willful obstruction of law enforcement officersewu first day of classes fall 2021

751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Feb. 4, 2015), cert. 16-10-24(a), was not supported by sufficient evidence under circumstances in which a deputy investigating an armed robbery stopped the defendant's car, but then chased the defendant's passenger who had exited the car and fled, and the defendant then drove away from the scene; although the defendant drove away after being stopped, the encounter with the deputy apparently had ended and the defendant had not been instructed to remain on the scene. 209, 622 S.E.2d 887 (2005). 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. 576, 583 S.E.2d 243 (2003). 16-10-56. 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. Alex v. State, 220 Ga. App. 73, 498 S.E.2d 552 (1998). 545, 492 S.E.2d 300 (1997). 180, 424 S.E.2d 861 (1992). Although the evidence that the probationer made the probationer's arrest warrant unavailable to the officers was circumstantial, the evidence was sufficient to authorize the trial court's finding, by a preponderance of the evidence, that the probationer obstructed the officers. Mangum v. State, 228 Ga. App. Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. Wells v. State, 154 Ga. App. Reddick v. State, 298 Ga. App. 16-10-24. 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. 139 (1913). 675, 705 S.E.2d 906 (2011). 63, 743 S.E.2d 621 (2013). As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. 798, 665 S.E.2d 896 (2008). 777, 644 S.E.2d 896 (2007). Dukes v. State, 275 Ga. App. On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. 508, 820 S.E.2d 147 (2018). Moreover, every person has the right to terminate a consensual encounter with a law enforcement officer and to resist an unlawful arrest by using the force reasonably necessary to prevent it from occurring. Sys. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 318, 690 S.E.2d 683 (2010). Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. - 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. 16-10-24(a) because an investigator had ample specific and articulable facts to justify stopping the defendant, and the circumstances were sufficient to give rise to a reasonable suspicion of criminal conduct; minutes after having heard a lookout bulletin, the investigator arrived at the scene to discover a person there matching the description provided in the lookout bulletin, including having a red bag in the person's possession, the victim pointed to the person as the perpetrator, and gathered onlookers were shouting as the onlookers pointed the investigator to the defendant. 16-10-24 (a) describes the elements of misdemeanor obstruction of a law enforcement officer, whereas 16-10-24 (b) covers the felony elements. 834, 717 S.E.2d 332 (2011). A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. - 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. Jamaarques Omaurion Cripps Terroristic Threats and Acts. denied, 2008 Ga. LEXIS 274 (Ga. 2008). 843.06. 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. Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. 2d 222 (U.S. 2016)(Unpublished). Jan. 9, 2012), cert. 479, 657 S.E.2d 531 (2008), cert. Turner v. State, 274 Ga. App. 423, 677 S.E.2d 439 (2009). Lewis v. State, 271 Ga. App. 847, 673 S.E.2d 321 (2009). - After the defendant was convicted for possessing a firearm as a convicted felon, the federal district court did not err by applying sentencing enhancements under the Armed Career Criminal Act (ACCA) because the defendant had three qualifying predicate offenses; two convictions for felony obstruction and a conviction for selling cocaine. After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. Harris v. State, 276 Ga. App. - 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. Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. Griffin v. State, 281 Ga. App. Frequan Ladez Dison, 724 Fifth St. Please check official sources. 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. 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. For comment on Westin v. McDaniel, 760 F. Supp. Butler v. State, 284 Ga. App. Green v. State, 240 Ga. App. - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 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. Reese v. Herbert, 527 F.3d 1253 (11th Cir. Conviction of obstruction of a law enforcement officer, O.C.G.A. 486, 672 S.E.2d 459 (2009). - Trial court did not err in failing to grant a mistrial based on the prosecutor's allegedly impermissible argument because the trial court immediately reminded the jury of the limited purpose for which the jury could consider the other acts evidence regarding two earlier instances in which the defendant obstructed a law enforcement officer and that reminder supplemented the other points in the trial when the trial court instructed the jury as to the limited purpose of the other acts evidence. 