About Brian S. Batterton, J.D.

Brian S. Batterton MAJOR, COBB COUNTY, GA POLICE DEPARTMENT, ATTORNEY Expert Witness Categories: Use of Force | Deadly Force | Officer Involved Shooting Law Enforcement Policies – Tactics | Procedures / Pursuits / School Related Issues Brian Batterton is an attorney in the State of Georgia and currently a Major with the Cobb County Police Department. He has been in law enforcement since 1994 and obtained his Juris Doctorate in 1999 from John Marshall Law School in Atlanta. He has served in Uniform Patrol, Investigations, Training (as an instructor and as the Director), Adjutant/Legal Officer to the Chief, and is currently a precinct commander. In addition to his work at the police department, he also lectures for the Legal and Liability Risk Management Institute (LLRMI) on both criminal law and procedure topics, as well as, police civil liability.

EXCESSIVE FORCE AND THE ADA

On January 17, 2025, the Fifth Circuit Court of Appeals decided Cantu v. Austin Police Dep’t[i], which is instructive regarding the use of deadly force, as well as the Americans with Disabilities Act (ADA).  The relevant facts of Cantu, taken [...]

DO BAD TACTICS VIOLATE THE FOURTH AMENDMENT?

On January 21, 2025, the Seventh Circuit Court of Appeals decided Ancheta v. Jones[i], in which several police officers converged on drug suspect at a gas station.  The first officer to approach, with gun pointed, was in plainclothes and allegedly [...]

DO STATEMENTS OF VICTIMS ESTABLISH PROBABLE CAUSE?

On April 4, 2025, the Eleventh Circuit Court of Appeals decided Fleuranville v. Mia. Dade County[i], in which the court examined whether detectives did a sufficient investigation regarding rape allegations. The relevant facts of Fleuranville, taken directly from the case, [...]

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