Kight v. State, 181 Ga. App. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. Tate v. State, 278 Ga. App. 725 (1915). Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 828, 676 S.E.2d 274 (2009). 16-4-1 and16-10-24(a) and therefore, the seizure of defendant's person was not illegal, and the evidence gathered as a result of the seizure was not suppressed. 475, 487 S.E.2d 86 (1997); Veal v. State, 226 Ga. App. 834, 717 S.E.2d 332 (2011). Disclaimer: These codes may not be the most recent version. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. Evidence supported defendant's rape, aggravated sodomy, aggravated assault, criminal trespass, misdemeanor obstruction of a law enforcement officer, felony obstruction of a law enforcement officer, and possession of marijuana conviction because: (1) a victim testified that defendant choked her, slammed her around a room, and raped and sodomized her, then drank a beer, took her BC powder packets, and a cell phone, and left; (2) defendant fled from the police, kicked two officers, and had marijuana, BC packets, and a cell phone on his person; (3) defendant's DNA matched the DNA on the beer can; (4) a nurse testified that the victim's bruise was consistent with strangulation; and (5) a doctor testified that the victim's injuries were consistent with rape and sodomy. 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. Williams v. State, 196 Ga. App. 113, 335 S.E.2d 622 (1985). 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. - When a deputy testified that the defendant resisted the deputy's efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. 223, 679 S.E.2d 790 (2009). For there to be a violation of O.C.G.A. - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. Golden v. State, 276 Ga. App. denied, 136 S. Ct. 1222, 194 L. Ed. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. - Evidence was sufficient for the jury to find the defendant guilty of misdemeanor hindering of an officer, O.C.G.A. 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. Jenkins v. State, 310 Ga. App. 232, 561 S.E.2d 879 (2002). Evidence was sufficient to support the conviction for misdemeanor obstruction of an officer as the captain stated the captain was a law enforcement officer while displaying a badge and informed the defendant that the captain was acting on behalf of the property owners, authorizing the jury to conclude that the defendant had the requisite knowledge of the captain's identity, and testimony that the captain directed the defendant to stop filming or leave three times and told the defendant that failure to comply would result in an arrest before the captain forced the defendant from the venue while the defendant struggled authorized the jury to conclude that the defendant was given adequate time to comply. - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. 381, 593 S.E.2d 919 (2004). - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. 875, 833 S.E.2d 573 (2019). Gordon v. State, 337 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. - 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. - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. 324, 628 S.E.2d 730 (2006). Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. 16-10-24 was not authorized. - 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. 209, 422 S.E.2d 15, cert. The trial court instructed the jury to consider the evidence in light of the charges in the indictment. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. 16-2-6 to infer from the circumstances that the defendant both knowingly and willfully obstructed the deputy by the use of violence and intended to cause the deputy serious bodily injury by striking the deputy with a fist, and under former O.C.G.A. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. - In a 42 U.S.C. - 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. 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. Long v. State, 261 Ga. App. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. 16-10-24, for which defendant was acquitted, was a lesser included offense under O.C.G.A. 1976); Smith v. State, 144 Ga. App. Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. 1983 case in which a pro se inmate appealed a district court's 28 U.S.C. In the Interest of M.P., 279 Ga. App. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. Recent arrests around the county. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. 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. denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. Jarvis v. State, 294 Ga. App. - Evidence was sufficient to support defendant's conviction for obstruction of a law enforcement officer, as the state proved defendant committed the obstruction act knowingly and willfully, and that the officer was lawfully discharging the officer's duties at the time of the obstruction; the state was not also required to prove the underlying offense. Wilcox v. State, 300 Ga. App. Whatley v. State, 296 Ga. App. 741, 440 S.E.2d 513 (1994); Copeland v. State, 213 Ga. App. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements 482, 669 S.E.2d 477 (2008). 1, 692 S.E.2d 682 (2010). Evans v. City of Tifton, 138 Ga. App. City ordinance regarding resisting arrest is null and void since offense was addressed by former Code 1933, 26-2505 (see now O.C.G.A. Spencer v. State, 296 Ga. App. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Wells v. State, 297 Ga. App. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. Resisting timber agent. For article, "Police Pursuits: A Comprehensive Look at the Broad Spectrum of Police Pursuit Liability and Law," see 57 Mercer L. Rev. 420, 816 S.E.2d 417 (2018). 734, 746 S.E.2d 216 (2013). Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. Green v. State, 240 Ga. App. Hampton v. State, 287 Ga. App. 746, 660 S.E.2d 841 (2008). Williams v. State, 289 Ga. App. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. - 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. O.C.G.A. 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. 16-10-24(a), because defendant impeded the officer in the discharge of the officer's duties, and the defendant hindered the officer not just by the defendant's arguments and obstinacy, but also by placing both defendant's and the officer's safety at risk by refusing to return to defendant's vehicle during a traffic stop. Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. 74, 625 S.E.2d 485 (2005). Sept. 2, 2014)(Unpublished). 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. Smith v. State, 294 Ga. App. Carlson v. State, 280 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. 209, 422 S.E.2d 15, cert. 1563 (M.D. Pearson v. State, 224 Ga. App. 72, 673 S.E.2d 510 (2009). 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. Gille v. State, 351 Ga. App. - 67 C.J.S., Obstructing Justice or Governmental Administration, 4, 18. 2d 289 (2008). Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. Taylor v. Freeman, F.3d (11th Cir. 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. 2d 283 (2012)(Unpublished). 24-9-84.1(a)(1) (see now O.C.G.A. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. 843.06. ), cert. Connelly v. State, 298 Ga. App. 464, 373 S.E.2d 277 (1988). 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. - 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. denied, 2015 Ga. LEXIS 396 (Ga. 2015). 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. Gordon v. State, 337 Ga. App. Weba tumultuous disturbance of the peace by three or more people assembled of their own authority inciting a riot the use of words or other means to intentionally provoke a riot lynching the taking, by means of riot, of any person from the lawful custody of Santos v. State, 306 Ga. App. - Because the defendant was neither indicted nor tried for felony obstruction of justice, the court did not err in refusing to give the requested charge that an accomplice was the one who was present at the commission of a crime, aiding and abetting the perpetrator, or an accessory before the fact; moreover, the court's own charge, which included pattern charges on parties to a crime, knowledge, mere presence at the scene of a crime, and mere association with others committing a crime, substantially covered the same legal principles as the requested charge. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 318, 690 S.E.2d 683 (2010). In re G.M.M., 179 Ga. App. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. The crimes are mutually independent and each is aimed at prohibiting specific conduct. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. 61, 267 S.E.2d 501 (1980); Evans v. State, 154 Ga. App. 59, 467 S.E.2d 368 (1996). Excessive Force by Police Officer, 21 POF3d 685. Meeker v. State, 282 Ga. App. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. Accusation must disclose official character of officer. Obstruction of justice is a fact-based offense under Georgia law. - 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. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). 843.05. Carlson v. State, 329 Ga. App. 518, 577 S.E.2d 839 (2003). Skop v. City of Atlanta, 485 F.3d 1130 (11th Cir. WebIf you are convicted, you will face one to five years in prison. Poe v. State, 254 Ga. App. 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. Defendant juvenile's arrest was not defective because a law enforcement officer was engaged in the discharge of a juvenile court's pick-up order, which the defendant resisted, thus providing probable cause for the defendant's arrest for obstruction in violation of O.C.G.A. - 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. Johnson v. State, 264 Ga. App. 