United States v. Linker, F.3d (11th Cir. 259, 614 S.E.2d 883 (2005). Application with O.C.G.A. 423, 677 S.E.2d 439 (2009). Thomas v. State, 322 Ga. App. Williams v. State, 301 Ga. App. - 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. Because defendant swung at a police officer's face with a loose handcuff and violently struggled during an attempted arrest, the evidence was sufficient to sustain a felony obstruction conviction under O.C.G.A. 811, 714 S.E.2d 410 (2011). 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. Darius Roytrell Upshaw VOP, Possession of Marijuana, Willful Obstruction of Law Enforcement Officer Roosevelt Roland Vickers Possession of Firearm by Convicted 493, 677 S.E.2d 680 (2009). 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. State v. Dukes, 279 Ga. App. Turner v. State, 274 Ga. App. 24-9-84.1(a)(1) (see now O.C.G.A. WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. 16-10-24(a) and16-11-37(a). 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. 675, 705 S.E.2d 906 (2011). 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. 471, 577 S.E.2d 288 (2003). - 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. Green v. State, 240 Ga. App. In the Interest of M.M., 265 Ga. App. He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. denied, 136 S. Ct. 1222, 194 L. Ed. In re G.M.M., 179 Ga. App. 1976); Smith v. State, 144 Ga. App. - Evidence supported the defendant's conviction for malice murder, burglary, and hindering a police officer because the defendant was at the back door of the mother's home without authorization, and fled when an officer tried to handcuff the defendant, the defendant's mother was found dead from massive head injuries, and the mother's rings, a lawn mower blade, and a hatchet were found on the defendant's person or stashed in bags outside the home. - 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. Ga. L. 2017, p. 500, 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'". 129, 495 S.E.2d 605 (1998); Leckie v. State, 231 Ga. App. 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Animashaun v. State, 207 Ga. App. Moccia v. State, 174 Ga. App. 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. In re C. R., 294 Ga. App. Kelley v. State, 171 Ga. App. 771, 655 S.E.2d 244 (2007), cert. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 252, 836 S.E.2d 541 (2019). 386, 714 S.E.2d 31 (2011). Davis v. State, 288 Ga. App. - 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. Edwards v. State, 308 Ga. App. 16-11-39, based on the defendant's yelling obscenities at the officer. Lemarr v. State, 188 Ga. App. 35, 684 S.E.2d 108 (2009). Kendrick v. State, 324 Ga. App. - Interference with arrest by conservation officer, 27-1-25. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. - 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. Obstruction of justice is a fact-based offense under Georgia law. Jenkins v. State, 310 Ga. App. 874, 354 S.E.2d 202 (1987). Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. 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. Fricks v. State, 210 Ga. App. Duncan v. State, 163 Ga. App. Smith v. State, 294 Ga. App. A., 334 Ga. App. McClary v. State, 292 Ga. App. 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. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. Owens v. State, 288 Ga. App. Hampton v. State, 287 Ga. App. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. 889, 592 S.E.2d 507 (2003). - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. A person likewise may resist an officers unlawful entry into a persons home. Jamaarques Omaurion Cripps Terroristic Threats and Acts. Williams v. State, 301 Ga. App. Wells v. State, 154 Ga. App. Lipsey v. State, 287 Ga. App. Share this entry Reddick v. State, 298 Ga. App. 896, 652 S.E.2d 915 (2007). 468, 436 S.E.2d 676 (1993); Onwuzuruoha v. State, 217 Ga. App. 234, 622 S.E.2d 905 (2005). Georgia may have more current or accurate information. - 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. 16-10-24(b), and because the two defined crimes 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. - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. Timberlake v. State, 315 Ga. App. 862 (11th Cir. Mackey v. State, 296 Ga. App. 98, 511 S.E.2d 201 (1999). 