Brian S. Batterton, J.D.

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.

ELEVENTH CIRCUIT DENIES IMMUNITY FOR WARRANTLESS SEIZURE OF CELL PHONE

On April 2, 2018, the Eleventh Circuit Court of Appeals decided Crocker v. Beatty[i], in which the court examined whether a deputy sheriff was entitled to qualified immunity when he seized the cell phone of a bystander who had taken [...]

TENTH CIRCUIT AFFIRMS IMMUNITY FOR OFFICER WHO SHOT DOG

On March 13, 2018, the Tenth Circuit Court of Appeals decided Kendall v. Olsen et al.[i], in which the court discussed whether an officer violated the Fourth Amendment when he shot a dog in the plaintiff’s backyard while searching for [...]

Fourth Circuit Holds Officer Sniffing Outside Apartment Not a Search

On March 28, 2018, the Fourth Circuit Court of Appeals decided the United States v. Mitchell[i], in which the court discussed whether officers conducted a search under the Fourth Amendment when they sniffed the exterior of an apartment and smelled [...]

ELEVENTH CIRCUIT GRANTS IMMUNITY FOR OFFICERS WHO ARRESTED MASK WEARER AT PROTEST

©2018 Brian S. Batterton, J.D., Legal & Liability Risk Management Institute (www.LLRMI.com) On March 13, 2018, the Eleventh Circuit Court of Appeals decided Gates v. Khokhar et al.[i], in which the court discussed whether officers who arrested a protester for [...]

Warrantless Cell Phone Searches at the Border: Part 2 – The Fifth Circuit

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 1, 2018, the Fifth Circuit Court of Appeals of decided the United States v. Molina-Isidoro[i], in which the court examined whether agents with the Department of Homeland Security [...]

Warrantless Cell Phone Searches at the Border: Part 1 – The Eleventh Circuit

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 15, 2018, the Eleventh Circuit Court of Appeals decided the United States v. Vergara[i], in which the court examined whether agents with the Department of Homeland Security violated [...]

Fourth Circuit Holds Fourth Amendment Violation in Handcuffing of Student Incident

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 12, 2018, the Fourth Circuit Court of Appeals decided E.W. v. Dolgos[i], in which the court examined whether it violated the Fourth Amendment when a school police officer [...]

Fourth Circuit Held Weapon “Security Check” Tipped Scale to Reasonable Suspicion

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 24, 2016, the Fourth Circuit Court of Appeals decided the United States v. Foster[i], in which the court discussed whether officers had sufficient reasonable suspicion to detain a [...]

Court of Appeals of Georgia Explains the Objective Standard for Search Incident to Arrest

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 16, 2018, the Court of Appeals of Georgia decided the State v. McCloud[i], in which the court discussed whether evidence should be suppressed based on the officer’s subjective [...]

Eleventh Circuit Examines Excessive Force on Suspect Experiencing Excited Delirium

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 20, 2018, the Eleventh Circuit Court of Appeals decided Callwood v. Jones et al.[i], in which the court examined the use of force against a suspect who was [...]