Michael Farmer appointed to State Board of Pharmacy. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 16-10-24(a) and16-11-37(a). - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. Fricks v. State, 210 Ga. App. 155, 84 S.E. Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. 423, 677 S.E.2d 439 (2009). 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 219, 483 S.E.2d 631 (1997). denied, 2015 Ga. LEXIS 396 (Ga. 2015). 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. Recent arrests around the county. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 754, 470 S.E.2d 305 (1996). 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. 51-7-40. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 520, 444 S.E.2d 875 (1994). 2d 222 (U.S. 2016)(Unpublished). 232, 561 S.E.2d 879 (2002). Wilson v. State, 261 Ga. App. of Regents of the Univ. 3, 243 S.E.2d 289 (1978). 16-10-24(b); actual violence or injury to an officer was not necessary. 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. 233, 651 S.E.2d 155 (2007), cert. Refusing to assist prison officers in arresting escaped convicts. Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. Davis v. State, 308 Ga. App. 16-10-24(b) after entering plaintiff's home without a warrant to search for the subject of a civil commitment order, in violation of the Fourth and Fourteenth Amendments, while the deputy's entry into the arrestee's home was unlawful, the deputy was entitled to qualified immunity as the commitment order's averments indicated the subject was a danger to oneself and others and a reasonable officer could have interpreted those averments as indicating an emergency situation. 606, 565 S.E.2d 908 (2002). 420, 816 S.E.2d 417 (2018). (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.). GA Code 16-10-24 (2015) Thompson v. State, 259 Ga. App. 7 (2008). 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. Brown v. State, 259 Ga. App. 17-10-7 upon conviction of felony obstruction of an officer, and during plea negotiations the state again referenced defendant's prior criminal history and reiterated the state would seek recidivist punishment, no error occurred in imposing the sentence based on lack of notice. The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 442, 622 S.E.2d 587 (2005). Construction with O.C.G.A. Sign up for our free summaries and get the latest delivered directly to you. 21, 660 S.E.2d 886 (2008). Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. Evans v. State, 290 Ga. App. 363, 662 S.E.2d 185 (2008). 1983. 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. 486, 672 S.E.2d 459 (2009). United States v. Webb, F.3d (11th Cir. 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. - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 92, 640 S.E.2d 673 (2006). 16-10-24. Whaley v. State, 175 Ga. App. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. 326, 672 S.E.2d. 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. 225, 573 S.E.2d 472 (2002). Zeger v. State, 306 Ga. App. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under 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. 544, 623 S.E.2d 725 (2005). 12, 739 S.E.2d 32 (2013). N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Ga. 2013). Act or Threat of Violence The individual acted in a violent manner, or threatened violence against, the law enforcement officer. Cooper v. State, 350 Ga. App. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. 518, 577 S.E.2d 839 (2003). 843.06. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 228, 666 S.E.2d 594 (2008). Brown v. State, 320 Ga. App. Long v. State, 261 Ga. App. Stryker v. State, 297 Ga. App. In the Interest of M.P., 279 Ga. App. 16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. Cobble v. State, 297 Ga. App. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. 471, 577 S.E.2d 288 (2003). Defendant's conviction for obstruction of an officer under O.C.G.A. Because it was the function of the jury to determine the credibility of witnesses and weigh any conflict in the evidence, the testimony of a single witness is generally sufficient to establish a fact; therefore, the testimony of the police officer who was involved in the altercation with the defendant was sufficient evidence for the jury to convict the defendant. Construction with O.C.G.A. Sign up for our free summaries and get the latest delivered directly to you. 843.18. Reid v. State, 339 Ga. App. 16-8-2 or O.C.G.A. Forcible resistance was not required in a misdemeanor obstruction of an officer case. Excessive Force by Police Officer, 21 POF3d 685. 73 (2017). Buruca v. State, 278 Ga. App. 16-10-24(b), qualified as a violent felony. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. 725 (1915). This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. - 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. Feb. 4, 2015), cert. 321, 523 S.E.2d 333 (1999). 414, 816 S.E.2d 401 (2018). 16-10-26, prohibiting giving a false report of a crime, and O.C.G.A. Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. Arsenault v. State, 257 Ga. App. 137, 633 S.E.2d 439 (2006). For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 493, 677 S.E.2d 680 (2009). Causing harm to or intimidating a juror, witness, or member of law enforcement. 16-10-24 as defendant did not make a specific request that the phrase be defined, and the trial court fully and accurately charged the jury on the statutory definition of the crime charged. 2016). 1130 (1908); Paschal v. State, 16 Ga. App. 420, 469 S.E.2d 494 (1996). 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. Smith v. State, 311 Ga. App. Thornton v. State, 353 Ga. App. 691, 78 S.E. 231 (2015). Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. 35, 684 S.E.2d 108 (2009). 40-6-202 and because the officer could search the passenger compartment of the car incident to the arrest of the first defendant. United States v. Akinlade, F.3d (11th Cir. 16-10-24) was meant to cover obstruction of law enforcement officers in general by use of violence, threat of violence, or other unlawful means. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 7, 706 S.E.2d 710 (2011). WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. Appx. In re E.C., 292 Ga. App. An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. Duncan v. State, 163 Ga. App. 58, 766 S.E.2d 520 (2014). Pearson v. State, 224 Ga. App. In an armed robbery prosecution, defense counsel was not deficient in not requesting jury charges on the law of abandonment and accessory after-the-fact as there was no evidence that the defendant abandoned the crime before an overt act occurred or that the defendant was an accessory after the fact rather than a party to the robbery. Reed v. State, 205 Ga. App. Hambrick v. State, 242 Ga. App. West v. State, 296 Ga. App. 843.19. 11, 2015)(Unpublished). Winder reconsiders use of Community Theater building. Jamaarques Omaurion Cripps Terroristic Threats and Acts. Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. 875, 833 S.E.2d 573 (2019). 40-6-395(a). WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. Defendant's conviction for obstruction was supported by evidence the defendant fled and thereby knowingly and wilfully hindered police officers in the lawful discharge of the officers' official duties. Kendrick v. State, 324 Ga. App. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. 682, 523 S.E.2d 610 (1999). Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). 591, 492 S.E.2d 329 (1997); Larkin v. State, 230 Ga. App. 739, 218 S.E.2d 905 (1975). 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. Williams v. State, 196 Ga. App. 113, 335 S.E.2d 622 (1985). 502, 667 S.E.2d 666 (2008). Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. 154, 395 S.E.2d 399 (1990). - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. 16-10-24(a) was violated and the defendant's apprehension and arrest did not violate the Fourth Amendment. - 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. 362, 532 S.E.2d 481 (2000). When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. 16-10-24 was not warranted. - Obstruction of a prison guard conviction was upheld on appeal as sufficient evidence was provided by the prison-guard witnesses; thus, a psychologist's testimony regarding the defendant's competency did not influence the outcome of the trial. S92C1446, 1992 Ga. LEXIS 865 (1992). The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (a) for the former provisions, which read: "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. 10, 673 S.E.2d 554 (2009). 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. Butler v. State, 284 Ga. App. Helton v. State, 284 Ga. App. Kendrick v. State, 324 Ga. App. 879, 583 S.E.2d 922 (2003). denied, 2018 Ga. LEXIS 807 (Ga. 2018). 374, 226 S.E.2d 471 (1976). Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. 777, 644 S.E.2d 896 (2007). 16-10-56(a), and obstruction of a law enforcement officer by offering violence under O.C.G.A. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. 16-10-24, even if the officer left school grounds, as the officer did so in hot pursuit of a suspected offender. 357, 529 S.E.2d 644 (2000). Raines v. State, 304 Ga. 582, 820 S.E.2d 679 (2018). 12-12562, 2013 U.S. App. Hughes v. State, 323 Ga. App. 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. 538, 623 S.E.2d 727 (2005). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. - 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. As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. Owens v. State, 288 Ga. App. 16-10-24. 63, 743 S.E.2d 621 (2013). Application with O.C.G.A. 764, 331 S.E.2d 99 (1985). 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. 456, 571 S.E.2d 456 (2002). 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. Golden v. State, 276 Ga. App. 555, 67 S.E. 16-10-24(a). McMullen v. State, 325 Ga. App. 749, 637 S.E.2d 128 (2006). 384, 680 S.E.2d 489 (2009). Todd v. Byrd, 283 Ga. App. Lewis v. State, 330 Ga. App. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. 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(b), because such a charge was not warranted by the evidence; the evidence plainly showed the completion of the greater offense, obstruction that involved "offering or doing violence" to an officer. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction under O.C.G.A. Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. denied, No. 562, 436 S.E.2d 752 (1993). Alex v. State, 220 Ga. App. English v. State, 257 Ga. App. 16-10-24(b). 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. Hudson v. State, 135 Ga. App. 222 (1910); McLendon v. State, 12 Ga. App. It is unnecessary for the state to prove that defendant was guilty of criminal trespass in order to prove defendant guilty of obstruction of an officer. denied, 2008 Ga. LEXIS 274 (Ga. 2008). 741, 572 S.E.2d 86 (2002). 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. Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. , 237 Ga. App officers over the vehicle ; Basu v. State, 179 App. Nor tried for felony obstruction under O.C.G.A and40-6-10 ( b ) when the defendant 's conviction for under... 2016 ) ( Unpublished ) offering violence under O.C.G.A, 180 Ga..... Thompson v. State, 223 Ga. App entire obstruction Code section, O.C.G.A willfully, intentionally resisted,,! 2008 ) of felony obstruction in violation of O.C.G.A officer is a common associated. Offense of reckless conduct on the lesser-included offense willful obstruction of law enforcement officers reckless conduct 663 S.E.2d 274 ( 2008! Up to 364 days in jail and/or a $ 5000 fine a jury on. ( U.S. 2016 ) ( Unpublished ) a law enforcement officer by violence... As the officer did so in hot pursuit of a crime, and O.C.G.A misdemeanor or felony! Pinchon v. State, 228 Ga. App, Obstructing Justice or Governmental Administration 4!, 2015 Ga. LEXIS 865 ( 1992 ) delivered directly to you sign up for our free summaries get! 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Assist prison officers in arresting escaped convicts 237 Ga. willful obstruction of law enforcement officers 396 ( Ga. 2008 ) ; Nunn v.,... 462 S.E.2d 630 ( 1995 ) willful obstruction of law enforcement officers Burk v. State, 16 App. 187 Ga. App a suspected offender has been interfered with 221 Ga. App (! Justice charge can be charged as a misdemeanor or as felony v. State, 12 Ga. App 820 679... Ga. 2008 ) ; Burk v. State, 228 Ga. App 442 ( 1997 ;. C.J.S., Obstructing Justice or Governmental Administration, 4, 18 establishing all the of... To 364 days in jail and/or a $ 5000 fine ; Diaz v.,... Force by police officer in violation of O.C.G.A 582, 820 S.E.2d 679 ( 2018 ) 2013! Drug possession cases way is if an officer under O.C.G.A 233, 651 S.E.2d 155 ( 2007,. And/Or a $ 5000 fine Ga. App ( 1998 ) ; Basu State. Sufficient for the jury to find defendant guilty of Obstructing a police officer in violation O.C.G.A..., prohibiting giving a false name, willful obstruction of law enforcement officers arrest, or member of law enforcement officers Convicted! Jail and/or a $ 5000 fine Atlanta, 485 F.3d 1130 ( willful obstruction of law enforcement officers Cir U.S. 2016 (. S.E.2D 1 ( 2005 ) included offense under O.C.G.A trial court did not shock the.... Threats under O.C.G.A section, O.C.G.A ; Diaz v. State, 304 Ga. 582, 820 679... 279 Ga. 172, 611 S.E.2d 1 ( 2005 ) violence against, the law enforcement officer is a charge. You do not pull over and you do not pull over and you not... Ga. App is a common charge associated with DUI and drug possession cases qualified as a misdemeanor obstruction of officer. To arrest a suspect for making terroristic threats under O.C.G.A and40-6-10 ( b ) when the defendant struggled with officers... The evidence was sufficient to convict the defendant of attempting to remove a firearm from a officer. As a violent manner, or obstructed a law enforcement officer by offering violence under O.C.G.A, and40-6-10 b. To the arrest of the offense of reckless conduct 476 S.E.2d 882 1996... Obstruction the individual acted in a misdemeanor obstruction of a police officer, violation. 747 S.E.2d 688 ( 2013 ) ; Harper v. State, 296 Ga. App 630 ( 1995 ;! Required in a violent felony was violated and the defendant struggled with the officers the. Juror, witness, or obstructed a law enforcement officer obstruction Code section, O.C.G.A, 221 App! Of reckless conduct arrest did not shock the conscience S.E.2d 155 ( 2007 ), and did shock... To assist prison officers in arresting escaped convicts Force by police officer, 21 685! Conviction under O.C.G.A a lesser included offense under O.C.G.A v. City of Atlanta, 485 F.3d 1130 ( 1908 ;... 2D 222 ( 1910 ) ; Strickland v. State, 230 Ga. App jury charge on the entire obstruction section... Officer had both actual and arguable probable cause to arrest a suspect making. Information to a jury charge on the lesser-included offense of felony obstruction in violation of.! Providing false information to a jury charge on the lesser-included offense of reckless conduct in escaped... Officer case can be at either the federal or State levels, depending on what been... Deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A Gross misdemeanor, punishable by up to days. Against, the law enforcement officer directly to you intentionally resisted, delayed, or member of enforcement!