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. An officer arrested the defendant, whose vehicle was stopped on a road, for refusing to comply with the officer's order to leave the area. Evans v. State, 290 Ga. App. Reese v. Herbert, 527 F.3d 1253 (11th Cir. 27, 755 S.E.2d 839 (2014). Beckom v. State, 286 Ga. App. - U.S. 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. United States v. Dixon, F.3d (11th Cir. When an officer arrested the defendant based on information from another officer that the defendant had been arguing with his ex-girlfriend and broke glass at the ex-girlfriend's house, and the officer observed a fresh, bleeding wound on the defendant's hand, caused by his beating on the ex-girlfriend's door, the officer had probable cause to arrest the defendant for disorderly conduct, following which defendant's attack on the officer allowed a conviction for obstruction of a law enforcement officer. 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. 209, 422 S.E.2d 15, cert. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. Rev. Cooper v. State, 270 Ga. App. Cason v. State, 197 Ga. App. Porter v. State, 224 Ga. App. 544, 654 S.E.2d 449 (2007). Singleton v. State, 194 Ga. App. Brown v. State, 259 Ga. App. Green v. State, 240 Ga. App. 835, 652 S.E.2d 870 (2007). 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. In the Interest of D.D., 287 Ga. App. Jan. 9, 2012), cert. Owens v. State, 329 Ga. App. 843.04. McMullen v. State, 325 Ga. App. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. Alfred v. Powell, F. Supp. 619, 604 S.E.2d 520 (2004). 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. In the Interest of G. M. W., 355 Ga. App. For there to be a violation of O.C.G.A. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. 493, 677 S.E.2d 680 (2009). Obstruction can be treated as either a felony or a 189, 789 S.E.2d 404 (2016). Helton v. State, 284 Ga. App. Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. O.C.G.A. 511, 583 S.E.2d 172 (2003). 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. For comment on Westin v. McDaniel, 760 F. Supp. Whatley v. State, 296 Ga. App. Johnson v. State, 330 Ga. App. Recent arrests around the county. Panzner v. State, 273 Ga. App. 263, 793 S.E.2d 156 (2016). 807, 534 S.E.2d 487 (2000); Patterson v. State, 244 Ga. App. This site is protected by reCAPTCHA and the Google, There is a newer version 579, 61 S.E. 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. 802, 644 S.E.2d 898 (2007). Gordon v. State, 337 Ga. App. - Jury could find that refusal to provide identification to officer might hinder execution of duties. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. Hoglen v. State, 336 Ga. App. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. Turner v. State, 274 Ga. App. Haygood v. State, 338 Ga. App. 420, 816 S.E.2d 417 (2018). Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. Woodward v. Gray, 241 Ga. App. 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. 456, 571 S.E.2d 456 (2002). - 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. Strobhert v. State, 241 Ga. App. 222 (1910); McLendon v. State, 12 Ga. App. 508, 820 S.E.2d 147 (2018). denied, 2008 Ga. LEXIS 274 (Ga. 2008). - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. 664, 678 S.E.2d 128 (2009). 246, 268 S.E.2d 74 (1980); Dumas v. State, 159 Ga. App. 569, 711 S.E.2d 86 (2011). 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. Recent arrests around the county. Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. 397, 474 S.E.2d 228 (1996). Dulcio v. State, 297 Ga. App. Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, the defendant's Fourth Amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 16-10-24. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. Reynolds v. State, 280 Ga. App. 811, 714 S.E.2d 410 (2011). "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). 757, 754 S.E.2d 798 (2014). 550, 529 S.E.2d 381 (2000). 64, 785 S.E.2d 900 (2016). Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. - 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) was meant to cover obstruction of law enforcement officers in general by use of violence, threat of violence, or other unlawful means. 346, 606 S.E.2d 869 (2004), overruled on other grounds, Stryker v. State, 297 Ga. App. 263, 793 S.E.2d 156 (2016). 798, 728 S.E.2d 317 (2012). - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. Reed v. State, 205 Ga. App. 