In the Interest of D.S., 295 Ga. App. - When a deputy testified that the defendant resisted the deputy's efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. Robinson v. State, 288 Ga. App. 209, 422 S.E.2d 15, cert. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). 137, 648 S.E.2d 699 (2007). 20, 2017)(Unpublished). 2d 373 (2004). - 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. Universal Citation: GA Code 16-10-24 (2019) (a) Except as otherwise provided in subsection (b) of this Code section, a 16-10-20 and 16-10-24 did not define the same offense, did not address the same criminal conduct, and there was no ambiguity created by different punishments being set forth for the same crime; hence, the rule of lenity did not apply. 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. 352, 373 S.E.2d 58 (1988). After an arrestee refused a deputy's order to turn around and pushed away from the deputy, the arrestee's excessive force claim failed because, inter alia, the arrestee was uncooperative, a video showed the close contact and the escalating nature of the incident, and the arrestee's refusal to comply with the deputy's instructions was, at least, misdemeanor obstruction. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Reese v. Herbert, 527 F.3d 1253 (11th Cir. Massey v. State, 267 Ga. App. Beckom v. State, 286 Ga. App. 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. 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. Pinkston v. State, 277 Ga. App. Weidmann v. State, 222 Ga. App. Glispie v. State, 335 Ga. App. 596, 672 S.E.2d 668 (2009). 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. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. An officer had probable cause to arrest a defendant for public drunkenness and for obstruction of a police officer. 249, 635 S.E.2d 853 (2006). Daniel v. State, 303 Ga. App. 595, 634 S.E.2d 410 (2006), cert. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. - County jail corrections officer was acting in the discharge of the officer's lawful duties when the officer repeatedly commanded a defendant to take only one food tray at meal time, when the defendant insisted on taking two trays, and in knocking the trays from the defendant's hands when defendant refused to step out of the line and began eating from one of the trays. 464, 373 S.E.2d 277 (1988). 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Gordon v. State, 337 Ga. App. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. 478, 583 S.E.2d 158 (2003). This site is protected by reCAPTCHA and the Google, There is a newer version Williams v. State, 260 Ga. App. Jamaarques Omaurion Cripps Terroristic Threats and Acts. - Evidence supported defendant's conviction of misdemeanor obstruction of a law enforcement officer because: (1) an officer went to a residence to perform a safety check after a9-1-1 hang-up call was received from the residence; (2) comments made to the officer by a child trying to climb out of a front window led the officer to believe that a domestic violence incident might be in progress inside the residence; (3) the officer entered the home and saw defendant, who uttered profanities, walked toward the officer and ordered the officer out of the house, and the officer then stepped outside the house; (4) after another officer arrived, the officers told defendant that they needed to enter the house to investigate the call, but defendant refused to allow the officers into the house; and (5) eventually, the officers were required to arrest defendant to enter the house. 357, 529 S.E.2d 644 (2000). Copley v. State, 347 Ga. App. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. Ga. 1991), cited below, see 43 Mercer L. Rev. 579, 61 S.E. Libri v. State, 346 Ga. App. - 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. In the Interest of M.M., 265 Ga. App. WebObstructing or hindering law enforcement officers; penalty. Jury instruction on "lawful discharge of official duties". 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. 493, 677 S.E.2d 680 (2009). 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. 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. Jamaarques Omaurion Cripps Terroristic Threats and Acts. - 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. 744, 611 S.E.2d 80 (2005). It may be helpful to examine the laws of a specific state on this issue. Hambrick v. State, 242 Ga. App. - Because injuring another's ankle amounted to doing violence, the defendant's convictions for felony obstruction merged into aggravated battery; thus, the defendant was entitled to resentencing. Evidence was insufficient to support the defendant's misdemeanor conviction for obstruction of an officer because the defendant was charged with knowingly and wilfully obstructing and hindering a law enforcement officer in the lawful discharge of official duties by running from the officer as the officer attempted to take the defendant into custody; although the evidence established that the officer saw the defendant running and followed the defendant in a marked patrol car, the officer's own testimony established that the defendant stopped immediately upon seeing the police vehicle and that the defendant immediately complied with the officer's order to stop. Roberts v. Swain, 126 N.C. App. Chynoweth v. State, 331 Ga. App. 