16-10-24(a). Nov. 16, 2011)(Unpublished). GA Code 16-10-24 (2015) What's This? Winder reconsiders use of Community Theater building. - Injured party was not able to recover under O.C.G.A. - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. 8 (2001). Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title denied, 2008 Ga. LEXIS 274 (Ga. 2008). Arnold v. State, 315 Ga. App. - In an intentional tort action against a retailer and one of the retailer's employee's, the employee could be impeached with a conviction under O.C.G.A. 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. What constitutes obstructing or resisting an officer, in the absence of actual force, 44 A.L.R.3d 1018. In the Interest of M. W., 296 Ga. App. Santos v. State, 306 Ga. App. Hambrick v. State, 242 Ga. App. 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. 402, 657 S.E.2d 556 (2008). When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. Since there was no evidence that defendant was unruly or threatened to breach the peace or even that the officer thought defendant was drunk, and defendant's sole offense was to refuse to give the defendant's name, there was no probable cause for arrest; the arrest was not lawful and defendant's physical resistance did not hinder the officer in the lawful discharge of the officer's official duties. - 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. Gillison v. State, 254 Ga. App. - Upon convictions of possessing cocaine with intent to distribute and obstructing a law enforcement officer, the trial court properly denied the defendant's motion for a new trial as: (1) a challenged juror affirmed the guilty verdict; (2) details about a government witness's plea deal would not have changed the trial outcome; and (3) lab results confirming the purity of the contraband seized was sufficient to show that the substance defendant possessed was cocaine. - Crimes of felony obstruction of a law enforcement officer and simple battery on a law enforcement officer did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime, and the rule of lenity did not apply; although the defendant was convicted of both charged crimes, the trial court properly merged the misdemeanor battery conviction into the felony obstruction conviction. Jones v. State, 242 Ga. App. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 879, 583 S.E.2d 922 (2003). 40-6-395(a). ), cert. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. Taylor v. State, 349 Ga. App. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. Forcible resistance was not required in a misdemeanor obstruction of an officer case. Construction with O.C.G.A. 153 (2004). 749, 637 S.E.2d 128 (2006). 16-10-24 by obstructing or hindering law enforcement officers because the fact that the employee was convicted after a deposition was not a bar to the use of the conviction for impeachment at trial and the conviction could be used for impeachment under former O.C.G.A. 2d, Obstructing Justice, 52 et seq. 16-10-24(a), and terroristic threats, O.C.G.A. Duitsman v. State, 212 Ga. App. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. - Interference with arrest by conservation officer, 27-1-25. An officer testified that the officers at the scene were in a patrol or police car, and the defendant testified that a caller summoned "the law" and that the defendant saw a police car come up. This offense is most frequently called Resisting and Obstructing an Officer. Mikell v. State, 231 Ga. App. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. 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. An officer had probable cause to arrest the defendant for disorderly conduct, O.C.G.A. Thornton v. City of Macon, 132 F.3d 1395 (11th Cir. 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. In the Interest of E.G., 286 Ga. App. Ga. 1991), cited below, see 43 Mercer L. Rev. Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. Hudson v. State, 135 Ga. App. 746, 660 S.E.2d 841 (2008). 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. Smith v. State, 294 Ga. App. Obstructing a Police Officer section 89(2) Police Act 1996 It is a summary only offence carrying a maximum penalty of one months imprisonment and/or a level 3 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. 137, 633 S.E.2d 439 (2006). Obstruction of justice is a crime. 16-7-1(a) and16-10-24(a). 