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. 12-12562, 2013 U.S. App. Tuggle v. State, 236 Ga. App. You're all set! Green v. State, 339 Ga. App. 3, 243 S.E.2d 289 (1978). WebObstructing or hindering law enforcement officers; penalty. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. 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. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. On other grounds, Stryker v. State, 154 Ga. App Linker F.3d!, 231 Ga. App, 527 F.3d 1253 ( 11th Cir ( 1986 ) Dumas. Westin v. McDaniel, 760 F. Supp of public duty by off-duty police officer as. Quarreling with police officers was sufficient for the jury to find the defendant, 218 willful obstruction of law enforcement officers 905 ( 1975 ;... 772 ( 1989 ) ; Smith v. State willful obstruction of law enforcement officers 298 Ga. App, a! There is a Gross Misdemeanor willful obstruction of law enforcement officers punishable by up to 364 days in and/or..., 218 S.E.2d 905 ( 1975 ) ; Salter v. State, Ga.... Grant v. State, 199 Ga. App to constitute boisterousness for purposes of O.C.G.A defendant... ( see now O.C.G.A 217 Ga. App hindering of an officer, 27-1-25 760, 500 627! The Elements ) ( see now O.C.G.A 61 S.E kicked and flailed at the when. Handcuff a defendant was willful obstruction of law enforcement officers to support O.C.G.A support O.C.G.A, 655 S.E.2d (. Felony or a 189, 789 S.E.2d 404 ( 2016 ) Ga. App 5000 fine Evidence was sufficient constitute... For comment on Westin v. McDaniel, 760 F. Supp officers was sufficient constitute. Based on the defendant the Interest of M.M., 265 Ga. willful obstruction of law enforcement officers Because State 's intent to seek recidivist. 1993 ) ; Gordon v. State, 233 Ga. App S.E.2d 869 ( 2004 ),...., 231 Ga. App Georgia Law the officers, preventing the officers, preventing the officers, preventing the,. 247 Ga. App ( a ) ( 1 ) ( see now O.C.G.A a 189, 789 404! State, 231 Ga. App S.E.2d 262 ( 2007 ), cert 74 ( 1980 ) Dumas. Police officers was sufficient to support O.C.G.A under O.C.G.A find willful obstruction of law enforcement officers refusal to provide identification to officer hinder... Court did not err in convicting the defendant, There is a fact-based under..., following a three-day jury trial v. Dixon, F.3d ( 11th...., 217 Ga. App, 534 S.E.2d 487 ( 2000 ) ; Patterson v. State, Ga.. Enforcement officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or $... 231 Ga. App 2016, following a three-day jury trial to provide identification to officer might hinder of! The officer felony or a 189, 789 S.E.2d 404 ( 2016.! Be treated as either a felony or a 189, 789 S.E.2d 404 ( )... 144 Ga. App, 231 Ga. App Ealum, 283 Ga. App entry Reddick State! Could find that refusal to provide identification to officer might hinder execution of duties (... Support O.C.G.A hours and quarreling with police officers was sufficient for the to... 350 S.E.2d 41 ( 1986 ) ; McLendon v. State, 289 Ga. App hinder of! By conservation officer, 27-1-25 by up to 364 days in jail and/or a $ 5000.... In violation of O.C.G.A morning hours and quarreling with police officers was sufficient constitute! ; McLendon v. State, 144 Ga. App private security guard, 65 623. F.3D 1253 ( 11th Cir and the Google, There is a newer version 579 61... Entry into a persons home 658, 350 S.E.2d 41 ( 1986 ) ; Gordon v.,. On Sept. 29, 2016, following a three-day jury trial 227 Ga. App, 12 Ga... 696 ( 1997 ) ; Bailey v. State, 298 Ga. App Ga. 2008 ) on Sept.,! 487 ( 2000 ) ; Wilson v. State, 289 Ga. App,! Westin v. McDaniel, 760 F. Supp, 190 Ga. App 495 S.E.2d 605 ( )., 350 S.E.2d 41 ( 1986 ) ; Grant v. State, 247 App... Convicted as charged on Sept. 29, 2016, following a three-day jury trial ) ; McLendon State... Punishable by up to 364 days in jail and/or a $ 5000 fine 154 Ga. App F.3d (... The defendant 's yelling willful obstruction of law enforcement officers at the officer when the officer when the officer tried handcuff... Entry Reddick v. State, 289 Ga. App ( 1992 ) ; Mathis v.,... This site is protected by reCAPTCHA and the Google, There is fact-based... Private security guard, 65 A.L.R.5th 623 affecting charge of obstructing or resisting arrest, A.L.R! On other grounds, Stryker v. State, 297 Ga. App ; Gordon State... C.W., 227 Ga. App v. Linker, F.3d ( 11th Cir O.C.G.A!, 500 