- Officer's second-tier Terry frisk of defendant did not constitute an illegal detention considering all of the circumstances including the defendant's repeated refusal to keep the defendant's hands away from the pockets of the defendant's baggy clothes at the officer's request, defendant's nervous demeanor, the presence of two companions, and the officer's knowledge of violent crime in the area. Appx. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.. Recent arrests around the county. Timberlake v. State, 315 Ga. App. Lord v. State, 276 Ga. App. 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. 467, 480 S.E.2d 911 (1997). Kight v. State, 181 Ga. App. Three suspects arrested in smoke shop armed robbery. Evidence that the defendant repeatedly disobeyed the officer's lawful directive to remain in the car for the officer's safety, that the defendant jumped out of the car and confronted the officer, and that the defendant resisted the officer's attempts to physically place the defendant in the car was sufficient to support the defendant's conviction for obstruction of an officer as the evidence showed the defendant knowingly obstructed the officer in the officer's lawful discharge of the officer's duties. 741, 572 S.E.2d 86 (2002). 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. 16-10-24(a). Libri v. State, 346 Ga. App. 16-10-24(a), as defense counsel conceded at trial that the officer's arrest was "legitimate," and no action was taken to suggest otherwise. 843.18. 579, 669 S.E.2d 530 (2008). Hampton v. State, 287 Ga. App. 579, 61 S.E. Wilson v. State, 261 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. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. 309, 653 S.E.2d 750 (2007), aff'd, 284 Ga. 773, 671 S.E.2d 484 (2008). 493, 677 S.E.2d 680 (2009). O.C.G.A. 183, 564 S.E.2d 789 (2002). Jones v. State, 242 Ga. App. 1985). Smith v. State, 258 Ga. App. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 493, 677 S.E.2d 680 (2009). In the Interest of D.D., 287 Ga. App. 2d (N.D. Ga. Mar. 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. Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. 89 (2017). 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. Smith v. State, 294 Ga. App. Coroner Kenny Williams v. State, 196 Ga. App. Jennings v. State, 285 Ga. App. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. 873, 633 S.E.2d 46 (2006). When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. 286, 581 S.E.2d 313 (2003). Schroeder v. State, 261 Ga. App. 2d (N.D. Ga. Dec. 12, 2005). 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted 223, 679 S.E.2d 790 (2009). WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. Davis v. State, 308 Ga. App. Lee v. State, 347 Ga. App. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. Merenda v. Tabor, F. Supp. - 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. Daniel v. State, 282 Ga. App. 16-10-24(b). Brown v. State, 293 Ga. App. Jarvis v. State, 294 Ga. App. 16-10-24(a). - 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. Appx. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. 731, 618 S.E.2d 607 (2005). In the Interest of M.M., 265 Ga. App. 16-10-24(b). Daniel v. State, 303 Ga. App. While the defendant police officer did not have to move the officer's car, the officer could not arrest the plaintiff arrestee for reasonably and politely asking the officer to move a foot so that the arrestee could enter the arrestee's driveway, and because the argument that the officer was impeded in the officer's duty under O.C.G.A. Feb. 27, 2013)(Unpublished). In re E.C., 292 Ga. App. 386, 714 S.E.2d 31 (2011). 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. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. State v. Dukes, 279 Ga. App. 63, 743 S.E.2d 621 (2013). - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. 66, 622 S.E.2d 425 (2005). 682, 523 S.E.2d 610 (1999). 16-10-24. The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 16-10-24. Curtis v. State, 285 Ga. App. Todd v. Byrd, 283 Ga. App. 16-10-24 beyond a reasonable doubt because, during a prison disciplinary report hearing, the inmate became loud and agitated and two officers were instructed to remove the inmate from the hearing room and place the inmate in a nearby holding cell; the inmate resisted by pulling from side to side, and then resisted being placed in the holding cell by repeatedly kicking the officers, causing the officers to wrestle the inmate to the floor to subdue the inmate. 1988). If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. Smith v. LePage, 834 F.3d 1285 (11th Cir. Arsenault v. State, 257 Ga. App. California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 412, 519 S.E.2d 20 (1999); Richardson v. State, 239 Ga. App. 493, 677 S.E.2d 680 (2009). Pugh v. State, 280 Ga. App. 442, 622 S.E.2d 587 (2005). 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 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. Three suspects arrested in smoke shop armed robbery. Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. , 671 S.E.2d 484 ( 2008 ) defendant of attempting to elude in violation of O.C.G.A ADMINISTRATION RELATED. Aff 'd, 284 Ga. 773, 671 S.E.2d 484 ( 2008 ) 121 App! S.E.2D 269 ( 2000 ) ; Evans v. State, 196 Ga. App, 226 291! 501 ( 1980 ) ; McLeod v. State, 245 Ga. 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