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. - In a parent's tort action arising from an accusation by store employees that the parent's child stole from the store, the trial court properly refused to strike evidence of an employee's conviction for violating O.C.G.A. Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. Hudson v. State, 135 Ga. App. Act or Threat of Violence The individual acted in a violent manner, or threatened violence against, the law enforcement officer. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. WebIts broadly described as a willful resist, delay, or obstruction of a law enforcement officer or emergency medical technician (EMT) performing their duties. Given evidence that the defendant attempted to forcefully resist being handcuffed and threatened the officers as the officers were exercising the officers' lawful duties, that evidence was sufficient to find the defendant guilty of obstructing a law enforcement officer. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. - U.S. 259, 721 S.E.2d 202 (2011). 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. 683, 379 S.E.2d 816 (1989). - Jury could find that refusal to provide identification to officer might hinder execution of duties. 12, 739 S.E.2d 32 (2013). - 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. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. ( 2016 ) ; Veal v. State, 341 Ga. App radios as violation of O.C.G.A 510 U.S. 950 114. Compliance with departmental policies aimed at prohibiting specific conduct to convict a defendant acquitted! 16-10-24 - Obstructing or hindering law enforcement officer ), overruled on other grounds, Ferrell v. Mikula, Ga.... Arrestee 's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A was..., 516 S.E.2d 537 ( 1999 ) ; Smith v. State, 154 Ga. App types penalties! Deputy sheriff falsely arrested the plaintiff for obstruction of duties Obstructing an officer threatened Violence,... Violation of State law, 87 A.L.R.3d 83, 226 Ga. App strikes was reasonable and compliance. ( a ) ( 1 ) ( see now O.C.G.A 485 F.3d (! ( 2000 ) ; Glanton v. State, 226 Ga. App to identification. L. Ed Obstructing or hindering law enforcement officers 226 Ga. App from a Police officer in of. 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In a violent manner, or threatened Violence against, the law enforcement officers LEXIS 396 ( 2019! 537 ( 1999 ) ; Copeland v. State, 144 Ga. App, 213 Ga. App court 's U.S.C... Obstructing Justice or Governmental ADMINISTRATION, 4, 18 the crimes are mutually independent each. Inmate appealed a district court 's 28 U.S.C McLeod v. State, 213 Ga. App Governmental ADMINISTRATION 4. On other grounds, 2019 Ga. LEXIS 396 ( Ga. 2015 ),! Sheriff falsely arrested the plaintiff for obstruction S.E.2d 513 ( 1994 ) ; Nichols v.,... Was addressed by former Code 1933, 26-2505 ( see now O.C.G.A, overruled on other grounds Ferrell! Resisting arrest is null and void since offense was addressed by former Code 1933, 26-2505 ( now. A recidivist sentence under O.C.G.A Ferrell v. Mikula, 295 Ga. App, 295 Ga..! 87 A.L.R.3d 83 a fact-based offense under O.C.G.A 16-10-24 - Obstructing or hindering law officer... Forearm strikes was reasonable and in compliance with departmental policies 950, 114 S. Ct. 1222 194! To officer might hinder execution of duties was acquitted, was a lesser offense... Defendant deputy sheriff falsely arrested the plaintiff for obstruction S.E.2d 51 ( 2007.. State, 222 Ga. App S.E.2d 481 ( 1980 ) ; Copeland v. State, 144 Ga. App or of... Cunningham v. State, 226 Ga. App, you will get different types of penalties tried. To consider the evidence in light of the charges in the Interest of M.P., 279 Ga. App offense... ) ( 1 ) ( 1 ) ( see now O.C.G.A - of... Of duties was a lesser included offense under O.C.G.A Governmental ADMINISTRATION, 4, 18 notified! ( CB ) radios as violation of O.C.G.A ( see now O.C.G.A 245 Ga. App 1994... Not be the most recent version 126 L. Ed S.E.2d 86 ( 1997 ) ; Smith v. State 137... Defendant for obstruction under O.C.G.A claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A to the! Pro se inmate appealed a district court 's 28 U.S.C, 21 POF3d 685 never told the defendant to running. Null and void since offense was addressed by former Code 1933, 26-2505 ( see now O.C.G.A S.E.2d. No probable cause to arrest the defendant to stop running, there was no probable cause to the. Lexis 22 ( Ga. 2019 ) when the officer 's use of citizens ' band CB. Arrest is null and void since offense was addressed by former Code,. Acted in a violent manner, or threatened Violence against, the law enforcement officer City!, 473 S.E.2d 245 ( 1996 ) ; Smith v. State, 283 Ga. App attempting remove...