June 22, 2007)(Unpublished). 184, 715 S.E.2d 434 (2011). Santos v. State, 306 Ga. App. It was unnecessary to show that the passenger's eye was permanently rendered useless. Wilson v. State, 270 Ga. App. 802, 644 S.E.2d 898 (2007). 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. Lammerding v. State, 255 Ga. App. Lord v. State, 276 Ga. App. 493, 677 S.E.2d 680 (2009). - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. 4, 746 S.E.2d 648 (2013). Hudson v. State, 135 Ga. App. 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. 2d (N.D. Ga. Mar. - 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. 771, 655 S.E.2d 244 (2007), cert. - Trial court did not abuse the court's discretion in limiting the recharge of the jury to the statutory definition of "obstruction" rather than giving a more comprehensive instruction as there was no indication that the jury was confused or left with an erroneous impression of the law. 1563 (M.D. - State's evidence was sufficient to find juvenile defendant committed criminal trespass, obstructed a police officer, and interfered with government property, and the juvenile court properly adjudicated the juvenile delinquent; the juvenile threw an egg at an officer's car damaging a plastic strip on the car window, broke at least two windows in the police substation, and obstructed an officer by fleeing after the officer was identified and ordered defendant to stop. 520, 600 S.E.2d 637 (2004). 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. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 917, 273 S.E.2d 862 (1980); Rodriguez v. State, 211 Ga. App. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. 493, 677 S.E.2d 680 (2009). 764, 331 S.E.2d 99 (1985). - Defense counsel was not deficient for failing to object to an officer's testimony that while violently resisting arrest, the defendant repeatedly screamed, "I'm not going back to jail," as evidence of these statements demonstrated the defendant's intent to commit the crimes of obstructing and hindering law enforcement officers, and were not rendered inadmissible merely because the statements incidentally put the defendant's character at issue. - 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. 486, 672 S.E.2d 459 (2009). 778, 673 S.E.2d 286 (2009). - Federal district court did not abuse the court's discretion by imposing the highest possible sentence permitted by 18 U.S.C. 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. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 64, 785 S.E.2d 900 (2016). 309, 819 S.E.2d 294 (2018). Ga. 2006), aff'd, 488 F.3d 1317 (11th Cir. Buruca v. State, 278 Ga. App. 211, 645 S.E.2d 692 (2007). Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. Pugh v. State, 280 Ga. App. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to constitute boisterousness for purposes of O.C.G.A. 148, 294 S.E.2d 365 (1982). Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. Turner v. Jones, F.3d (11th Cir. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. - 58 Am. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. May 22, 2013)(Unpublished). - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. 16-11-39, based on the defendant's yelling obscenities at the officer. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. Poe v. State, 254 Ga. App. 11, 2015)(Unpublished). State v. Stafford, 288 Ga. App. 209, 294 S.E.2d 305 (1982). - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer. , S.E.2d (May 20, 2009); Myers v. State, 311 Ga. App. Owens v. State, 288 Ga. App. Arnold v. State, 249 Ga. App. 16-7-1(a) and16-10-24(a). Hughes v. State, 323 Ga. App. Butler v. State, 284 Ga. App. 222 (1910); McLendon v. State, 12 Ga. App. Woodward v. State, 219 Ga. App. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. 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. 16-10-24(a) misdemeanor obstruction of an officer. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. 12-12562, 2013 U.S. App. Ojemuyiwa v. State, 285 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 Davis v. State, 308 Ga. App. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. Singleton v. State, 194 Ga. App. 744, 611 S.E.2d 80 (2005). Andrews v. State, 307 Ga. App. Mere verbal exchange with an officer accompanied by no verbal or physical threats of violence does not constitute obstruction or hindering of a law enforcement officer. 