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.

Fifth Circuit Explains Constitutional Requirements for Wrongful Termination Case

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 1, 2018, the Fifth Circuit Court of Appeals decided Ristow v. Hansen et al.[i], in which the court discussed the constitutional requirements for a plaintiff to establish a [...]

Eleventh Circuit Grants Immunity for Officer Who Used De Minimis Force

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 4, 2018, the Eleventh Circuit Court of Appeals decided Horn v. Barron[i], in which the court examined whether it an officer who used a “soft hands, straight arm [...]

Tenth Circuit Upholds Impound and Inventory of Rental Car

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 17, 2018, the Tenth Circuit Court of Appeals decided United States v. Sanchez[i], in which the court discussed whether evidence obtained from the inventory of a rental car [...]

Eighth Circuit Upholds Search of Abandoned Cell Phone

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 2, 2018, the Eighth Circuit Court of Appeals decided the United States v. Crumble[i], in which the court examined whether a cell phone abandoned in a car after [...]

First Circuit Finds No Reasonable Expectation of Privacy in Guest of a Guest at a Motel Room

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 18, 2017, the First Circuit Court of Appeals decided the United States v. Aiken[i], in which the court examined whether a “guest of guest” at a motel room [...]

Supreme Court of Georgia: You May Be Committing a Felony if You Secretly Recorded a Sex Act

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On November 2, 2017, the Supreme Court of Georgia of decided the State v. Cohen[i], in which the court explained the legal requirements of the Georgia unlawful surveillance statute. The [...]

Non-Government Actors and the Fourth Amendment

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 14, 2017, the Eleventh Circuit Court of Appeals of decided the United States v. Coffell[i], in which the court examined whether police violated the Fourth Amendment by obtaining [...]

Exigent Circumstances at a Domestic Violence Incident

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 13, 2017, the Eighth Circuit Court of Appeals decided the United States v. Scott[i], in which the court examined whether warrantless entry into private premises at the scene [...]

Search Warrants, Penis Pics and the Fourth Amendment

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 5, 2017, the Fourth Circuit Court of Appeals of decided the Sims v. Labowitz et al.[i], in which the court examined whether it was reasonable for a detective [...]

ELEVENTH CIRCUIT DISCUSSES USE OF TASER AND PROTECTIVE SWEEPS

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 19, 2017, the Eleventh Circuit Court of Appeals decided Brand v. Casal et al.[i], in which the court examined whether the use of the Taser and a protective [...]