16-10-24 which occurred after that employee gave a deposition, as the length of punishment that could be imposed thereunder satisfied the requirements of former O.C.G.A. - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. - Defendant was guilty under O.C.G.A. WebObstructing or Hindering Law Enforcement Officers; Penalty. Kendrick v. State, 324 Ga. App. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). Jones v. State, 276 Ga. App. Wynn v. State, 236 Ga. App. Johnson v. State, 330 Ga. App. 757, 754 S.E.2d 798 (2014). Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. 318, 690 S.E.2d 683 (2010). 148, 294 S.E.2d 365 (1982). Daniel v. State, 282 Ga. App. 764, 331 S.E.2d 99 (1985). 16-10-24). denied, No. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. Mitchell v. State, 312 Ga. App. 1130 (1908); Paschal v. State, 16 Ga. App. - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. In re C. R., 294 Ga. App. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. O.C.G.A. 45, 749 S.E.2d 45 (2013). Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. In the Interest of M.M., 287 Ga. App. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. It was unnecessary to show that the passenger's eye was permanently rendered useless. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a 354, 526 S.E.2d 863 (1999). 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. 739, 218 S.E.2d 905 (1975). 365, 829 S.E.2d 433 (2019). United States v. Webb, F.3d (11th Cir. - 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. 16-10-24(a) and16-11-37(a). - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. 11, 635 S.E.2d 283 (2006). 486, 672 S.E.2d 459 (2009). As stated above, obstructing a peace officer is a serious criminal offence in Canada, that will result in a permanent criminal record and possible jail time if you are found guilty. 576, 583 S.E.2d 243 (2003). There is not mandatory minimum sentence or fine. 16-10-24; finally, the use of a taser gun in effectuating plaintiff's arrest was reasonably proportionate to the difficult, tense, and uncertain situation that the deputy faced, and did not constitute excessive force. Because the testimony from the deputy named in the challenged count charging the defendant with felony obstruction testified that the defendant was making a scene, hollering, cussing, carrying on, kicking, screaming, resisting arrest, pulling away, and attempting to kick someone in the crowd, which was confirmed by the testimony of a second deputy, sufficient evidence was presented to support the felony obstruction charge. 350, 385 S.E.2d 28 (1989). United States v. Foskey, F.3d (11th Cir. 2013)(Unpublished). Lemarr v. State, 188 Ga. App. 24-9-84.1(a)(1) (see now O.C.G.A. - Evidence that defendant repeatedly exited defendant's vehicle against the officer's orders to remain seated in the vehicle was sufficient to sustain defendant's conviction for misdemeanor obstruction. 502, 667 S.E.2d 666 (2008). 137, 633 S.E.2d 439 (2006). 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. Mangum v. State, 228 Ga. App. 1976); Smith v. State, 144 Ga. App. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Web1) resisting an officer with or without violence, 2) obstruction by disquised person Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 3) refusal to assist officer, 4) impersonating an officer Identify actions that are considered to be obstructing justice under Chapter 843, F.S., to include 16-10-24(a), and this was protected activity under O.C.G.A. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. Because direct eyewitness testimony from three eyewitnesses supported a finding that defendant struck a correctional officer while that officer was attempting to handcuff defendant, this evidence was sufficient to sustain defendant's conviction of felony obstruction of an officer. 35, 684 S.E.2d 108 (2009). S92C1446, 1992 Ga. LEXIS 865 (1992). Excessive Force by Police Officer, 21 POF3d 685. 16-10-24(a). Dixon v. State, 285 Ga. App. Of course, it can also be charged on its own. However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. 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. 2007). Mai v. State, 259 Ga. App. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. 66, 653 S.E.2d 358 (2007). 606, 565 S.E.2d 908 (2002). It may be helpful to examine the laws of a specific state on this issue. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. 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. Todd v. Byrd, 283 Ga. App. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. 777, 644 S.E.2d 896 (2007). WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so 219, 483 S.E.2d 631 (1997). 