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Interference with police

802 Views 0 Replies 1 Participant Last post by  AtlPhilip
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I think you would find if citizens began following police around and interfering with every arrest they thought was illegal the legislature would take a second look at this law.
Did you deliberately reinserting a clause that I explicitly said wasn't appropriate earlier? There is a world of difference between observing/acting, and stalking/harassment.

Authority to execute the law is vested in the executive branch of government and yes, LEO's are vested with the authority to execute that law. They are called Law Enforcement Officers for a reason as the premise is the state has vested them with the authority to faithfully execute the laws as written.
Authority to execute the law is also vested in the hands of the citizens. Please reference:

OCGA § 17-4-60 - Grounds For Arrest
"A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge."

"Under Georgia law, Merenda was entitled to resist arrest if the arrest was unlawful. "

Mullis v. State (1943)
"Where an arrest is not lawful, the person sought to be so arrested, contrary to his right if the arrest had been lawful, has the right to resist, and in doing so has a right to resist force with force proportionate to that being used in unlawfully detaining him."

OCGA § 16-10-24 - Obstructing or hindering law enforcement officers
Which states that an element of the crime is that the officer is "in the lawful discharge of his official duties". If their actions are unlawful, obstruction is not a crime.

Also, you chose to include the words, "as written". The officer in this case was VIOLATING the laws AS WRITTEN. Having forseen this possibility, the legislature has indicated that officer may be arrested by a citizen, and their victim may resist using force if necessary.

You or I could not pull someone over for speeding (i.e. breaking the law) without that authority
We have that authority. It is vested in OCGA § 17-4-60

nor could we make the determination whether to write a ticket or a verbal warning.In fact in many states that would be considered impersonating a LEO and illegal.
But we can haul them before the judge and ask that they be charged. See OCGA § 17-4-61. And the latter part I believe you just made up.

1. LEO's can write their own law

2. LEO's can act in a manner inconsistent with the law
You may as well have. You argued that we have no authority (and should not have the authority) to prevent them from engaging in an illegal act.

Is interfering with a police officer a crime in GA?
Not if their actions are unlawful. See OCGA § 16-10-24

If you think this is wrong show me where
I have many times, as have others here. If you choose not to believe us, you can check the law itself which states it plainly.
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