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re: Zach Branch Arrested Post GDay for two "Obstruction" charges..updated with police report
Posted on 4/19/26 at 6:26 pm to meansonny
Posted on 4/19/26 at 6:26 pm to meansonny
It’s a typical PD overcharge if I had to guess.
“Georgia statute O.C.G.A. §16-11-36 defines loitering or prowling as being in a place at a time or in a manner not usual for law-abiding individuals under circumstances that create justifiable, reasonable alarm for safety. It is a misdemeanor punishable by up to one year in jail and a $1,000”
So, yeah it’s basically loitering that they are overcharging him with but “prowling “ sells headlines.
ETA: And to your point, trying to trespass someone from a public sidewalk is not going to stick.
“Georgia statute O.C.G.A. §16-11-36 defines loitering or prowling as being in a place at a time or in a manner not usual for law-abiding individuals under circumstances that create justifiable, reasonable alarm for safety. It is a misdemeanor punishable by up to one year in jail and a $1,000”
So, yeah it’s basically loitering that they are overcharging him with but “prowling “ sells headlines.
ETA: And to your point, trying to trespass someone from a public sidewalk is not going to stick.
This post was edited on 4/19/26 at 6:30 pm
2
Posted on 4/19/26 at 7:42 pm to Wwarmouth
Wasn’t it Athens Twilgiht also Sat?? Million people downtown.
Posted on 4/19/26 at 7:57 pm to RealDawg
quote:
Wasn’t it Athens Twilgiht also Sat?? Million people downtown.
Not to mention G-Day.
I don't recall Twilight ever being the same weekend as G-Day. It must have been absolutely crazy downtown.
Posted on 4/19/26 at 7:59 pm to SecGamer
They should have to remove five outdated laws for everyone they pass.
Posted on 4/19/26 at 8:10 pm to Wwarmouth
quote:
Ahh I remember him being mentioned on older boards as a bad guy. Thought he was the police chief. Was he just UGA police?
He was the UGAPD chief.
Posted on 4/19/26 at 8:12 pm to meansonny
quote:
That doesn't sound like prowling at all.
Obstructing a sidewalk and prowling are part of the same local ordinance. I posted the number to the ordinance above.
Posted on 4/19/26 at 8:14 pm to meansonny
quote:
Prowling is when you are somewhere that you probably should not be.
Someone of authority approaches you and you either flee or lie to that authority (usually flee).
It is actually very, very difficult to make a trespassing charge stick. More often than not, those get charged as prowling.
Once again, prowling and obstructing the sidewalk are part of the same local ordinance in ACC. He wasn't arrested for the prowling portion of it.
Your statement about trespassing is very, very incorrect. Criminal trespass is extremely easy to prove.
This post was edited on 4/19/26 at 8:18 pm
Posted on 4/19/26 at 8:19 pm to SecGamer
quote:
It’s a typical PD overcharge if I had to guess.
“Georgia statute O.C.G.A. §16-11-36 defines loitering or prowling as being in a place at a time or in a manner not usual for law-abiding individuals under circumstances that create justifiable, reasonable alarm for safety. It is a misdemeanor punishable by up to one year in jail and a $1,000”
So, yeah it’s basically loitering that they are overcharging him with but “prowling “ sells headlines.
ETA: And to your point, trying to trespass someone from a public sidewalk is not going to stick.
He was not charged under the state code of loitering and prowling. He was charged under the local ordinance, which combines obstructing a sidewalk and loitering. I posted the ordinance number in the third or fourth post in this thread.
Posted on 4/19/26 at 8:22 pm to New Money
Have you posted the local ordinance in this thread where we could review it?
Posted on 4/19/26 at 8:26 pm to New Money
Fair enough, to your point the state code and local ordinance sound very similar.
These things come down to time, place, and manner.
I don’t have enough details to comment further at the moment.
ETA: Sounds like a power tripping cop.
These things come down to time, place, and manner.
I don’t have enough details to comment further at the moment.
ETA: Sounds like a power tripping cop.
This post was edited on 4/19/26 at 8:30 pm
Posted on 4/19/26 at 8:33 pm to New Money
quote:
Criminal trespass is extremely easy to prove.
You virtually have to prove that the offender saw the sign.
Which is why prowling charges are more common (prove that the defendant either lied or evaded).
Posted on 4/19/26 at 8:38 pm to meansonny
Either saw the sign or was previously verbally trespassed.
However, if he was on a public sidewalk trespass doesn’t apply. You can’t be trespassed from public.
(Just replying to you as last comment)
However, if he was on a public sidewalk trespass doesn’t apply. You can’t be trespassed from public.
(Just replying to you as last comment)
Posted on 4/19/26 at 8:41 pm to SecGamer
Obstructing is what cops say when you don’t listen to their tyranny. That’s basically my point.
Posted on 4/19/26 at 8:52 pm to meansonny
quote:
You virtually have to prove that the offender saw the sign.
Which is why prowling charges are more common (prove that the defendant either lied or evaded).
LOLOLOLOLOL
Trespassing signs carry no legal weight in GA.
The elements of criminal trespass (16-7-21 OCGA) as interpreted by the GA courts require that a person be given specific and individual notice as to which property they are prohibited from being on or remaining.
Here's just one case:
LINK
That notice can be verbal or written. A generic sign is not specific and individual notice.
Posted on 4/19/26 at 8:53 pm to Wwarmouth
quote:
Have you posted the local ordinance in this thread where we could review it?
Yes. I linked it in my first or second post in this thread.
Posted on 4/19/26 at 8:56 pm to SecGamer
quote:
Fair enough, to your point the state code and local ordinance sound very similar.
These things come down to time, place, and manner.
I don’t have enough details to comment further at the moment.
ETA: Sounds like a power tripping cop.
He wasn't charged with the prowling portion. He was charged with obstructing the sidewalk.
Posted on 4/19/26 at 9:01 pm to New Money
I guess that cop likes filling out paperwork and going to court.
Posted on 4/19/26 at 9:02 pm to SecGamer
quote:
However, if he was on a public sidewalk trespass doesn’t apply. You can’t be trespassed from public.
(Just replying to you as last comment)
Yeah. I wasn't trying to say that he was trespassing or would be charged with trespassing.
I brought up trespassing because the charge for a person who is criminally trespassing is often prowling. If the defendant lies or evades authority, it is the easiest to convict.
You can trespass. A law enforcement officer approaches you and tells you that you are trespassing. You immediately leave. That is not criminal trespass.
Im an idiot for bringing up trespass (when it didn't apply to Z). I was only trying to explain what most prowling charges are.
Posted on 4/19/26 at 9:49 pm to SquatchDawg
quote:
Thank God prowling wasn’t a crime when I was in Athens.
Nor was crawling to your car a crime when I was there. I would have never graduated.
Posted on 4/20/26 at 6:24 am to RealDawg
quote:
Wasn’t it Athens Twilgiht also Sat
Yes it was. There were a lot people out. It was one of the more crowded Twilights I've seen in ages. Along with G Day and the 40 Watt having an event, Downtown was hopping.
There were enough police ignoring people drinking on the sidewalk that something else had to be going on besides him standing in the middle of the sidewalk.
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