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If people don’t immediately comply with police officer commands, officers often say “stop resisting.” Some people have compared that phrase to Allahu Akbar, the phrase which some Muslim extremists use to justify violent action. That comparison may be a bit over the top, but it definitely raises a valid point. For many years, the law …
Officers responding to a disturbance call arrested a man for obstruction of justice and illegally being in a roadway. During the process, an allegedly drunk driver struck an officer, sending him to the hospital in critical condition. A tipster claimed a man was threatening a woman with a weapon at a gas station. Officers located …
The Georgia Supreme Court revived a doctrine that first appeared in 1710 and allows defendants to offer proportional resistance to unlawful arrests. Athens-Clarke County police officers arrested Christopher Glenn for loitering outside a local elementary school. Glenn, who contended that he was simply walking home, assaulted the arresting officers and kicked the squad car’s door …
Assaults, thefts, possession offenses, mostly marijuana possession, and DUIs dominate the tens of thousands of misdemeanor arrests that occur in Georgia every year. All these infractions have significant direct and collateral consequences. Probation in a misdemeanor, even for a first-time offense, could be half a year or more. During that time, defendants are under the …
Resisting arrest is one of the most commonly-charged violent misdemeanors in Cobb County. It’s typically a fallback charge. Police arrest people for 16-10-24 violations when they cannot think of any other crime to charge. That approach often causes significant problems for prosecutors at trial, as outlined below. This offense is also extremely subjective. The 1991 …