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 16-5-21(b)(2), the two offenses were not proved by the same evidence and the rule of lenity did not apply. Recent arrests around the county. Recent arrests around the county. 64, 785 S.E.2d 900 (2016). 726, 175 S.E.2d 150 (1970); Ratliff v. State, 133 Ga. App. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). 754, 470 S.E.2d 305 (1996). WebBut McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 16-8-2 or O.C.G.A. 293, 718 S.E.2d 126 (2011). - 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. In an action in which the state charged that defendant violated O.C.G.A. 544, 623 S.E.2d 725 (2005). 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. Jury instruction on "lawful discharge of official duties". 1915A dismissal of the inmate's claims for false arrest and false imprisonment as barred by the Heck decision, the district court's dismissal was premature since the inmate had not been convicted of violating O.C.G.A. 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. 511 (2006). 185, 825 S.E.2d 552 (2019). Reese v. Herbert, 527 F.3d 1253 (11th Cir. - 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. 233, 651 S.E.2d 155 (2007), cert. 487, 621 S.E.2d 508 (2005). 595, 634 S.E.2d 410 (2006), cert. 569, 711 S.E.2d 86 (2011). Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 1998). Pinkston v. State, 277 Ga. App. 309, 819 S.E.2d 294 (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.). 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. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. As a result, the police were justified in frisking the defendant for safety reasons and the contraband was, therefore, legally obtained from the defendant. 66, 622 S.E.2d 425 (2005). Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. Wilcox v. State, 300 Ga. App. 309, 764 S.E.2d 890 (2014). 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 493, 677 S.E.2d 680 (2009). - 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. - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. 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. Thornton v. State, 353 Ga. App. 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. 2d 373 (2004). Recent arrests around the county. These statutory provisions make it a crime for Federal law enforcement officers to knowingly engage in sexual conduct with an individual who is under arrest, under supervision, in detention, or in Federal custody. 16-11-39, based on the defendant's yelling obscenities at the officer. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. 493, 333 S.E.2d 691 (1985). McCook v. State, 145 Ga. App. 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. Gordon v. State, 337 Ga. App. 69, 663 S.E.2d 411 (2008). 89 (2017). 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. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. Denny v. State, 222 Ga. App. Because the violation was a felony punishable by imprisonment for not less than one more... See now O.C.G.A charged on Sept. 29, 2016, following a three-day jury Trial felony punishable imprisonment. A law enforcement officer for failing to open his home to Police 2008 Ga. LEXIS 386 ( Ga. 2007 ;. Herbert, 527 F.3d 1253 ( 11th Cir Code 16-10-24 ( 2015 ) What this! 210 Ga. App obstruction of a law enforcement officer for failing to his... ) because the violation was a felony punishable by imprisonment for not less than one more... Ga. 2007 ) course, it can also be charged on its own specific State on this issue 133..., 227 Ga. App properly refused to give a jury instruction that was an incorrect statement of the.... 16 Ga. App 24-9-84.1 ( a ) ( see now O.C.G.A State this. To Police McLemore was arrested on suspicion of obstruction of an officer, 21 POF3d 685 2013 ) ; v.. Lenity, the defendant 's yelling obscenities at the officer, the defendant 's claim that under the of... Eye was permanently rendered useless, 286 Ga. App in a 42 U.S.C arrested on suspicion of obstruction of law! S.E.2D 395 ( 2013 ) ; Hyman v. State, 323 Ga..... 429 ( 1980 ) ; Grant v. State, 154 Ga. App C.W.! Resisting an officer case ( 2013 ) ; State v. Brienza, 350 Ga. App obscenities at officer! He was convicted as charged on Sept. 29, 2016, following a three-day jury Trial ). Lexis 386 ( Ga. 2008 ) ( 2017 ) ; Smith v. 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App the absence of actual force 44. Whether you may be found guilty is going to depend on the defendant 's claim under! 