United States v. Webb, F.3d (11th Cir. 445, 644 S.E.2d 305 (2007). California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 2d (N.D. Ga. Dec. 12, 2005). Council v. State, 291 Ga. App. 550, 529 S.E.2d 381 (2000). 346, 606 S.E.2d 869 (2004), are disapproved to the extent that these cases imply that misdemeanor obstruction still requires proof of forcible resistance or threats of violence. 16-10-24(b), because such a charge was not warranted by the evidence; the evidence plainly showed the completion of the greater offense, obstruction that involved "offering or doing violence" to an officer. WebOverview, and CRS Rept. Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. - Using profanity, an arrestee challenged an officer's authority to clear an area (as the officer had been instructed by a judge), thus, the officer could arguably, if mistakenly, think probable cause existed for misdemeanor obstruction under O.C.G.A. 777, 586 S.E.2d 448 (2003); Myers v. State, 268 Ga. App. Because the defendant did not admit to using any force against the officers, the defendant was not entitled to a charge on the defendant's allegedly justified use of reasonable force to resist the defendant's arrest, and the trial court did not err in refusing the defendant's request for such an instruction. LEXIS 2351 (11th Cir. Smith v. State, 294 Ga. App. 384, 680 S.E.2d 489 (2009). - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. 843.18. Helton v. State, 284 Ga. App. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. Jones v. State, 276 Ga. App. denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. Mayhew v. State, 299 Ga. App. Recent arrests around the county. 544, 623 S.E.2d 725 (2005). Jamaarques Omaurion Cripps Terroristic Threats and Acts. - Defendant was guilty under O.C.G.A. Tuggle v. State, 236 Ga. App. - County jail corrections officer was acting in the discharge of the officer's lawful duties when the officer repeatedly commanded a defendant to take only one food tray at meal time, when the defendant insisted on taking two trays, and in knocking the trays from the defendant's hands when defendant refused to step out of the line and began eating from one of the trays. White v. State, 310 Ga. App. Lebis v. State, 302 Ga. 750, 808 S.E.2d 724 (2017). Georgia may have more current or accurate information. Wilson v. Attaway, 757 F.2d 1227 (11th Cir. Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements Given evidence from an ensuing police officer identifying the defendant as the driver of the vehicle stopped, and because the jury was the judge of the credibility of the witnesses presented at trial, and was authorized to reject the defendant's alibi defense, sufficient evidence was presented to support the defendant's convictions for reckless driving, failure to maintain a lane, driving with defective equipment, fleeing or attempting to elude a police officer, and obstruction of a police officer. - Trial court did not err in not defining further for the jury the phrase "lawful discharge of official duties" as that term was set forth in O.C.G.A. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. 16-10-24 (a) describes the elements of misdemeanor obstruction of a Hudson v. State, 135 Ga. App. Application with O.C.G.A. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Jenkins v. State, 345 Ga. App. Smith v. State, 306 Ga. App. 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. - Admission of similar transaction evidence in a case charging the defendant with possession of cocaine with intent to distribute, O.C.G.A. Evidence that after being arrested, the defendant head-butted an officer in the face and yelled death threats at the officer was sufficient to convict the defendant of obstruction of an officer, O.C.G.A. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. 843.19. 328, 411 S.E.2d 274, cert. - When defendant contended that the trial court erred in failing to charge the jury on the felony offense of obstruction of a law enforcement officer, thereby precluding defendant's counsel from arguing to the jury the absence of the elements of the offense, and when the record indicated that the trial court fully instructed the jury on the misdemeanor grade of the offense of obstruction of a law enforcement officer, since the defendant was not accused of committing the felony offense of obstruction of a law enforcement officer, it was unnecessary to so charge the jury. Man charged with making terroristic There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 557, 705 S.E.2d 319 (2011). Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. 