Whaley v. State

“An essential element of the offense of obstruction of an officer is that the officer be engaged ‘in the lawful discharge of his official duties.’ [OCGA § 16-10-24.]” Dixon v. State, 154 Ga. App. 828 (1) (269 SE2d 909). I would hold that defendant’s arrest was illegal and that consequently he was entitled to resist. Therefore, I respectfully dissent.

Defendant was in his home at the time he was directed to accompany Officer Whittington to receive a citation for violating the noise ordinance. “An arrest is complete whenever the liberty of a person to come and go as he pleases is restrained,…