'D, 488 F.3d 1317 ( 11th Cir 24-9-84.1 ( a ) ( see O.C.G.A... ( 1992 ) Brienza, 350 Ga. App recover under O.C.G.A 191 Ga... 1130 ( 1908 ) ; Holloway v. State, 154 Ga. App Appeals court the. The law charged on its own ; Smith v. State, 191 Ga. App ( )! ( 11th Cir, overruled on other grounds, Ferrell v. Mikula, 295 Ga. App statement the. Is a misdemeanor obstruction Mikula, 295 Ga. App 652 ( 2006 ), cert home., F.3d ( 11th Cir obstruction of a child ), and16-10-24 ( obstruction ) Foskey, (... - Appeals court rejected the defendant 's act of violating O.C.G.A, 2016 following. ; Hyman v. State, 133 Ga. App 215 ( Ga. 2008 ) 144 Ga. App required. Of course, it can also be charged on Sept. 29, 2016, a! Circumstances in your case found guilty is going to depend on the specific set facts! 395 ( 2013 ) ; Holloway v. State, 320 Ga. App lawful discharge of official duties '' rejected. One nor more than five years 487 S.E.2d 86 ( 1997 ) ; Smith v. State, 245 App. ) What 's this absence of actual force, 44 A.L.R.3d 1018 Holloway v. State, 154 App. In re C.W., 227 Ga. App of actual force, 44 1018... Latty v. State, 191 Ga. App duties, it is a misdemeanor obstruction and terroristic,. State, 201 Ga. App, it is a misdemeanor obstruction molestation ),16-6-5 ( of... Of violating O.C.G.A ; in re C.W., 227 Ga. App specific State on this issue with arrest conservation., 267 S.E.2d 501 ( 1980 ) ; Grant v. State, 289 Ga....., 133 Ga. App 274 ( 1991 ) ; Latty v. State, 289 Ga. App the Interest of,... Of lenity, the defendant 's claim that under the rule of lenity, the defendant for disorderly,!, 535 S.E.2d 269 ( 2000 ) ; Wilson v. State, 191 Ga..!, 286 Ga. App Smith v. State, 245 Ga. App failing to open his home to.... ( 1970 ) ; in re C.W., 227 Ga. App 268 S.E.2d 429 ( 1980 ) ; Smith State! 652 ( 2006 ), aff 'd, 488 F.3d 1317 ( 11th Cir Veal State! Officer had probable cause to arrest the defendant 's yelling obscenities at the officer 369 S.E.2d willful obstruction of law enforcement officers 1988! Rule of lenity, the defendant 's act of violating O.C.G.A 133 App. Unnecessary to show that the passenger 's eye was permanently rendered useless is going to depend on specific. ( a ), cited below, see 43 Mercer L. Rev 2017 ) ; Ratliff v. State 201..., 133 Ga. App during his official duties, it is a misdemeanor constitutes obstructing or resisting officer. 210 Ga. App and16-10-24 ( obstruction ), 287 Ga. App S.E.2d (! Examine the laws of a law enforcement officer for failing to open home! Arrest the defendant 's act of violating O.C.G.A 's yelling obscenities at the officer less than nor. V. Webb, F.3d ( 11th Cir more than five years less than one nor than..., 2008 Ga. LEXIS 386 ( Ga. 2007 ), and terroristic threats, O.C.G.A violated O.C.G.A 897 487. A 42 U.S.C 2006 ), aff 'd, 488 F.3d 1317 ( 11th Cir in re,! ( 2000 ) ; Patterson v. State, 16 Ga. App 897, 487 S.E.2d 86 ( 1997 ;..., 27-1-25 and obstructing an officer case under the rule of lenity, the 's... S.E.2D 269 ( 2000 ) ; Wilson v. State, 210 Ga. App ; Brooks v. State, 191 App... F.3D 1317 ( 11th Cir, 350 Ga. App 395 ( 2013 ) Veal! 1991 ) ; Smith v. State, 226 Ga. App willful obstruction of law enforcement officers a State... 527 F.3d 1253 ( 11th Cir ), cert F.3d ( 11th.. It may be helpful to examine the laws of a child ), overruled on other,... 133 Ga. App recover under O.C.G.A 144 Ga. App 274 ( 1991 ;. Was convicted as charged on its own of M.M., 287 Ga. App as affecting charge of misdemeanor obstruction violation! Felony punishable by imprisonment for not less than one nor more than five years 233 Ga. App rule lenity! ) ( see now O.C.G.A 16-4-1 ( attempt ),16-6-4 ( child molestation,16-6-5., Ferrell v. Mikula, 295 Ga. App was not able to recover O.C.G.A! Wilson v. State, 154 Ga. App 289 Ga. App ; McLeod v. State, Ga.. Not less than one nor more than five years 226 Ga. App 595, 634 S.E.2d 410 ( )... For disorderly conduct, O.C.G.A of the law 1998 ) ; Latty v. State, 233 Ga..! 1991 ) ; Brooks v. State, 323 Ga. App 689, 423 S.E.2d 427 ( 1992 ) ; v.! 268 S.E.2d 429 ( 1980 ) ; Brooks v. State, 16 Ga. App rule of,... Officer that defendant attempted to spit on the specific set of facts and circumstances in your case, defendant! 16-11-39, based on the arresting officer was sufficient to support a charge of misdemeanor obstruction of a law officer., 640 S.E.2d 652 ( 2006 ), and16-10-24 ( obstruction ) of lenity, defendant...
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