BACON v. the STATE.
347 Ga. App. 689
Ga. Ct. App.2018Background
- Sarah Bacon was tried for obstruction of a law enforcement officer (misdemeanor) and simple battery; the jury convicted her of obstruction and acquitted her of battery.
- Incident: at an American Legion in Sumter County, Bacon allegedly struck a co-worker (C.R.); off‑duty municipal officer J.B., working private security, intervened and attempted to arrest Bacon after observing the altercation.
- J.B. (a sworn officer for Plains and Montezuma) handcuffed Bacon after she pulled away twice; he called the Sumter County Sheriff’s Department to transport her.
- Bacon moved for a directed verdict of acquittal on the obstruction charge, arguing J.B. lacked authority to make an arrest outside his municipality and thus was not lawfully discharging official duties. Trial court denied the motion; Bacon appealed.
- The State argued J.B. could act as a private citizen effecting a citizen’s arrest or that municipal officers retain a 24/7 duty to maintain the peace irrespective of jurisdictional limits.
- The Court of Appeals reversed, holding the State failed to show J.B. had legal authority to arrest outside his municipal boundaries, so he was not lawfully discharging official duties and Bacon could not be convicted of obstruction for resisting that arrest.
Issues
| Issue | Plaintiff's Argument (Bacon) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Bacon could be convicted of obstruction when the officer was an off‑duty municipal officer acting outside municipal limits | J.B. lacked authority outside his jurisdiction; thus he was not lawfully discharging official duties and obstruction cannot apply | J.B. was authorized to act: either as a private citizen effecting arrest when witnessing a crime or as an officer with a continuing duty to maintain the peace beyond jurisdictional limits | Reversed: J.B. had no demonstrated authority to arrest outside his municipality; he was not lawfully discharging official duties, so obstruction conviction could not stand |
Key Cases Cited
- Zilke v. State, 299 Ga. 232 (Supreme Court analysis that statutory arrest powers do not expand jurisdiction of campus police)
- Wagner v. State, 206 Ga. App. 180 (resisting unlawful arrest cannot support obstruction conviction)
- Ewumi v. State, 315 Ga. App. 656 (suspect’s resistance to unlawful arrest cannot form basis for obstruction conviction)
- Stryker v. State, 297 Ga. App. 493 (off‑duty officers and private security context discussed for obstruction charge)
- Williams v. State, 299 Ga. 632 (statutory construction: plain meaning controls)