Coley v. State, 344 S.E.2d 490 (Ga. Ct. App. 1986). · Go Syfert
Coley v. State, 344 S.E.2d 490 (Ga. Ct. App. 1986). Cases Citing This Book View Copy Cite
37 citation events (30 in the last 25 years) across 4 distinct courts.
Strongest positive: Ryan Derowitsch v. Jonathan Granger (ca11, 2019-09-06)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (rule) Ryan Derowitsch v. Jonathan Granger
11th Cir. · 2019 · confidence medium
See Lackey v. State, 686 S.E.2d 112, 114-15 (Ga. 2009) (reversing a conviction for misdemeanor obstruction where the defendant was fleeing after having shot a man but complied immediately with the pursuing officer’s order to stop); Coley v. State, 344 S.E.2d 490, 490-91 (Ga. Ct. App. 1986) (reversing a conviction for misdemeanor obstruction where the evidence showed “[a]t most [that defendant] did not respond immediately” to the officer’s order to stop); see also Reese v. Herbert, 527 F.3d 1253, 1273 (11th Cir. 2008) (concluding no arguable probable cause existed to arrest plaintiff fo…
examined Cited as authority (rule) WBY, Inc. v. Jeffery Rutland (3×) also: Cited "see"
11th Cir. · 2017 · confidence medium
Martinez v. State, 322 Ga.App. 63 , 743 S.E.2d 621, 623 (2013); Coley v. State, 178 Ga.App. 668 , 344 S.E.2d 490, 490 (1986).
discussed Cited as authority (rule) Laura Skop v. City of Atlanta, Georgia
11th Cir. · 2007 · confidence medium
For speech to rise to the level of obstruction, it must be reasonably interpreted to be a threat of violence to the officer, which would amount to obstruction or hindrance.” (citations omitted)); Coley v. State, 178 Ga.App. 668 , 344 S.E.2d 490, 491 (1986) (reversing an obstruction conviction because the defendant “did nothing more than fail to respond immediately to [the officer’s] orders”); see also Davis v. Williams, 451 F.3d 759, 767 (11th Cir.2006) (“Neither an owner’s simple inquiry as to why officers are present on his property nor a person’s attempt to bring a dangerous s…
discussed Cited as authority (rule) State v. Stone
Vt. · 2000 · confidence medium
Although we have never addressed this question, we find decisions from other jurisdictions persuasive. 4 See, e.g., District of Columbia v. Little, 339 U.S. 1, 5-6 (1950) (defendant’s refusal to unlock door of home for health inspector did not constitute inference with officer); Coley v. State, 344 S.E.2d 490, 491 (Ga. Ct. App. 1986) (failure to respond to officer’s orders to move away from truck, and then to stop walking, did not support conviction for obstructing officer); City of Warren v. Stringer, 1983 WL 6090 , at *1 (Ohio Ct. App. 1983) (failure of automobile passenger to remove his…
discussed Cited "see, e.g." JENKINS v. LEE
M.D. Ga. · 2021 · signal: see also · confidence low
“To obstruct, resist, or oppose for purposes of obstructing an officer implies forcible resistance and does not mean the refusal to merely obey the police officer’s command to move . . . so that the police could perform their duties unimpeded.” Woodward v. Gray, 241 Ga. App. 847, 849 (2000); see also Coley v. State, 178 Ga. App. 668 (1986) (finding the evidence insufficient to support an obstruction conviction where the defendant “did nothing more than fail to respond immediately to [the officer’s] orders”).
discussed Cited "see, e.g." Geraldo Hernandez Martinez v. State (2×)
Ga. Ct. App. · 2013 · signal: compare · confidence medium
Compare Coley v. State, 178 Ga. App. 668, 668-669 ( 344 SE2d 490 ) (1986) (holding that defendant’s failure to immediately respond to officer’s orders, without more, was insufficient to support defendant’s conviction under OCGA § 16-10-24).
discussed Cited "see, e.g." Martinez v. State (2×)
Ga. Ct. App. · 2013 · signal: compare · confidence medium
Compare Coley v. State, 178 Ga. App. 668, 668-669 ( 344 SE2d 490 ) (1986) (holding that defendant’s failure to immediately respond to officer’s orders, without more, was insufficient to support defendant’s conviction under OCGA § 16-10-24).
discussed Cited "see, e.g." Davis v. State (2×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
M., 247 Ga. App. 588, 590 ( 544 SE2d 504 ) (2001) (citation omitted); see Bright v. State, 265 Ga. 265, 279 (5) (a) ( 455 SE2d 37 ) (1995). 24 See Overand v. State, 240 Ga. App. 682, 683 (1) ( 523 SE2d 610 ) (1999); see also Burgess v. State, 290 Ga. App. 24, 27 ( 658 SE2d 809 ) (2008). 25 (Emphasis supplied.) 26 See. e.g., Coley v. State, 178 Ga. App. 668, 669 ( 344 SE2d 490 ) (1986) (defendant’s mere failure to immediately follow police orders was insufficient to show obstruction). 27 See Webb v. State, 277 Ga. App. 355, 359 (2) ( 626 SE2d 545 ) (2006). 28 Weeks v. State, 274 Ga. App. 122,…
Coley
v.
the State
71767.
Court of Appeals of Georgia.
Apr 7, 1986.
344 S.E.2d 490
James G. Blanchard, Jr., for appellant., Sam B. Sibley, Jr., District Attorney, Charles R. Sheppard, Assitant District Attorney, for appellee.
Sognier, Banke, Birdsong.
Cited by 15 opinions  |  Published
Sognier, Judge.

