Interference with police

Discussion in 'Off-topic' started by AtlPhilip, Sep 7, 2017.

  1. AtlPhilip

    AtlPhilip Proud GCO member.

    Discussion split from:

    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 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."

    MERENDA v. TABOR (2013)
    "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.

    We have that authority. It is vested in OCGA § 17-4-60

    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.

    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.

    Not if their actions are unlawful. See OCGA § 16-10-24

    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.