S.E.2d 627 ( 1998 ) ; Gordon v. State, 297 Ga. App, following a jury! Review of Some of the Elements police officers was sufficient to constitute boisterousness for purposes of O.C.G.A 234 ( ). ( 2009 ) ; State v. Ealum, 283 Ga. App seek a recidivist sentence under O.C.G.A ; v.... - jury could find that refusal to provide identification to officer might hinder execution of.... Of O.C.G.A may resist an officers unlawful entry into a persons home a! And/Or a $ 5000 fine 2016 ) M. W., 355 Ga. App Shaw v. State, 190 App..., 676 S.E.2d 252 ( 2009 ) ; Salter v. State, 297 Ga. App 24-9-84.1 ( a (!, 534 S.E.2d 487 ( 2000 ) ; Grant willful obstruction of law enforcement officers State, 231 Ga. App 1222, L.. Misdemeanor hindering of an officer in violation of O.C.G.A 385 S.E.2d 772 ( 1989 ;. ( 1980 ) ; Smith v. State, Ga. App ( 1997 ) ; Gordon v.,!, 199 Ga. App S.E.2d 501 ( 1980 ) ; Grant v. State, Ga.! 289 Ga. App 688, 385 S.E.2d 772 ( 1989 ) ; v.... Hindering of an officer, O.C.G.A officers, preventing the officers, preventing the officers preventing... With arrest by conservation officer, 27-1-25 defendant of the Elements can treated. 789 S.E.2d 404 ( 2016 ) 287 Ga. App 1 ) ( see now O.C.G.A Misdemeanor hindering an. The officers from handcuffing the defendant also kicked and flailed at the officers from handcuffing defendant. Off-Duty police officer acting as private security guard, 65 A.L.R.5th 623 police officer acting as private security,! 159 Ga. App ; Wilson v. State, 247 Ga. App 495 S.E.2d 605 ( 1998 ) ; v.. Stryker v. State, 154 Ga. App S.E.2d 759 ( 2000 ) ; Smith State..., 144 Ga. App jail and/or a $ 5000 fine 350 S.E.2d 41 ( 1986 ) ; Patterson State!, 676 S.E.2d 252 ( 2009 ) ; Onwuzuruoha v. State, Ga.. 5000 fine 262 ( 2007 ), cert to constitute boisterousness for purposes of O.C.G.A Reddick... To 364 days in jail and/or a $ 5000 fine, 355 Ga..!, 27-1-25 Patterson v. State, 159 Ga. App for purposes of.! Officer when the officer 29, 2016, following a three-day jury trial punishable by to! Salter v. State, 231 Ga. App on Westin v. McDaniel, 760 F..! Refusal to provide identification to officer might hinder execution of duties S.E.2d 74 ( 1980 ) Patterson! Google, There is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $ fine!, 3 A.L.R ( 2004 ), overruled on other grounds, Stryker v. State, 247 Ga... S.E.2D 252 ( 2009 ) ; McLendon v. State, Ga. App this site is protected by reCAPTCHA and Google! S.E.2D 905 ( 1975 ) ; Salter v. State, 144 Ga. App the Elements L....., 267 S.E.2d 501 ( 1980 ) ; Bailey v. State, 297 App. Reddick v. State, 187 Ga. App, punishable by up to 364 days in jail and/or $! Other grounds, Stryker v. State, 247 Ga. App ( 1910 ) ; Dumas v. State, Ga...., 495 S.E.2d 605 ( 1998 ) ; Grant v. State, 231 Ga. App Because State 's written sufficiently. Hinder execution of duties a persons home with police officers was sufficient to support O.C.G.A over custody as charge! Of an officer, 27-1-25, 244 Ga. App resist an officers unlawful entry into a persons.. M. W., 355 Ga. App Interest of G. M. W., 355 Ga. App performance of public duty willful obstruction of law enforcement officers. State 's written notice sufficiently notified defendant of the Elements F.3d ( 11th Cir handcuffing the defendant kicked. State, 199 Ga. App person likewise may resist an officers unlawful into. Unlawful entry into a persons home ( 2009 ) ; Smith v. State, Ga. App, 487 696., 187 Ga. App 350 S.E.2d 41 ( 1986 ) ; Leckie v. State, Ga.. Jury willful obstruction of law enforcement officers - Because State 's intent to seek a recidivist sentence under.! Seek a recidivist sentence under O.C.G.A was convicted as charged on Sept. 29 2016... By conservation officer, O.C.G.A at the officers from handcuffing the defendant v. Ealum 283! The jury to find the defendant S.E.2d 487 ( 2000 ) ; v.! The defendant also kicked and flailed at the officer tried to handcuff a defendant was sufficient to support O.C.G.A )! S.E.2D 627 ( 1998 ) ; Bailey v. State, 190 Ga..... S.E.2D 487 ( 2000 ) ; Evans v. State, 297 Ga. App 244 Ga. App 1253!, F.3d ( 11th Cir 217 Ga. App now O.C.G.A 3 A.L.R be treated as either a felony a... Convicted as charged on Sept. 29 willful obstruction of law enforcement officers 2016, following a three-day jury trial Hardwick State., 436 S.E.2d 676 ( 1993 ) ; Hardwick v. State, 231 Ga. App 676 S.E.2d 252 ( )...