What Constitutes Willful Obstruction?
Willful obstruction of law enforcement officers is addressed in OCGA 16-10-24. In order for an individual to be guilty of this crime, a person must willfully and knowingly commit the following act: obstructs or hinders any law enforcement officer in the lawful discharge of his or her official duties. A key term in this definition is "willfully." Willfully means that the individual intended to do the conduct at issue. It comes from the Latin root word "willing" which refers to a person’s ability to make decisions. In short , if a person has the ability to act (or not) and chooses to act, he or she has decision-making ability and thus is acting willfully. For a person to be guilty of "obstructing or hindering," the actions must have some impact on the police officer. It is insufficient to engage in non-interfering activity- even lewd or profane speech- which is directed at a police officer-in an effort to annoy or anger an officer but which does not actually obstruct or hinder the officer.
Instances of Willful Obstruction
Many situations can arise in which a person can charge you with obstructing or resisting law enforcement officers. The definition for "willful obstruction of law enforcement officers is: A person obstructs or hinders or acts in an offensive manner that wards off, delays or prevents a law enforcement officer from performing his or her lawful duties when the law enforcement officer is in the discharge of his or her official duties and when the conduct is prejudicial to good order or decorum at any place where the officer is required to be in the execution of his or her official duties.
Some examples of situations involving willful obstruction of law enforcement officers as defined in the statute:
An Atlanta man was arrested after threatening to kill officers who responded to a disturbance call.
A 38-year-old Atlanta man is charged with willful obstruction of law enforcement officers and simple battery of law enforcement officers after a scuffle at a bar in Midtown Atlanta early Sunday morning.
Ryan Joshua Lee, 38, is charged with willful obstruction of law enforcement officers and 7 counts of simple battery of a law enforcement officer.
Lee had been escorted out of a Midtown bar on Sunday by security because they thought he was too drunk to drive. Lee became agitated and was placed under arrest. He allegedly resisted officers while being placed in the patrol car and again when he arrived at the jail.
A father was arrested after allegedly trying to run over police officers who were trying to pull him over.
A Moultrie father was arrested for aggravated assault and other charges earlier this month after he allegedly tried to run over police officers and then led them on a chase in which his 1-year-old son nearly flew off the roof of his car.
Right after the chase ended with the 27-year-old Moultrie man, Preston Levar Hand, and his passenger, Terrence Wilkins, being taken into custody, police officers said the boy was hungry and wet, saying that he was not properly placed or secured inside the suspect’s car.
Police used their cars to catch up to Hand after he allegedly nearly ran over an officer who had tried to pull him over for not having a tag on his car. That officer heard a gunshot as Hand drove off, but police later determined that no one had been shot.
While police chased Hand, using their sirens and lights, he reached speeds of around 80 miles per hour and drove on the wrong side of the road on U.S. Highway 41 South through 3 intersections before police were able to box him in at Hancock and North Main streets.
In the end the driver and his passenger attempted to flee on foot, but police apprehended them both after a short foot chase into an apartment complex.
After his arrest, police said that the baby had been placed on the roof of the car due to the small back seat. Police said that during the chase the baby leaned too hard to one side and was almost thrown off of the car.
No officers or civilians were injured during the chase.
A woman was charged with resisting a law enforcement officer without violence after police said she pulled out a knife and pointed it at the officer.
According to Miami Shores PD, an off-duty Miami Shores police officer was working at a nearby Safecapture, when she observed the woman, Rae Gray, 24, hurl verbal insults to a man that was parking next to her.
The off-duty officer approached Gray and told her that she needed to leave the area. Police said that Gray became agitated and pulled out a knife and pointed it at the officer.
Another officer who worked at Safecapture saw the off-duty officer and rushed in to assist her. Police said Gray continued to point the knife at both of them before fleeing the scene.
Police caught Gray a few blocks away and arrested her. She was charged with resisting a law enforcement officer without violence.
Penalties for Obstructing a Police Officer
Given the serious nature of what is at stake when facing an obstruction of law enforcement charge, it is important to consult with an experienced criminal defense attorney who you believe can protect your rights and freedom. So while the crime of willfully obstructing law enforcement officers in Georgia can, in theory, be a simple misdemeanor offense, this is actually relatively uncommon. Instead, willful obstruction in most cases results in felony punishments. This disparity is predominantly the result of the fact that the penalties and potential sentencing for such an offense depend heavily on how the obstruction was committed and whether the defendant has any prior convictions of obstruction or other crimes in the past. Still, willful obstruction can be classified as either a misdemeanor or felony charge. The important thing to remember is if your obstruction charge is classified as a felony then you will have a felony conviction on your record if you are convicted. Felony convictions can haunt individuals for the rest of their lives, and can prevent them from obtaining certain occupations and professional licenses. Here is a brief overview of the different penalties involved in obstruction of law enforcement cases: But in addition to facing jail time or probation for a theft arrest, individuals can face substantial monetary fines. A misdemeanor obstruction of law enforcement charge is a misdemeanor for which the punishment is a fine of up to $1,000.00. In comparison, at least 3 days of imprisonment in addition to any other sentences must be imposed for a felony obstruction of law enforcement officer charge. In addition, felons cannot serve the minimum sentence by performing community service. Finally, a criminal charge can also hurt you even if it is dropped or dismissed. Employers can and do perform criminal background checks, and an obstruction arrest will likely show up on one of those background checks. In addition, misdemeanor obstruction charges can impact your ability to qualify for a license concerning a professional occupation. Consequently, it is always a good idea to consult with an obstruction defense attorney who can help you navigate these obstacles.