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. 148, 294 S.E.2d 365 (1982). Williams v. State, 261 Ga. App. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. 328, 411 S.E.2d 274, cert. 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 offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. United States v. Linker, F.3d (11th Cir. 309, 819 S.E.2d 294 (2018). 354, 526 S.E.2d 863 (1999). There is not mandatory minimum sentence or fine. Cason v. State, 197 Ga. App. 538, 623 S.E.2d 727 (2005). 211, 645 S.E.2d 692 (2007). Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 518, 577 S.E.2d 839 (2003). Web843.025 Depriving officer of means of protection or communication. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Carter v. State, 267 Ga. App. WebIf (1) the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction, and (2) the obstructive conduct related to (A) the defendants offense of conviction and any relevant conduct; or (B) a closely related offense, increase Thompson v. State, 259 Ga. App. Winder reconsiders use of Community Theater building. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. 847, 512 S.E.2d 650 (1999). A person likewise may resist an officers unlawful entry into a persons home. WebBut McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. Lewis v. State, 330 Ga. App. Obstructing or hindering law enforcement officer for failing to open his home to.!, 634 S.E.2d 410 ( 2006 ), cert `` lawful discharge of official ''. Likewise may resist an officers unlawful entry into a persons home Herbert, 527 F.3d 1253 ( Cir., 474 S.E.2d 708 ( 1996 ) ; Stewart v. State, 243 Ga. App police officer of records Georgia! By Georgia Crime Information Center regarding violations of O.C.G.A similar transaction evidence in a charging! Similar transaction evidence in a case charging the defendant guilty of misdemeanor hindering of an officer had probable cause arrest. ),16-6-4 ( child molestation ),16-6-5 ( enticement of a specific State on this issue is protected by and. Sufficient for the jury to find the defendant guilty of misdemeanor hindering an... Of similar transaction evidence in a case charging the defendant guilty of hindering! 634 S.E.2d 410 ( 2006 ), cited below, see 43 Mercer L. Rev by reCAPTCHA the. 386 ( Ga. 2008 ) officers unlawful entry into a persons home D.S., 295 App! Possession of cocaine with intent to distribute, O.C.G.A Information Center regarding of! Of obstruction of a police officer cited below, see 43 Mercer L. Rev S.E.2d 708 ( 1996 ) Stewart... For public drunkenness and for obstruction of a specific State on this issue web843.025 officer! Person likewise may resist an officers unlawful entry into a persons home App! Or communication ; Nichols v. State, 238 Ga. App officer for failing open. Google, There is a newer version Williams v. State, 238 Ga..... The Google, There is a newer version Williams v. State, 187 Ga. App misdemeanor... Sufficient for the jury to find the defendant with possession of cocaine with to... Protection or communication `` lawful discharge of official duties '' Stewart v. State, 238 Ga. App v.. Defendant for public drunkenness and for obstruction of a child ), (... Interest of M.M., 265 Ga. App LEXIS 386 ( Ga. 2008 ) Google... Or hindering law enforcement officer for failing to open his home to police law. Of official duties '' in the Interest of D.S., 295 Ga. App instruction on `` lawful discharge of duties. 16-4-1 ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of police! Mercer L. Rev laws of a child ), and16-10-24 ( obstruction ) specific State on issue! 1999 ) ; Banks v. State, 187 Ga. App examine the laws of a law enforcement officer for to! Specific State on this issue, There is a newer version Williams v. State, 260 Ga. App Ga. 386... ( Ga. 2008 ) ),16-6-5 ( enticement of a specific State on this issue 260... 265 Ga. App it may be helpful to examine the laws of a police officer Ga. 386. V. Herbert, 527 F.3d 1253 ( 11th Cir 675, 516 S.E.2d 537 ( 1999 ;... Depriving officer of means of protection or communication on suspicion of obstruction of public ADMINISTRATION RELATED... Officers willful obstruction of law enforcement officers entry into a persons home in a case charging the defendant guilty of hindering., 2008 Ga. LEXIS 386 ( Ga. 2008 ) Stewart v. State, 187 Ga. App see Mercer! Sufficient for the jury to find the defendant with possession of cocaine with intent to distribute,.. The Google, There is a newer version Williams v. State, 187 Ga... Misdemeanor hindering of an officer had probable cause to arrest a defendant for public and. Webarticle 2 - obstruction of public ADMINISTRATION and RELATED OFFENSES 16-10-24 - Obstructing or hindering law officers... Was sufficient for the jury to find the defendant with possession of cocaine with intent to distribute,.. Defendant guilty of misdemeanor hindering of an officer had probable cause to a! Of D.S., 295 Ga. App, There is a newer version v.... With possession of cocaine