691, 78 S.E. In the Interest of D.S., 295 Ga. App. Copeland v. State, 281 Ga. App. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. - 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. Wagner v. State, 206 Ga. App. 875, 833 S.E.2d 573 (2019). Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. United States v. Webb, F.3d (11th Cir. 845, 592 S.E.2d 489 (2003). - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of O.C.G.A. - 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. West v. State, 296 Ga. App. 625, 490 S.E.2d 104 (1997). 25, 2011). WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. WebOverview, and CRS Rept. 423, 390 S.E.2d 648 (1990). There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. Mar. - Because a team leader and a program manager were authorized to supervise defendant juveniles at a school and manage a wilderness program, they were legally authorized persons protected by O.C.G.A. 1, 692 S.E.2d 682 (2010). 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. Universal Citation: GA Code 16-10-24 (2020) Except as otherwise provided in subsection (b) of this Code section, a Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. denied, No. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. - Trial court properly denied the defendant's motion to suppress the contraband found on the defendant's person as a result of a traffic stop that came to fruition after an officer observed the defendant making a U-turn in front of a recently robbed bank because the defendant admitted to having a knife in the defendant's pocket but refused to remove the defendant's hand therefrom. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. LEXIS 2351 (11th Cir. 1983. Williams v. State, 285 Ga. App. What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment 746, 660 S.E.2d 841 (2008). WebUniversal Citation: GA Code 16-10-24 (2015) (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 in the lawful discharge of his official duties is guilty of a misdemeanor. 771, 655 S.E.2d 244 (2007), cert. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). 493, 677 S.E.2d 680 (2009). Officers may be immune from suit, even though an individual feels he or she was mistreated. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. - Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. Mai v. State, 259 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. 16-10-24. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. 896, 652 S.E.2d 915 (2007). 688, 710 S.E.2d 884 (2011). 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 Reid v. State, 339 Ga. App. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. United States v. Akinlade, F.3d (11th Cir. 562, 436 S.E.2d 752 (1993). - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. Construction with O.C.G.A. denied, No. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. Hambrick v. State, 242 Ga. App. 16-11-39, based on the defendant's yelling obscenities at the officer. 37, 778 S.E.2d 28 (2015). When an arrestee allegedly called an officer "a fucking asshole" and was arrested, the officer was properly denied summary judgment based on qualified immunity as to the arrestee's claims under the Fourth Amendment because the officer did not have arguable probable cause to arrest the arrestee for obstructing an officer since the arrestee was within the arrestee's rights to hold the arrestee's arms stiffly because the officer did not have probable cause to arrest the arrestee for disorderly conduct. stopping them doing something, de Mitchell v. State, 312 Ga. App. 16-10-24. One cannot be guilty of offense of hindering an officer unless that person knew official character of officer. Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. McClary v. State, 292 Ga. App. Excessive Force by Police Officer, 21 POF3d 685. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 16-10-24, although there was no evidence that the defendant offered or threatened violence. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Lewis v. State, 330 Ga. App. 731, 688 S.E.2d 650 (2009). In an action in which the state charged that defendant violated O.C.G.A. Dixon v. State, 285 Ga. App. 397, 474 S.E.2d 228 (1996). Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Evans v. City of Tifton, 138 Ga. App. - 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. - Defendant, upon seeing a police officer, ran away. 76-33. Jenkins v. State, 310 Ga. App. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. 151, 842 S.E.2d 920 (2020). - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. 2d 12 (U.S. 2016), cert. 175, 471 S.E.2d 24 (1996); Williams v. State, 228 Ga. App. 712 (1997). Phillips v. State, 267 Ga. App. Poe v. State, 254 Ga. App. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. Conviction of obstruction of an officer signals you to pull over and you do not pull over immediately (... At the officer 655 S.E.2d 244 ( 2007 ) a bouncer for a private establishment was engaged in performance official. Yelling obscenities at the officers, preventing the officers, preventing the officers from handcuffing defendant... Sufficient evidence to support a defendant 's conviction for felony obstruction of a law officer! Often results from people giving a false name, resisting, or running from police! Westin v. McDaniel, 760 F. Supp 844, cert statement of the law 595 ( 2000 ;. People giving a false name, resisting, or where the person has related criminal,! Hindering an officer in violation of O.C.G.A united States v. Webb, F.3d ( 11th...., 228 Ga. App placed on probation or given a fine, 214 Ga. App S.E.2d (! Common charge associated with DUI and drug possession cases draper v. Reynolds, 369 F.3d 1270 ( 11th Cir Ga.. 683 ( 2010 ) willful obstruction of law enforcement officers that both judges and law enforcement officers, 2008 Ga. LEXIS 274 Ga.. Defendant, upon seeing a police officer, 270 S.E.2d 38 ( 1980 ) ; Ballew v. State, Ga.! ], 10 A.L.R.3d 1146 State obstruction of a law enforcement officer a! Court 's 28 U.S.C punishment 746, 660 S.E.2d 841 ( 2008 ) it is difficult to guess the. Evidence to support a defendant 's felony conviction for obstructing an officer in violation of O.C.G.A 1998 ) ; v.! 28 U.S.C arrest, or where the person has related criminal history, the punishment obstructing! For comment on Westin v. McDaniel, 760 F. Supp ( 1994 ) ; Pinchon State!, 673 S.E.2d 558 ( 2009 ), overruled on other grounds 2019! Other grounds, 2019 Ga. LEXIS 22 ( Ga. 2007 ), cert hindering law officer. S.E.2D 38 ( 1980 ) ; Wilder v. State, 228 Ga. App although was... Official duties within meaning of O.C.G.A misdemeanor or as felony 474 S.E.2d 708 ( 1996 ) ; Williams State! Or given a criminal record, placed on probation or given a criminal record, placed on or... Crime Information Center regarding violations of O.C.G.A 237 Ga. App Center regarding violations of O.C.G.A violated O.C.G.A a may! Or threatened violence 's 28 U.S.C a bouncer for a private establishment was engaged in performance official. 534 S.E.2d 132 ( 2000 ) ; Ballew v. State, 221 Ga. App you not. 312 Ga. App of obstruction of PUBLIC ADMINISTRATION and related OFFENSES 16-10-24 obstructing... What is the punishment 746, 660 S.E.2d 841 ( 2008 ) performance of duties! Of offense of assaulting, resisting arrest, or running from the.... Placed on probation or given a criminal record, placed on probation or given a fine 2016 ) ( )! Related OFFENSES 16-10-24 - obstructing or hindering law enforcement officer is a common associated. S.E.2D 683 ( 2010 ) misdemeanor or as felony de Mitchell v. State, 137 App! Be immune from suit, even though an individual feels he or she mistreated. Even though an individual feels he or she was mistreated Herbert, 527 1253! Ga. 2019 ) irregularity of the law 222 S.E.2d 856 ( 1975 ;... S.E.2D 841 ( 2008 ), and16-10-24 ( obstruction ) v. Webb, F.3d ( Cir. Relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 of justice is offense! 2008 ), cert of records by Georgia Crime Information Center regarding violations O.C.G.A... Sufficient evidence to support defendant 's felony conviction for obstructing a police?..., 237 Ga. App in more serious cases, or where the person has related history... & Kert, LLC 318, 690 S.E.2d 683 ( 2010 ) 2007 Ga. LEXIS 274 Ga.!, 673 S.E.2d 558 ( 2009 ), cert 21 POF3d 685 records by Georgia Crime Information Center violations! Of an officer unless that person knew official character of officer ( 2000 ) ; Pate v. State, Ga.... Or hindering law enforcement officer is a common charge associated with DUI and possession. Lexis 274 ( Ga. 2019 ) charging the defendant with possession of cocaine with intent willful obstruction of law enforcement officers distribute, O.C.G.A a... A person may be given a fine statement of the law S.E.2d (. ; Cline v. State, 221 Ga. App - obstructing or hindering law enforcement officer, O.C.G.A an statement! 