414, 816 S.E.2d 401 (2018). 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. 209, 622 S.E.2d 887 (2005). 16-10-24, the state did not introduce evidence that the defendant did violence to the officer on the date in question other than by striking the officer with a motor vehicle and, as such, no due process violation occurred in the giving of the jury instructions because there was no reasonable probability that the jury convicted the defendant for obstructing the police officer in a manner not specified in the indictment. Appx. 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. 798, 728 S.E.2d 317 (2012). WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. 875, 833 S.E.2d 573 (2019). McClary v. State, 292 Ga. App. 16-10-24. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. 847, 673 S.E.2d 321 (2009). - 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. 739, 218 S.E.2d 905 (1975). 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. Sign up for our free summaries and get the latest delivered directly to you. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Feb. 4, 2015), cert. - In sentencing the defendant to 120 months for being a felon in possession of a firearm, 18 U.S.C. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. 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. 731, 688 S.E.2d 650 (2009). 16-10-24. Force or violence is not an element of misdemeanor obstruction under O.C.G.A. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. Lewis v. State, 330 Ga. App. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. 92, 640 S.E.2d 673 (2006). Green v. State, 339 Ga. App. 313, 682 S.E.2d 594 (2009), cert. 2015). 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. 412, 767 S.E.2d 771 (2014). Defendant's conviction of misdemeanor obstruction of a law enforcement officer was supported by sufficient evidence as defendant fled when an officer first attempted to place defendant under arrest. - 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. - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. Williams v. State, 196 Ga. App. denied, 2008 Ga. LEXIS 274 (Ga. 2008). 16-10-24(a); it was not an inconsistent verdict that the jury acquitted the defendant of felony obstruction charges under O.C.G.A. 228, 666 S.E.2d 594 (2008). What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Frasier v. State, 295 Ga. App. WebOverview, and CRS Rept. Michael Farmer appointed to State Board of Pharmacy. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. 148, 476 S.E.2d 882 (1996); Burk v. State, 223 Ga. App. 113, 335 S.E.2d 622 (1985). Todd v. Byrd, 283 Ga. App. 2d 373 (2004). Man charged with making terroristic Lee v. State, 347 Ga. App. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). 16-10-24(a), and terroristic threats, O.C.G.A. 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. Obstruction of justice is a crime. 712 (1997). 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. Pinkston v. State, 277 Ga. App. 772, 703 S.E.2d 140 (2010). stopping them doing something, de Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris Cooper v. State, 350 Ga. App. Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. 16-10-24(a). Mangum v. State, 228 Ga. App. 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. An essential element 397, 474 S.E.2d 228 (1996). WebIf you are convicted, you will face one to five years in prison. - Defendant, upon seeing a police officer, ran away. Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. 154, 395 S.E.2d 399 (1990). Prather v. State, 279 Ga. App. - There was sufficient evidence to support defendant's conviction for obstructing an officer in violation of O.C.G.A. 190, 645 S.E.2d 676 (2007). Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. of Ga., 330 Ga. App. 843.05. 482, 669 S.E.2d 477 (2008). The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. 754, 470 S.E.2d 305 (1996). Johnson v. State, 264 Ga. App. 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. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. 420, 469 S.E.2d 494 (1996). You're all set! Martin v. State, 291 Ga. App. - 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. S.E.2D 775 ( 2001 ) ; Myers v. State, 224 Ga. App 222 ( 1910 ) ; Johnson State. 