What Is “Obstruction” of a Police Officer in Georgia?
Georgia law makes it a misdemeanor to “obstruct” any law enforcement officer who is acting “in the lawful discharge of his or her official duties by offering or doing violence” to said office. The phrase “lawful discharge” is critical. For example, if a police officer starts asking you questions and you decide to walk away, is that “obstruction”? Not necessarily. If the officer had no lawful reason to detain you, then there is no obstruction.
Appeals Court: Carrying a Baseball Bat Is Not a Crime
A recent decision from the Georgia Court of Appeals, Terry v. State, provides a helpful illustration of what we are talking about. In this case, a police officer receives a radio report of a man and a woman walking around town carrying a baseball bat. The pair were seen near a local restaurant. The officer, acting on a hunch that the couple might have broken into the restaurant–it was around 2.am.–took the call and decided to look for the couple.
Shortly thereafter, the officer found the defendant walking down a sidewalk and carrying a baseball bat. The officer activated the lights on his police car, signaling he wanted the defendant to stop. The officer then stepped out of his car and demanded the defendant drop his bat. The defendant cursed and walked towards the officer. The officer repeated the demand to drop the bat several more times. The defendant continued cursing. At one point, the defendant flipped the bat in the officer’s direction, but he did not raise it.
The officer arrested the defendant for obstructing a police officer. The defendant was subsequently convicted in the trial court. The Court of Appeals later reversed the conviction, however, holding the state failed to meet its burden of proof.
Specifically, the appellate court took exception with the arresting officer’s characterization of what happened as an “investigatory detention.” In legal terms, the officer claimed he initiated what is known as a Terry stop. (The name comes from a United States Supreme Court decision, Terry v. Ohio, unrelated to the defendant in this case.) A Terry stop requires the officer to develop a “reasonable, articulable suspicion that a citizen is committing or has committed a crime.” Any physical resistance to a Terry stop can be considered evidence of illegal obstruction.
In this case, however, the Court of Appeals said there was no lawful Terry stop because the officer had no reasonable, articulable suspicion that the defendant committed any crime. The officer had a “hunch” that someone carrying a baseball bat might have burglarized a restaurant, but there was no evidence that any such burglary occurred. At best, the officer saw the defendant carrying a baseball bat, which is not illegal. As such, despite the defendant’s reaction to the officer’s presence, he did not commit obstruction. He simply exercised his lawful right to “disregard the police and go about his business.”
Contact Hawkins Spizman Trial Lawyers Today
When facing criminal charges that could send you to prison, you have every right to challenge the lawfulness of the police’s actions towards you. A qualified Atlanta criminal defense attorney can assist you in holding the system accountable. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
efast.gaappeals.us/download?filingId=677f7955-c679-4fd1-97cf-d98652f235ab
