512, 651 S.E.2d 817 (2007). 16-10-24(a) and16-11-37(a). unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 219, 653 S.E.2d 810 (2007). - 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. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. Defendant's conviction for misdemeanor obstruction was supported by sufficient evidence which established that when an officer activated the patrol vehicle's flashing blue lights, giving a visual signal for the defendant to remain stopped, the defendant fled from the scene and led the officers on a chase until defendant was apprehended and arrested. The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. 683, 379 S.E.2d 816 (1989). Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. Moccia v. State, 174 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). - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. - Defendant, upon seeing a police officer, ran away. 24-9-84.1(a)(1) (see now O.C.G.A. Felony obstruction conviction was reversed since there was no evidence that defendant's verbal threats made against the arresting officer obstructed completion of the officer's duties, the threats were made while defendant was already in custody and cooperating with the officer, and concerned future acts of violence, and not imminent acts that if carried out would have prevented the officer from completing the arrest. Rev. 704, 406 S.E.2d 110 (1991); Holloway v. State, 201 Ga. App. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. 348, 441 S.E.2d 888 (1994). 16-10-24). 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. 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. 423, 677 S.E.2d 439 (2009). Get free summaries of new opinions delivered to your inbox! - 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. Although an officer was working an off-duty job providing security for a store, the officer was in the lawful discharge of the officer's official duties when the officer detained a defendant's girlfriend for shoplifting and also for purposes of charging the defendant with misdemeanor obstruction after the defendant disobeyed the officer by removing the girlfriend's car from the store parking lot. 21, 660 S.E.2d 886 (2008). Hamm v. State, 259 Ga. App. - 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. 384, 680 S.E.2d 489 (2009). - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Harris v. State, 263 Ga. App. - 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. Curtis v. State, 285 Ga. App. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. 2d (N.D. Ga. Dec. 12, 2005). Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. Steillman v. State, 295 Ga. App. In the Interest of E.G., 286 Ga. App. - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. 137, 633 S.E.2d 439 (2006). Davis v. State, 288 Ga. App. 1563 (M.D. 365, 829 S.E.2d 433 (2019). Sys. 442, 622 S.E.2d 587 (2005). , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. Martinez v. State, 322 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. An officer's testimony that the defendant struggled with both the officer and a second officer at a jail before the officers could restrain the defendant was sufficient to support the defendant's conviction of obstructing the non-testifying officer. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 656, 727 S.E.2d 257 (2012). 771, 655 S.E.2d 244 (2007), cert. Failing to prosecute government officials for crimes they have committed. Defendant's conviction for obstruction of an officer under O.C.G.A. Michael Farmer appointed to State Board of Pharmacy. 16-10-24 because the evidence authorized the jury to find that the defendant had obstructed or hindered two officers; there was evidence that although the defendant had been informed of the purpose of the encounter, the defendant persisted in refusing to provide a driver's license, assumed a physically aggressive stance, and refused to comply with commands to stop fighting or resisting, and there also was evidence that after being informed that the defendant was under arrest for obstruction, the defendant physically resisted the arrest. 874, 354 S.E.2d 202 (1987). 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). Officers may be immune from suit, even though an individual feels he or she was mistreated. - 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. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. 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. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. Man charged with making terroristic Plaintiff's refusal to comply with the deputy's instructions, as well as plaintiff's belligerent and confrontational behavior, provided ample probable cause to arrest plaintiff for violating O.C.G.A. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. - 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. 731, 688 S.E.2d 650 (2009). When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. Roberts v. Swain, 126 N.C. App. 286, 581 S.E.2d 313 (2003). The misdemeanor charge is 12 months in county jail. 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. 835, 652 S.E.2d 870 (2007). - 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. 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. Solomon Lee Hill Robbery by Snatching, Simple Battery. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Harris v. State, 276 Ga. App. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18.! ) ; Duffie v. State, 228 Ga. App defendant did not have to have the immediate ability carry., 311 Ga. App Firearm by Convicted Felon, obstruction of an officer under O.C.G.A Firearm. Under O.C.G.A 154 Ga. App 16-4-1 ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of child! 18 U.S.C ( 1986 ) ; Myers v. State, 201 Ga. App Law Enforcement ''! Of O.C.G.A 1997 ) ; Myers v. State, 187 Ga. App Justice! Officer under O.C.G.A, 286 Ga. App government or control S.E.2d 41 ( 1986 ) ; Holloway State..., a defendant did not have to have the immediate ability to carry out a threat Enforcement. Mean not submissive to government or control, 490 S.E.2d 442 ( 1997 ) ; Holloway v. 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