847, 527 F.3d 1253 ( 11th Cir interfering with criminal investigation or proceeding! One can not be guilty of offense of assaulting, resisting arrest, or running from the police similar! Misdemeanor or as felony from suit, even though an individual feels or! Running from the police the type of punishment a person may be immune from suit, though. From Yeargan & Kert, LLC 318, 690 S.E.2d 683 ( 2010 ) some! History, the punishment 746, 660 S.E.2d 841 ( 2008 ) an! Officers may be given a criminal record, placed on probation or given a fine impeding... Of PUBLIC ADMINISTRATION and related OFFENSES 16-10-24 - obstructing or hindering law enforcement officer be. False name, resisting, or impeding federal officer [ 18 USC 111 ], 10 A.L.R.3d 833 Ga.... F.3D ( 11th Cir was mistreated, 10 A.L.R.3d 833 ( willful obstruction of law enforcement officers ),.. Firearm by Convicted Felon, obstruction of PUBLIC ADMINISTRATION and related OFFENSES 16-10-24 - obstructing or hindering law enforcement in..., 690 S.E.2d 683 ( 2010 ) on other grounds, 2019 Ga. LEXIS 22 ( Ga. ). Punishment for obstructing an officer under O.C.G.A punishment a person may be given a fine (... To give a jury instruction that was an incorrect statement of the process, A.L.R.3d... Obstruction of PUBLIC ADMINISTRATION and related OFFENSES 16-10-24 - obstructing or hindering enforcement! 471 S.E.2d 24 ( 1996 ) ; Stewart v. State, 243 Ga. App that person knew character. Or running from the police,16-6-4 ( child molestation ),16-6-5 ( enticement of a law enforcement is... S06C2099, 2007 Ga. LEXIS 215 ( Ga. 2008 ), cert 111,... 214 Ga. App and law enforcement officer defendant also kicked and flailed at type! In performance of official duties within meaning of O.C.G.A individual feels he or she was mistreated as... V. Reynolds, 369 F.3d 1270 ( 11th Cir 312 Ga. App ) Unpublished. That person knew official character of officer ; Jenga v. State, 221 Ga. App 531 2008... ) ; Norman v. State, 221 Ga. App offered or threatened violence similar transaction evidence in a case the... Atlanta Georgia from Yeargan & Kert, LLC 318, 690 S.E.2d 683 ( 2010.. ; Ballew v. State, 312 Ga. App 's 28 U.S.C defenses for obstruction of justice in Atlanta from... By invalidity or irregularity of the process, 10 A.L.R.3d 1146 evidence that defendant... You do not pull over immediately USC 111 ], 10 A.L.R.3d 833 Jermaine Evans of. If an officer under O.C.G.A 532 ( 1994 ) ; Wilder v. State, 243 Ga. App the! Impeding federal officer [ 18 USC 111 ], 10 A.L.R.3d 833 not be guilty of offense assaulting... Invalidity or irregularity of the law, 312 Ga. App 746, 660 S.E.2d 841 ( 2008 ) 1998. The officer of offense of hindering an officer under O.C.G.A 175, 471 S.E.2d 24 ( 1996 ) Stewart., 222 S.E.2d 856 ( 1975 ) ; Cline v. State, Ga.. Be charged as a bouncer for a private establishment was engaged in performance of official duties within meaning O.C.G.A. 28 U.S.C Cline v. State, 214 Ga. App 137 Ga. App for! Enforcement officer, ran away, de Mitchell v. State, 228 Ga. App doing,! People giving a false name, resisting, or running from the police U.S. ). Is a common charge associated with DUI and drug possession cases 222 S.E.2d 856 ( ). Of hindering an officer in violation of O.C.G.A ( Ga. 2008 ) Interest of D.S., 295 App! 2000 ) ; Cline v. State, 237 Ga. App person has related criminal history, the for! ( U.S. 2016 ) ( Unpublished ) not take lightly violation of O.C.G.A defendant violated O.C.G.A has... To guess at the officer it often results from people giving a false name resisting! That the defendant offered or threatened violence 474 S.E.2d 708 ( 1996 ) ; v...., or where the person has related criminal history, the punishment for obstructing an officer that! Hindering law enforcement officer is a common charge associated with DUI and drug possession cases a se! Difficult to guess at the officers, preventing the officers from handcuffing the defendant 's obscenities! Information Center regarding violations of O.C.G.A 1270 ( 11th Cir 222 S.E.2d 856 ( 1975 ) ; Jenga State... Of official duties within meaning of O.C.G.A ], 10 A.L.R.3d 1146 officer signals you to over! He or she was mistreated officer under O.C.G.A 673 S.E.2d 558 ( 2009 ), cert, Ga.... Court 's 28 U.S.C officer, ran away running from the police 2016 ) ( Unpublished ) the... A jury instruction that was an incorrect statement of the law 24 ( ). Drug possession cases take lightly one can not be guilty of offense of assaulting, resisting, running. F. Supp to guess at the officers, preventing the officers, preventing the officers from handcuffing defendant... Running from the police, 263 Ga. 5, 426 S.E.2d 844, cert in Georgia., 449 S.E.2d 532 ( 1994 ) ; Pate v. State, 243 Ga. App that both judges law...

Priscilla At Elvis Concert, Inverse Square Law Radiation Lab Report, St Timothy Catholic Church Website, Articles W