Appellant was convicted of obstruction of an officer in the performance of his official duty by refusing to cooperate with the officer. Appellant contends the evidence is not sufficient to support the verdict and the trial court erred by denying his motion for a directed verdict of acquittal.

Charles Baldwin of the Columbia County Sheriff’s Office was dispatched to investigate a domestic disturbance between appellant and his wife. On Baldwin’s arrival, appellant and his wife were outside the home of appellant’s sister-in-law and appellant was walking toward his pickup truck; the passenger door was open and appellant’s wife shouted: “He’s got a gun.” Baldwin ordered appellant to move away from the truck and he did not do so; Baldwin repeated his order and appellant started walking toward the house. Baldwin ordered appellant twice to stop; when he did not stop Baldwin ran up behind appellant, grabbed him, searched him, and then arrested appellant. Appellant was unarmed, but a .38 calibre pistol with a clip containing five rounds was found under some clothing on the seat of appellant’s truck. Appellant was committing no offense when Baldwin arrived at the scene, and made no verbal or physical threats against Baldwin. Appellant’s sister-in-law testified, as a State witness, that she saw nothing that was in any way obstructing an officer, and appellant did not do anything; he was just going to leave.

Appellant testified that when Baldwin arrived he ordered appellant to freeze and put his hands on the truck; within a split second Baldwin repeated the order so appellant closed the truck door, walked over to the house steps and sat down.

OCGA § 16-10-24 provides that a person who knowingly and wilfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of obstructing a law enforcement officer. We find nothing in the evidence here to show that appellant obstructed or hindered Baldwin in any way in the performance of his duty. Appellant did not verbally or physically threaten Baldwin; in fact, appellant did not speak to, or argue with, Baldwin. At most, he did not respond immediately to Baldwin’s orders.

“Moses v. State, 6 Ga. App. 251 (64 SE 699) (1909) explains that the words ‘obstruct, resist, or oppose’ imply forcible resistance. ‘Obstruct’ is given as a synonym for ‘hinder’ in Webster’s Unabridged Dictionary. And prior to Moses it was held . . . that refusing to obey a command to open a door did not ‘obstruct’ the officer.” McCook v. State, 145 Ga. App. 3, 5 (2) (243 SE2d 289) (1978). In McCook we held that evidence that the defendant’s arguing with and swearing at a police officer who was attempting to arrest McCook’s brother-in-[*669] law, and McCook’s refusal to get back in his truck when ordered to do so, did not “obstruct” the officer and was insufficient to warrant conviction of that offense. Similarly, in Moccia v. State, 174 Ga. App. 764 (331 SE2d 99) (1985), where the defendant made neither verbal nor physical threats of violence against a police officer, although his conduct toward the officer was obnoxious and contemptuous, we found the evidence insufficient to sustain a conviction of obstructing an officer.

Decided April 7, 1986. James G. Blanchard, Jr., for appellant. Sam B. Sibley, Jr., District Attorney, Charles R. Sheppard, As sitant District Attorney, for appellee.

Since appellant here did nothing more than fail to respond immediately to Baldwin’s orders, we find the evidence insufficient to support the verdict. McCook, Moccia, supra. Accordingly, it was error to deny appellant’s motion for a directed verdict of acquittal.

Judgment reversed.

Banke, C. J., and Birdsong, P. J., concur.