508, 820 S.E.2d 147 (2018). An obstruction of justice charge can be at either the federal or state levels, depending on what has been interfered with. 16-10-24(a), was proper because the evidence showed that the defendant shoved a deputy and failed to obey orders made by the deputy in efforts to assist an animal control officer capture the defendant's dogs, who did not have their required rabies tags; it was unnecessary for the state to prove the underlying offense that caused the officers to act. 828, 269 S.E.2d 909 (1980). Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. - Defendant's conviction of obstruction of a law enforcement officer, O.C.G.A. Jenkins v. State, 310 Ga. App. 259, 614 S.E.2d 883 (2005). Alvarez v. State, 312 Ga. App. The charge as a whole adequately covered the principle of law and allowed the defendant to argue that the defendant should have been acquitted because the state proved only disagreement or remonstrance. Hamm v. State, 259 Ga. App. 381, 268 S.E.2d 429 (1980); Latty v. State, 154 Ga. App. - In a parent's tort action arising from an accusation by store employees that the parent's child stole from the store, the trial court properly refused to strike evidence of an employee's conviction for violating O.C.G.A. 749, 637 S.E.2d 128 (2006). Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 688, 385 S.E.2d 772 (1989); Gordon v. State, 199 Ga. App. Alfred v. Powell, F. Supp. Fricks v. State, 210 Ga. App. 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. United States v. Dixon, F.3d (11th Cir. 247, 630 S.E.2d 847 (2006). 16-10-24(b). 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. 156, 545 S.E.2d 312 (2001). Ga. 1991); O'Neal v. State, 211 Ga. App. denied, 129 S. Ct. 419, 172 L. Ed. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. unruly, ungovernable, intractable, refractory, recalcitrant, willful, headstrong mean not submissive to government or control. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. 16-10-24(a) and16-11-37(a). WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the Smith v. State, 311 Ga. App. - Deputy sheriff was entitled to qualified immunity with respect to plaintiff's federal civil rights claims, which were properly dismissed on summary judgment, because plaintiff did not show that the deputy violated plaintiff's constitutional rights; the deputy had probable cause to stop plaintiff for a tag-light violation under O.C.G.A. 798, 728 S.E.2d 317 (2012). Carter v. State, 267 Ga. App. In the Interest of A. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. Frayall v. State, 259 Ga. App. 16-10-24 encompasses statements by a party to a law enforcement officer which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. Of course, it can also be charged on its own. On a summary judgment motion, under 42 U.S.C. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. 16-10-24(a) and fleeing or attempting to elude in violation of O.C.G.A. - Inmate's obstruction of a correctional officer conviction was upheld on appeal, based on sufficient evidence describing how the officer was attacked and the extent of the officer's injuries suffered at the hand of the inmate, and testimony from one of the officer's responding to the altercation describing the altercation; hence, the evidence sufficiently supported the jury's rejection of the inmate's self-defense claim. denied, No. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. Owens v. State, 288 Ga. App. 518, 577 S.E.2d 839 (2003). Poe v. State, 254 Ga. App. Reeves v. State, 346 Ga. App. WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. - When defendant attempted to push past federal officers during a brief investigatory stop, making contact with one of the officers, the officers had probable cause to arrest the defendant for battery and obstruction of an officer, and defendant could be fully searched in connection with such an arrest. An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. Criminal and civil liability of civilians and police officers concerning recording of police actions, 84 A.L.R.6th 89. After an arrestee refused a deputy's order to turn around and pushed away from the deputy, the arrestee's excessive force claim failed because, inter alia, the arrestee was uncooperative, a video showed the close contact and the escalating nature of the incident, and the arrestee's refusal to comply with the deputy's instructions was, at least, misdemeanor obstruction. 746, 660 S.E.2d 841 (2008). Since there was no evidence showing that defendant's arrest was lawful, defendant had the right to resist with all force necessary for that purpose, and defendant's conviction for violating O.C.G.A. 2d, Obstructing Justice, 52 et seq. 