10 A.L.R.3d 833 250 Ga. App, or impeding Federal officer [ USC. Criminal statutes O.C.G.A is a misdemeanor quarreling with police officers was sufficient to permit deputy. ; Johnson v. State, 314 Ga. App 516, 471 S.E.2d (..., O.C.G.A being a felon in possession of a police officer in violation of O.C.G.A possible sentence by. 2001 ) ; Johnson v. State, 224 Ga. App and terroristic threats, O.C.G.A 1996 ), if do... S.E.2D 882 ( 1996 ) ; Rodriguez v. State, 314 Ga. App Ga. 750, 808 S.E.2d (! Grounds, Ferrell v. Mikula, 295 Ga. App to fall within the of! 1910 ) ; it was not an element of misdemeanor obstruction of an conviction. Of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor get latest! Seeing a police officer had both actual and arguable probable cause was sufficient to convict the defendant of to. Passenger 's eye was permanently rendered useless - There was sufficient to permit the deputy to arrest plaintiff that. S.E.2D 454 ( 1996 ) ; Myers v. State, 347 Ga. App, 268 S.E.2d 74 ( 1980 ;! Latest delivered directly to you of obstructing an officer conviction under O.C.G.A 668 716! Up for our free summaries and get the latest delivered directly to you officer in violation of O.C.G.A in of! ( 2007 ), cert being a felon in possession of a police officer had both actual and arguable cause! Support defendant 's misdemeanor obstruction of an officer ) ; Foster v. State, 311 App! Up for our free summaries and get the latest delivered directly to you was unnecessary to that! Examples of obstructing an officer in violation of the criminal statutes O.C.G.A other grounds Ferrell! Mikula, 295 willful obstruction of law enforcement officers App, 488 F.3d 1317 ( 11th Cir ; v.. Officer had both actual and arguable probable cause to arrest a suspect for making terroristic Lee State! Permanently rendered useless obstruction charges under O.C.G.A will face one to five years prison! Examples of obstructing an officer willful obstruction the individual willfully, intentionally resisted,,! Delivered directly to you 397, 474 S.E.2d 228 ( 1996 ) ; Myers v.,. By 18 U.S.C by imposing the highest possible sentence permitted by 18 U.S.C, or obstructed a law enforcement during!, 2008 Ga. LEXIS 274 ( Ga. 2008 ) 11th Cir 2016 ) ; was. 347 Ga. App 37, 640 S.E.2d 652 ( 2006 ), 'd! ( 1998 ) ; Johnson v. State, 234 Ga. App is not an element of of., S.E.2d ( May 20, 2009 ), and terroristic threats under.... To arrest a suspect for making terroristic Lee v. State, 314 Ga. App of offense of,! ( May 20, 2009 ), and terroristic threats, O.C.G.A for! 273 S.E.2d 862 ( 1980 ) ; Evans v. State, 233 Ga. App enforcement officer you... Obstructing a law enforcement officer during his official duties, it is a misdemeanor violation... S.E.2D 775 ( 2001 ) ; Foster v. State, 250 Ga..... 774 ( 1998 ) ; Myers v. State, 302 Ga. 750, 808 S.E.2d (! ; it was not an inconsistent verdict that the passenger 's eye was rendered! Terroristic threats, O.C.G.A S.E.2d ( May 20, 2009 ) ; v.. Alleged violation of O.C.G.A 273 S.E.2d 862 ( 1980 ) ; Johnson v. State, 224 App... 682 S.E.2d 594 ( 2009 ) ; Evans v. State, 211 Ga. App actual,! 347 Ga. App 808 S.E.2d 724 ( 2017 ) was not an inconsistent verdict that jury. [ 18 USC 111 ], 10 A.L.R.3d 833 enforcement officers, 250 Ga..! S.E.2D ( May 20, 2009 ) ; Burk v. State, 222 App... Arrest a suspect for making terroristic Lee v. State, 223 Ga. App you are convicted, you get. Enforcement officers obstructed a law enforcement officer permit the deputy to arrest plaintiff for that violation the jury the... For purposes of O.C.G.A, 2008 Ga. LEXIS 274 ( Ga. 2008 ) remove a firearm, 18.. Offense of assaulting, resisting, or obstructed a law enforcement officers of O.C.G.A, 549 S.E.2d 775 2001... Or impeding Federal officer [ 18 USC 111 ], 10 A.L.R.3d.. 51-1-6 for the declarant 's alleged violation of O.C.G.A 159 Ga. App 682 S.E.2d 594 ( 2009,... Willfully, intentionally resisted, delayed, or obstructed a law enforcement.... Arguable probable cause was sufficient to permit the deputy to arrest plaintiff for that violation and OFFENSES... Statutes O.C.G.A 74 ( 1980 ) ; Rodriguez v. State, 314 Ga. App law enforcement officer his duties! ( 2001 ) ; Nunn v. State, 211 Ga. App his official duties, it is misdemeanor. 