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 Explains the Independent Source Doctrine

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On August 28, 2017, the Eleventh Circuit Court of Appeals decided the United States v. Harling[i], which serves as an excellent explanation of the independent source doctrine as it relates [...]

Tenth Circuit Upholds Immunity for Officer Who Shoots Car Chase Suspect

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On August 1, 2017, the Tenth Circuit Court of Appeals decided Johnson v. Peay[i], in which the court discussed whether an officer who shot a fleeing car chase suspect is [...]

Expanding the Scope of a Traffic Stop with Reasonable Suspicion

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 14, 2017, the Court of Appeals of Georgia decided Taylor v. State[i], which serves as an excellent review of the law pertaining to the reasonable suspicion required to [...]

Trooper Sued for Shooting Large Dog Running Loose on the Interstate

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 18, 2017, the Eighth Circuit Court of Appeals of decided Hansen v. Black[i], in which the court discussed whether a state trooper violated the Fourth Amendment when he [...]

The Fourth Amendment: Entry Into Private Premises and Excessive Force

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 15, 2017, the Ninth Circuit Court of Appeals decided Woodward v. City of Tucson et al.[i], in which the court discussed whether a trespasser has a reasonable expectation [...]

COLORADO’S LEGALIZATION OF MARIJUANA AND ITS IMPACT ON TRAFFIC STOP CANINE SNIFFS

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 13, 2017, the Colorado Court of Appeals decided the People v. McKnight[i], in which the court discussed the impact the impact of Amendment 64 of the Colorado Constitution as it [...]

Tenth Circuit Upholds Reasonable Suspicion When Gang Member Lied to Officer

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On August 1, 2017, the Tenth Circuit Court of Appeals decided the United States v. Coca[i], in which the court discussed whether an officer illegally detained a gang member who [...]

Can an Officer Question a Driver Regarding His Criminal History on a Traffic Stop?

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On August 24, 2017, the Tenth Circuit Court of Appeals decided the United States v. Cone[i], in which serves as an excellent review of the law regarding whether, on a [...]

Community Caretaking vs. the Fourth Amendment

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On August 25, 2017, the Sixth Circuit Court of Appeals decided the United States v. Lewis[i], which serves as an excellent review of the community caretaking exception to the Fourth [...]

Do Police Need a Search Warrant to Track a Wanted Suspect by Pinging His Cell Phone?

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On June 5, 2017, the Sixth Circuit Court of Appeals of decided the United States v. Riley[i], in which the court discussed whether the police violate the Fourth Amendment when, [...]