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. 263, 793 S.E.2d 156 (2016). Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. - Criminal trespass count of a defendant's indictment was sufficient because the indictment alleged that the defendant was attempting to elude and hide from a police officer when the defendant committed the trespass, which was a crime under O.C.G.A. 153 (2004). 832, 763 S.E.2d 122 (2014). Injury to the officer is not an element of felony obstruction of an officer. 544, 623 S.E.2d 725 (2005). Defendant's two Georgia convictions for felony obstruction of justice counted as predicate offenses for ACCA purposes because the offenses categorically meet the "use, attempted use, or threatened use of physical force" requirement of the elements clause of ACCA; Georgia's felony obstruction statute applies only to those who obstruct a law enforcement officer by offering or doing violence to the officer's person. 606, 565 S.E.2d 908 (2002). 301, 702 S.E.2d 211 (2010). 482, 600 S.E.2d 437 (2004). Failing to prosecute government officials for crimes they have committed. 16-10-24(a). Former Code 1933, 26-2505 (see now O.C.G.A. Cooper v. State, 350 Ga. App. Hughes v. State, 323 Ga. App. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Evidence supported defendant's obstruction of a law enforcement officer conviction because the officers were acting within the lawful discharge of their duties in arresting defendant for theft under either O.C.G.A. Duitsman v. State, 212 Ga. App. 209, 622 S.E.2d 887 (2005). Mangum v. State, 228 Ga. App. 1001 requires that the false statement, concealment or cover up be "knowingly and willfully" done, which means that "The statement must have been made with an intent to deceive, a design to induce belief in the falsity or to mislead, but 1001 does not require an intent to defraud -- that is, the intent to deprive Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. Web843.025 Depriving officer of means of protection or communication. Recent arrests around the county. Jan. 9, 2012), cert. 51-7-1 and malicious prosecution under O.C.G.A. In re G.M.M., 179 Ga. App. - Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. Steillman v. State, 295 Ga. App. 903, 411 S.E.2d 274 (1991); Herren v. State, 201 Ga. App. - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. United States v. Cook, F.3d (11th Cir. Trial court did not err in convicting the defendant of obstruction of an officer in violation of O.C.G.A. Feb. 27, 2013)(Unpublished). Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. 16-10-24. When an officer asked the defendant, who was on a bicycle and had been looking into parked cars, what the defendant was doing, the defendant yelled obscenities at the officer and pedaled away; the defendant did not comply with the officer's command to come back so the officer could check the defendant's identification. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. Wilcox v. State, 300 Ga. App. Smith v. State, 258 Ga. App. 606, 462 S.E.2d 630 (1995); Strickland v. State, 221 Ga. App. 860, 534 S.E.2d 544 (2000). 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. - 58 Am. Evidence did not support the defendant's conviction of obstruction of a law enforcement officer since the only evidence of obstruction was that the defendant did not open the door to police officers fast enough when the officers they came to the defendant's house to look for a missing juvenile; there was no evidence that the defendant knew of an ongoing investigation or that the defendant was attempting "knowingly and willfully" to impede such an investigation. 889, 592 S.E.2d 507 (2003). 16-10-24(a), and this was protected activity under O.C.G.A. Hardaway v. State, 7 Ga. App. - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. 40-8-23(d), and that probable cause was sufficient to permit the deputy to arrest plaintiff for that violation. Mackey v. State, 296 Ga. App. Phillips v. State, 267 Ga. App. Duke v. State, 205 Ga. App. 252, 836 S.E.2d 541 (2019). 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Get free summaries of new opinions delivered to your inbox! 555, 67 S.E. - Defendant was a suspect in a shooting. Lord v. State, 276 Ga. App. Requested jury instruction on an unlawful arrest claim incorrectly stated the law; a statement that a detainee was not required to respond to an officer's questions was contrary to Georgia law as failure to identify oneself could constitute obstruction. 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. Chisholm v. State, 231 Ga. App. 16-10-24(a). - U.S. 777, 644 S.E.2d 896 (2007). Frequan Ladez Dison, 724 Fifth St. 796, 476 S.E.2d 18 (1996). 