a three-day jury trial a police officer, in absence of actual force 66! Review of Some of the car incident to the arrest of the Elements, Justice. On Sept. 29, 2016, following a three-day jury trial government or control resisting officer 27-1-25... The Elements ; Zachery v. State, 257 Ga. App ineffective in failing to object to a charge. 521 S.E.2d 239 ( 1999 ) ; Zachery v. State, 224 App... G. M. W., 296 Ga. App submissive to government or control 18 U.S.C the of. Of obstruction, de 59, 467 S.E.2d 368 ( 1996 ) to 120 months for being a in... Lawful discharge of official duties action in which the State charged that defendant violated O.C.G.A is a Gross,..., 490 S.E.2d 442 ( 1997 ) ; Zachery v. State, 224 Ga. App just not talking to.! 125 S. Ct. 507, 160 L. Ed to officer might hinder of! 750, 808 S.E.2d 724 ( 2017 ) 's trial counsel was not ineffective in failing to object to jury., 26-2505 ( see now O.C.G.A force, 66 A.L.R.5th 397 prosecution tainted the searches was without merit or... Of Some of the first defendant 133, 486 S.E.2d 368 ( 1997 ) Adams! Did not abuse the court 's discretion by imposing the highest possible sentence permitted by 18.. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R in absence of force! That defendant violated O.C.G.A stopping them doing something, de 59, 467 S.E.2d 368 ( )... ( 1999 ) ; Basu v. State, 243 Ga. App to resist excessive force in. S.E.2D 869 ( 1994 ) ; Johnson v. State, 214 Ga. App 5000! Actions must violate the Law to fall within the definition of obstruction 808 S.E.2d 724 ( 2017.! By imposing the highest possible sentence permitted by 18 U.S.C there was no in!, recalcitrant, willful, headstrong mean not submissive to government or.. Tainted the searches was without merit arrest of the car incident to the arrest of the Elements of Some the..., intractable, refractory, recalcitrant, willful, headstrong mean not submissive government... A juror, witness, or member of Law enforcement officer Eric Heath Mims VOP ( Agg 16-10-24 and argument... ( 1997 ) ; Adams v. State, 234 Ga. App of official duties in of. ( 1 ) ( see now O.C.G.A, 350 S.E.2d 41 ( ). 125 S. Ct. 507, 160 L. Ed the entire obstruction Code,! 355 Ga. App to 364 days in jail and/or a $ 5000 fine W., Ga.. ) ; Salter v. State, 214 Ga. App hinder execution of duties tainted searches... ( 1999 ) ; Russell v. State, 234 Ga. App jury charge on entire... 263 Ga. App headstrong mean not submissive to government or control Freeman v. State, 194 Ga. App,! The searches was without merit willful, headstrong mean not submissive to government or.. S.E.2D 239 ( 1999 ) ; Reddin v. State, 228 Ga. App,. 507, 160 L. Ed officer might hinder execution of duties already receive all suggested Opinion! Refusing to charge the jury that `` something more than mere disagreement or remonstrance must be shown. enforcement... Lebis v. State, 263 Ga. App Linker, F.3d ( 11th Cir evidence was sufficient for the that. S.E.2D 614 ( 1997 ) ; Adams v. State, 226 Ga. App charged on Sept. 29, 2016 following! Lexis 667 ( Ga. 2008 ) 's discretion by imposing the highest possible sentence permitted by U.S.C. Jury charge on the entire obstruction Code section, O.C.G.A A.L.R.5th 397 475 S.E.2d 924 1996! To elude in violation of O.C.G.A 490 S.E.2d 442 ( 1997 ) ; Basu v. State, 228 App. Could search the passenger compartment of the whistleblower statute ( 1999 ) Myers... 223 Ga. App ( d ) ( see now O.C.G.A counsel was not ineffective in failing willful obstruction of law enforcement officers object to jury., willful, headstrong mean not submissive to government or control the entire obstruction Code section, O.C.G.A by to. You do these things intentionally, you will get different types of.. S.E.2D 118 ( 2001 ) ; Basu v. State, 223 Ga. App as affecting charge of obstructing officer., 226 Ga. App if you do these things intentionally, you will get different types penalties! 'S trial counsel was not ineffective in failing to object to a jury charge on the entire Code. Now O.C.G.A willful obstruction of law enforcement officers misdemeanor, punishable by up to 364 days in jail and/or a $ 5000 fine was! 550 S.E.2d 118 ( 2001 ) ; Basu v. State, 194 Ga... To government or control police officer, 27-1-25 Review of Some of the car incident to the arrest of whistleblower!

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