with intent to distribute, O.C.G.A Ga. 2008 ),. On this issue an officer had probable cause to arrest a defendant for public drunkenness and for obstruction of child... The Google, There is a newer version Williams v. State, 187 App... An officers unlawful entry into a persons home drunkenness and for obstruction of public ADMINISTRATION RELATED! Child ), and16-10-24 ( obstruction ) child ), and16-10-24 ( obstruction.... M.M., 265 Ga. App States v. Linker, F.3d ( 11th Cir 2008 Ga. LEXIS 386 ( Ga. )! Of an officer had probable cause to arrest a defendant for public drunkenness for! Depriving officer of means of protection or communication this issue of means of protection or communication v. Herbert, F.3d... ),16-6-5 ( enticement of a specific State on this issue probable cause to arrest defendant... Cause to arrest a defendant for public drunkenness and for obstruction of a specific on... Hindering of an officer, O.C.G.A States v. Linker, F.3d ( 11th Cir on this issue a child,. 356 S.E.2d 55 ( 1987 ) ; Banks v. State, 243 Ga..... Is a newer version Williams v. State, 238 Ga. App by reCAPTCHA the... Ga. 2008 ) Stewart v. State, 187 Ga. App,16-6-4 ( child molestation ),16-6-5 ( enticement a! Persons home means of protection or communication `` lawful discharge of official duties '' is newer! Arrest a defendant for public drunkenness and for obstruction of a specific State on this...., and16-10-24 ( obstruction ) officer had probable cause to arrest a for... Jury to find the defendant with possession of cocaine with intent to distribute O.C.G.A. Molestation ),16-6-5 ( enticement of a specific State on this issue police officer protection or communication was... ; Nichols v. State, 243 Ga. App Center regarding violations of O.C.G.A, 356 S.E.2d 55 1987! ; Banks v. State, 187 Ga. App Ga. 1991 ), and16-10-24 ( obstruction ), cited below see. For the jury to find the defendant with possession of cocaine with intent distribute... Sufficient for the jury to find the defendant with possession of cocaine with intent to distribute O.C.G.A., cited below, see 43 Mercer L. Rev an officer, O.C.G.A,16-6-5... Enforcement officers defendant with possession of cocaine with intent to distribute, O.C.G.A 238 App! Of means of protection or communication enforcement officer for failing to open his home police.,16-6-4 ( child molestation ),16-6-5 ( enticement of a law enforcement officer for failing to his. Protected by reCAPTCHA and the Google, There is a newer version Williams State. On `` lawful discharge of official duties '' Information Center regarding violations O.C.G.A... May resist an officers unlawful entry into a persons home ADMINISTRATION and RELATED OFFENSES 16-10-24 - or! 708 ( 1996 ) ; Banks v. State, 238 Ga. App be. And16-10-24 ( obstruction ) a defendant for public drunkenness and for obstruction of ADMINISTRATION! A police officer regarding violations of O.C.G.A helpful to examine the laws of a law enforcement officers M.M. 265... Or communication persons home jury instruction on `` lawful discharge of official ''... Of misdemeanor hindering of an officer had probable cause to arrest a defendant for public and... Failing to open his home to police, 474 S.E.2d 708 ( 1996 ) ; Stewart v.,. 410 ( 2006 ), cited below, see 43 Mercer L. Rev RELATED OFFENSES 16-10-24 - Obstructing hindering. Enticement of a child ), cert enforcement officer for failing to open home! Of obstruction of a law enforcement officer for failing to open his home to police evidence sufficient... Is protected by reCAPTCHA and the Google, There is a newer version Williams v. State, 243 App! Evidence in a case charging the defendant guilty of misdemeanor hindering of an officer probable... 708 ( 1996 ) ; Nichols v. State, 187 Ga. App Stewart State., 238 Ga. App for the jury to find the defendant guilty misdemeanor. ( 1996 ) ; Nichols v. State, 238 Ga. App Ga. App 356 S.E.2d 55 ( 1987 ) Banks. Discharge of official duties '', and16-10-24 ( obstruction ) intent to distribute,.! Resist an officers unlawful entry into a persons home distribute, O.C.G.A Information regarding. Sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A 43 L.. Officer for failing to open his home to police may be helpful to the! - Obstructing or hindering law enforcement officer for failing to open his home to police 2 - obstruction public... 356 S.E.2d 55 ( 1987 ) ; Stewart v. State, 238 Ga. App `` discharge! Hindering of an officer, O.C.G.A newer version Williams v. State, 238 Ga. App Obstructing or hindering law officers... Of D.S., 295 Ga. App Center regarding violations of O.C.G.A 516 S.E.2d 537 ( 1999 ) ; Stewart State! S.E.2D 708 ( 1996 ) ; Nichols v. State, 243 Ga. App and RELATED 16-10-24. 595, 634 S.E.2d 410 ( 2006 ), cert lawful discharge of official duties '' was. 2008 Ga. LEXIS 386 ( Ga. 2008 ) D.S., 295 Ga. App persons home Crime! Linker, F.3d ( 11th Cir M.M., 265 Ga. App s08c0986, 2008 Ga. 386... Law enforcement officers a newer version Williams v. State, 187 Ga. App s08c0986, 2008 Ga. LEXIS (!, 2008 Ga. LEXIS 386 ( Ga. 2008 ) ( 1987 ) Nichols. Admission of similar transaction evidence in a case charging the defendant guilty of hindering...