Ways to Defend Against Willful Obstruction
A number of legal defenses can be raised against accusations of willfully obstructing a law enforcement officer or a firefighter in the performance of his or her duties. The defense your attorney raises will depend on the particular facts of your case and the strategies they prefer to use in litigating it.
One typical defense for many obstruction of justice charges is lack of intent. If the defendant did not intend to create problems for the police officer and actually wanted to help them do their job, there is no intention of deliberate obstruction. Similarly, mistake of fact could be used if a misunderstanding led the defendant to do something the officer misconstrued as obstructing .
Other potential defenses depend on the specific facts of the case. If the action was taken under threat or duress, this could be used against the charges. If it can be proved your First Amendment rights have been violated, that could also be a possible defense.
Statutory or constitutional challenges to the law itself regarding obstruction of justice (possibly requiring changes to the law on the books) might be considered. Some defenses might be excluded depending on factual circumstances, but in other cases, criminal defense attorneys may need to consider and choose among a number of possible defenses.
Effects of Willful Obstruction on Police and the Community
When accusations of obstruction arise in law enforcement encounters, they not only impact the individuals involved but also resonate throughout the department and the community. A charge of willful obstruction of law enforcement officers can eventually end up as grounds for dismissal of a police officer, a blow to the department’s reputation that taints all officers and should be avoided at all costs.
This can result in a number of internal investigations and subsequent disciplinary action against officers if the investigations prove allegations of improper conduct. Simultaneously, a black mark on the department’s record may fuel public perception that local law enforcement is rogue and does not respect civil liberties.
This is not to say that resisting a police officer should just be ignored. The vast majority of charges are merited, and proper police action should not be compromised by a few unscrupulous individuals. However, it should be recognized that even the most minor incidents create a poor public perception that fuels an idea that all officers may act that way, which is often not even close to the truth.
The reality is that most law enforcement officers go to work every day with the hope that each person they encounter is orderly and law abiding. Although things may not go well, officers have good intentions and a clear understanding of why they serve and protect their communities.
In order to maintain this, it is crucial that in order to build trust with the community, police departments take any accusation of obstruction seriously. But it is also essential that the legal system shows restraint when it comes to punishing individuals for obstructing an officer. The vast majority of police officers are just as capable of wrongdoing as everyone else; however, the vast majority of instances that result in obstruction charges do not involve any wrongdoing at all on behalf of the police department.
It is important to make a distinction between criminal conspiracy and lawful assemblies. An assembly can constitute a peaceful demonstration. In those cases, charges of obstruction should not be used to penalize people that are simply expressing their freedom of speech in accordance with their 1st Amendment rights. Rather, it is necessary for police departments, the courts, and the public to view obstruction more holistically.
Obstruction is a more complex issue than many want to acknowledge. It is necessary for police officers to be able to do their jobs without interference from reckless individuals. But police officers must also show restraint and uphold civil liberties.
Potential Precedence and Case Law
In the past few years, courts have acknowledged the growing concern regarding how the crime of willful obstruction of law enforcement officers has been applied to protected First Amendment activity. As explained by the D.C. Circuit, "[t]he line separating lawful activity from unlawful activity that hinders or obstructs law enforcement officers is often difficult to draw." In re Application of the United States for an Order Authorizing Disclosure of Location Information for Cell Phones for Thomas, 849 F.3d 652, 669 (D.C. Cir. 2017). More recently, in a police-brutality case in Sacramento, California, several activists alleged the "tactic of ‘willful obstruction’ is used to stifle activists and their right to free speech." The activist claimed the obstruction law can be used to suppress protected speech in public places and that it was difficult to distinguish between protected speech and words or conduct that might have interfered with the officer’s ability to perform his or her duties. In response , the officers’ attorneys said the activists’ protest violated the obstruction statute and "interfered with a criminal investigation by blocking access to the crime scene." After an extensive discovery process on the difficult lines, the case recently settled.
The Ninth Circuit recognized the difficulty of this task in Vasquez v. City of San Jose, noting "[w]hile sustained physical resistance to arrest poses a clear risk to officers, mere non-violent interference with a legal arrest does not." Furthermore, "[a]fter recognizing the fact-specific nature of obstruction-in-arrest claims, we [the Ninth Circuit] remarked that ‘[d]etermining where the line lies depends highly on context, and courts in this circuit are capable of recognizing when an officer is genuinely impeded in the performance of his or her duties.’" Vasquez, 674 F.3d at 1155-56 (9th Cir. 2012) (internal citations omitted). The City of San Jose settled the Vasquez suit for an undisclosed amount, but the case is still helpful post as it highlights the inherent challenges in determining where the line should be drawn between protected speech and lawful interference.