LAW.coLAW.co

COLEY v. THE STATE

Court of Appeals of Georgia1986-04-07No. 71767
178 Ga. App. 668344 S.E.2d 490

Summary

Holding. The court reversed the conviction, finding the evidence insufficient to support a verdict of obstructing a law enforcement officer. The failure to immediately respond to an officer's orders, absent any verbal or physical threat or other conduct that actually hinders the officer's duties, does not constitute obstruction under the applicable statute.

Coley was arrested after a law enforcement officer responded to a domestic disturbance call. While investigating, the officer ordered Coley to move away from his pickup truck and subsequently to stop walking toward his house. Coley did not immediately comply with these orders, though he was unarmed and made no verbal or physical threats against the officer. The officer searched and arrested Coley, and a firearm was later discovered in Coley's truck.

Coley was convicted of obstructing a law enforcement officer. The appellate court examined whether the evidence supported this conviction under the applicable statute, which requires that a person knowingly and willfully obstruct or hinder an officer in the lawful discharge of official duties. The court determined that mere failure to immediately obey an officer's commands, without more, does not constitute obstruction. The court noted that Coley did not threaten the officer verbally or physically, did not argue with or speak to the officer, and that the officer was investigating rather than in the midst of performing a specific lawful duty that Coley hindered.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether failure to immediately obey an officer's orders constitutes obstruction
  • Meaning of 'obstruct' or 'hinder' in the context of obstructing a law enforcement officer
  • Whether mere non-compliance without resistance or threats supports an obstruction conviction

Procedural posture

Coley appealed his conviction for obstructing a law enforcement officer, challenging the sufficiency of the evidence and the trial court's denial of his motion for a directed verdict of acquittal.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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- 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, Assitant 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.