BACON v. the STATE.
BACON v. the STATE.
Opinion
*689 A jury found Sarah Bacon guilty of obstruction of a law enforcement officer (misdemeanor) and not guilty of simple battery. Bacon appeals, contending that the trial court erred by denying her motion for a directed verdict of acquittal on the obstruction charge. She argues that she could not be convicted of obstruction of a law enforcement officer because the officer, an off-duty municipal law enforcement officer, was working outside the municipality's boundaries and thus was not engaged in the lawful discharge of his official duties when he attempted to arrest her. We agree and reverse.
Viewed in the light most favorable to the verdict,
Edenfield v. State
,
Officer J.B, who was a sworn police officer for the Plains Police Department and the Montezuma Police Department, was working security for the American Legion that evening. His work at the time did not involve the Plains or Montezuma police departments, and he was not a sworn officer with the Sumter County Sheriff's Department or the City of Americus Police Department.
Officer J.B. testified that when he exited the American Legion building and entered the facility's carport area, he saw Bacon strike C.R. on the arm. Officer J.B. grabbed Bacon and told her she was under arrest, but Bacon "snatched away" from him. Officer J.B. told her again she was under arrest, and Bacon again pulled away from him. Bacon then "got into a defensive stance," and Officer J.B. "bear hugged" Bacon, placed her against a car, handcuffed her and called for the Sumter County Sheriff's Department to transport her to the sheriff's office. Bacon's cousin, J.R., testified that he witnessed part of the incident and that, when Officer J.B. was attempting to handcuff Bacon, the officer threatened to "throw [Bacon] on the ground"; J.R. implored the officer not to do so, and he did not.
Bacon was charged by accusation with obstruction of a law enforcement officer and simple battery. 1 As to the obstruction of a law *690 enforcement officer charge, the accusation alleged that Bacon:
in Sumter County, ... did knowingly and willfully obstruct [J. B.], a law enforcement officer with the Plains Police Department, in the lawful discharge of his official duties by snatching away from him several times, which made it hard for him to place her under arrest, in violation of the laws of the State of Georgia.
The sole issue on appeal is whether the trial court erred by denying Bacon's motion for a directed verdict of acquittal on the charge of obstruction of a law enforcement officer, when the officer was an off-duty municipal police officer working outside of his jurisdiction when he attempted to arrest her.
The standard of review for the denial of a motion for a directed verdict of acquittal is the same as that for reviewing the sufficiency of the evidence to support a conviction. A motion for a directed verdict in a criminal case should only be granted when there is no conflict in the evidence and the evidence demands a verdict of acquittal as a matter of law. Moreover, on appeal the evidence must be viewed in the light most favorable to the verdict[.]
*505 Where the evidence demands a verdict of acquittal, the failure of a trial judge to so direct a verdict is reversible error.
Howard v. State
,
OCGA § 16-10-24 (a) (2015) provides in pertinent part: "a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor." "Consequently, as an essential element of a prosecution for this offense, the State must prove that the officer was in the lawful discharge of his official duties at the time of the obstruction."
Green v. State
,
*691 OCGA § 40-13-30 provides:
Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, provided that officers of an incorporated municipality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law .
(Emphasis supplied.) Unless otherwise provided by law, "[n]o municipality may exercise any of the powers listed in subparagraph (a) of this Paragraph [e.g., police protection] or provide any service listed therein outside its own boundaries except by contract with the county or municipality affected." Ga. Const. Art. IX, § II, Para. III (b). It is undisputed that Officer J.B. was an officer of an incorporated municipality (Plains, as charged, but also Montezuma, per trial testimony) and was off duty and beyond the corporate limits of the municipality when he attempted to arrest Bacon. The fact that he was off duty is not determinative because obstruction can be committed against a law enforcement officer who is off duty or working private security. See
Stryker v. State
,
The State concedes that "it may be true that as a municipal police office[r], outside of his jurisdiction, [Officer J.B.] did not have authority to arrest [Bacon]," but it asserts that: (1) because Officer J.B. witnessed a crime being committed, "he was ... authorized as a private citizen to place [Bacon] into handcuffs and detain her until a local peace officer could assist him"; and (2) because law enforcement officers have a duty to maintain the peace 24 hours a day, regardless of whether they are on duty, municipal officers are authorized to perform their official duties even outside of their jurisdictions.
1. Citing OCGA § 17-4-60,
2
the State contends that Officer J.B. was authorized as a private citizen to arrest Bacon outside of his
*692
jurisdiction because a crime was committed in his presence. But if he was acting as a private person effecting a citizen's arrest, as opposed to acting as a law enforcement officer, he was without certain authority otherwise conferred only upon law enforcement officers. See generally
Zilke v. State
,
2. The State asserts that "[t]here is no jurisdictional requirement to the general rule that a law enforcement officer has a duty to enforce the law and maintain the peace twenty-four hours a day[,]" and that "[t]his court has yet to set any jurisdictional limitation on this well-established rule."
Indeed, "[a] law enforcement officer has a full-time duty to maintain the peace."
In the Interest of M.M
.,
To meet its burden under OCGA § 40-13-30 of showing that a local or other law gave Officer J.B. arrest powers outside the municipality that employed him, the State relies upon the following cases, each of which involves obstruction of off-duty law enforcement officers who effected arrests to maintain the peace. See
In the Interest of D.S.
,
*693
Although
Zilke
, supra, is not precisely on point because it involved the arrest powers of a
campus
police officer outside the geographical jurisdiction conferred by statute ( OCGA § 20-3-72 ), we find the Supreme Court's analysis in that case compelling. In
Zilke
, the Court recognized that "[p]ursuant to OCGA § 17-4-20 (a) (2) (A), a law enforcement officer may make a custodial arrest without a warrant if the offense is committed in such officer's presence," but, the Court reasoned, nothing in OCGA § 17-4-20 or OCGA § 17-4-23 (which pertinently permitted a law enforcement officer certain arrest powers when a motor vehicle operator committed a violation in his presence) "expands the statutorily-imposed jurisdiction of a campus police officer." Id. at 235,
In sum, municipal Officer J.B. had no power to arrest Bacon outside of the territorial limits of his jurisdiction; thus, he was not discharging his official duties when he tried
*507
to arrest her, and she could not be convicted of obstruction of an officer for resisting the arrest. See generally
Ewumi v. State
,
Judgment reversed.
Dillard, C. J., and Doyle, P. J., concur.
The accusation states that Bacon committed simple battery against "Sarah Bacon." The arrest warrant affidavit names C.R. as the victim, and the evidence shows that the victim of that offense, if there was one, was C.R. In any event, Bacon was found not guilty of simple battery and our review does not involve the verdict as to that count.
OCGA § 17-4-60 pertinently provides: "A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge."
OCGA § 17-4-23 (a) pertinently provides that (1) a law enforcement officer may arrest a person by citation for motor vehicle violations provided the offense is committed in his or her presence, or (2) a law enforcement officer may arrest a person accused of a specified misdemeanor provided the offense was committed in the officer's presence.
Reference
- Full Case Name
- Sarah Ann Bacon v. State
- Cited By
- 7 cases
- Status
- Published