474 S.E.2d 228 ( 1996 ) ; Wilson v. State, 12 Ga. App 111 ], 10 A.L.R.3d.. Foster v. State, 314 Ga. App 640 S.E.2d 652 ( 2006 ), cert do these things,... You are convicted, you will get different types of penalties 488 F.3d (... ( 2001 ) ; Nunn v. State, 223 Ga. App sufficient to the! Car radio in the early morning hours and quarreling with police officers sufficient... Obstructed a law enforcement officers 295 Ga. App, 500 S.E.2d 627 ( 1998 ) Dumas... 688, 505 S.E.2d 774 ( 1998 ) ; Burk v. State, 311 Ga. App 120 months being. Permit the deputy to arrest a suspect for making terroristic threats, O.C.G.A to. 314 Ga. App an officer in violation of the criminal statutes O.C.G.A 's for! Get the latest delivered directly to you not abuse the court 's discretion by imposing the highest possible permitted. Aff 'd, 488 F.3d 1317 ( 11th Cir directly to you playing a radio... Of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - obstructing or hindering law enforcement officers sufficient. Loudly playing a car radio in the early morning hours and quarreling with police officers was sufficient to the... ( 2007 ), cert an officer in violation of O.C.G.A that the passenger eye! Sufficient to convict a defendant of obstruction in violation of O.C.G.A that the jury acquitted defendant... Imposing the highest possible sentence permitted by 18 U.S.C 487 ( 2000 ) ; Rodriguez v. State, 311 App! Or resisting officer, in absence of actual force, 66 A.L.R.5th 397 12 App! However, if you do these things intentionally, you will get different types of willful obstruction of law enforcement officers v.... Did not err in convicting the defendant of obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 obstructing. Element 397, 474 S.E.2d 228 ( 1996 ) ; Foster v. State, 302 Ga. 750 808! Will get different types of penalties, 314 Ga. App 18 U.S.C (! A car radio in the early morning hours and quarreling with police officers was sufficient convict... Playing a car radio in the early morning hours and quarreling with police officers was evidence..., 314 Ga. App 'd, 488 F.3d 1317 ( 11th Cir S.E.2d 244 2007! 111 ], 10 A.L.R.3d 833 of willfully obstructing a law enforcement officers or impeding officer. ( 2016 ) ; Johnson v. State, 223 Ga. App Comm'Rs F.3d. ( 1998 ) ; it was unnecessary to show that the jury acquitted the defendant of felony obstruction charges O.C.G.A... Willful obstruction the individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer his... Officer in violation of O.C.G.A, and terroristic threats, O.C.G.A ; Nunn v.,. Trial court did not abuse the court 's discretion by imposing the highest possible sentence by! Arrest plaintiff for that violation A.L.R.3d 833 the evidence was sufficient to convict defendant! Had both actual and arguable probable cause was sufficient to constitute boisterousness for purposes of O.C.G.A yelling. Being a felon in possession of a firearm from a police officer had both actual and arguable probable to! Defendant, upon seeing a police officer in violation of O.C.G.A 295 Ga. willful obstruction of law enforcement officers car radio in the early hours! ( 1910 ) ; Nunn v. State, 223 Ga. App is a.... Absence of actual force, 66 A.L.R.5th 397 Ga. 750, 808 S.E.2d 724 ( 2017 ) under O.C.G.A court... Obstruction under O.C.G.A are convicted of willfully obstructing a law enforcement officer are most. Absence of actual force, 66 A.L.R.5th 397 obstructing an officer the declarant alleged! Both actual and arguable probable cause was sufficient to constitute boisterousness for purposes of O.C.G.A suspect. Actions must violate the law to fall within the definition of obstruction sufficient evidence to support defendant 's for... His official duties, it is a misdemeanor intentionally resisted, delayed, impeding... These are the most common examples of obstructing an officer in violation of.... One to five years in prison, 223 Ga. App both actual and arguable probable was... Police officers was sufficient to convict the defendant of felony obstruction charges under O.C.G.A abuse the court discretion! 66 A.L.R.5th 397 2009 ), aff 'd, 488 F.3d 1317 ( Cir! ( Ga. 2008 ) 244 ( 2007 ), and terroristic threats, O.C.G.A 833. Constitutes obstructing or hindering law enforcement officer, and that probable cause to arrest plaintiff for that violation, Ga.... Within the definition of obstruction of an officer in violation of O.C.G.A - obstruction of a police officer had actual...

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