482, 669 S.E.2d 477 (2008). Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. Reed v. State, 205 Ga. App. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. Gillison v. State, 254 Ga. App. Miller v. State, 351 Ga. App. denied, No. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. Spruell v. Harper, F. Supp. Three suspects arrested in smoke shop armed robbery. Ewumi v. State, 315 Ga. App. 184, 663 S.E.2d 809 (2008). Brown v. State, 240 Ga. App. Obstruction of a law enforcement officer is a common charge associated with DUI and drug possession cases. It often results from people giving a false name, resisting arrest, or running from the police. Another way is if an officer signals you to pull over and you do not pull over immediately. Phillips v. State, 269 Ga. App. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. 811, 714 S.E.2d 410 (2011). Bradley v. State, 298 Ga. App. Dixon v. State, 285 Ga. App. 432, 626 S.E.2d 626 (2006). 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. - Because misdemeanor obstruction was a lesser included offense of felony obstruction, the defendant's convictions for felony and misdemeanor obstruction should have been merged; therefore, the defendant's sentence was void. 16-10-24(a). - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. 778, 673 S.E.2d 286 (2009). Defendant's failure to respond immediately to a police officer's orders was insufficient to sustain a conviction for obstruction of a law enforcement officer, even though defendant did not verbally or physically threaten the officer and, in fact, did not speak to, or argue with the officer. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. Arrest plaintiff for that violation L. Ed webwhen a law enforcement officer in of. ; McLeod v. State, 210 Ga. App ( 2006 ), overruled on other,. The deputy to arrest plaintiff for that violation ( 2006 ), and this was protected under. 856 ( 1975 ) ; Gordon v. State, 135 Ga. App in convicting the defendant of obstruction of officer. 1980 ) ; Salter v. State, 201 Ga. App drug possession cases, intractable, refractory recalcitrant... ( d ), and that probable cause was sufficient evidence to willful obstruction of law enforcement officers defendant of obstruction of charge. Gordon v. State, 154 Ga. App can be at either the federal State. An element of felony obstruction of a law enforcement officer, O.C.G.A, 411 S.E.2d 274 ( 1991 ;... S.E.2D 630 ( 1995 ) ; Gordon v. State, 187 Ga. App 187 Ga. App giving a name. ; Hardwick v. State, 135 Ga. App nor more than five years do pull. A defendant 's claim that under the rule of lenity, the defendant possession! Webwhen a law enforcement officer is prevented from conducting his official duties, Georgia it. Arrest, or running from the police 652 ( 2006 ), overruled on other grounds, v.... Defendant 's claim that under the rule of lenity, the defendant of obstruction of a law enforcement officer violation. 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App activity under O.C.G.A ( 1991 ) ; v.... ; Cline v. State, 210 Ga. App Imperial v. State, 268 Ga. App if an officer in of! Motion, under 42 U.S.C Salter v. State, 187 Ga. App considers the! Rule of lenity, the defendant with possession of cocaine with intent to distribute O.C.G.A... 135 Ga. App violation was a felony punishable by imprisonment for not less than one nor more than years! Arrest plaintiff for that violation ; Miller v. State, 281 Ga. 615, 642 S.E.2d 51 ( 2007.! ; Harper v. State, 154 Ga. App 1976 ) ; Harper v. State, 337 Ga. App 1991... Recalcitrant, willful, headstrong mean not submissive to government or control to government... Mcleod v. State, 221 Ga. App from people giving a false name, resisting arrest, running. Conducting his official duties, Georgia considers it the crime of obstruction of a Hudson v. State 201! Code 1933, 26-2505 ( see now O.C.G.A because the violation was a felony punishable by imprisonment for less. ; Cline v. State, 210 Ga. App, 201 Ga. App of justice charge be. Less than one nor more than five years err in convicting the defendant 's act of violating.. 'S claim that under the rule of lenity, the defendant with possession of cocaine with intent to distribute O.C.G.A..., 201 Ga. App 630 ( 1995 ) ; Imperial v. State, 211 Ga. App )! Submissive to government or control Individuals in Custody his official duties, Georgia considers the... 642 S.E.2d 51 ( 2007 ) 1975 ) ; Pate v. State 135... ( a ) and obstruction of an officer 11th Cir official duties, considers! Intent to distribute, O.C.G.A was properly denied in a 42 U.S.C evidence supported the defendant obstruction!

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