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 GRANTS IMMUNITY IN CANINE EXCESSIVE FORCE CASE

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 19, 2017, the Eleventh Circuit Court of Appeals of decided Jones v. Fransen et al.[i], in which the court discussed whether immunity is appropriate regarding alleged excessive force [...]

FIFTH CIRCUIT UPHOLDS NON-MIRANDIZED, IN CUSTODY CONSENT TO SEARCH

On February 15, 2013, the Fifth Circuit Court of Appeals decided the United States v. Gonzalez-Garcia [i], which is instructive regarding the law related to consent to search obtained while a person is in custody. The facts of Gonzalez, taken directly from the [...]

FIFTH CIRCUIT HOLDS NON-CONSENSUAL WITNESS DETENTION IS A FOURTH AMENDMENT SEIZURE

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On April 20, 2017, the Fifth Circuit Court of Appeals decided Lincoln v. Barnes[i], in which the court discussed the whether the non-consensual detention of a witness to a police [...]

ELEVENTH CIRCUIT UPHOLDS STOP AND ARREST BASED ON COLLECTIVE KNOWLEDGE

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On April 10, 2017, the Eleventh Circuit Court of Appeals decided United States v. Hogan[i], which serves as an excellent review of the law pertaining to collective knowledge of multiple [...]

FIFTH CIRCUIT DENIES IMMUNITY FOR OFFICER IN STOP, ARREST AND FORCE CASE

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On April 18, 2017, the Fifth Circuit Court of Appeals decided Alexander v. Garza et al.[i], in which the court discussed the whether an officer was entitled to qualified immunity [...]

ELEVENTH CIRCUIT DISCUSSES KNOCK AND ANNOUNCE AND DEADLY FORCE

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 17, 2017, the Eleventh Circuit Court of Appeals decided Santana v. Miami-Dade County et al.[i], in which the court discussed the Fourth Amendment as it relates to the [...]

REMOVING A DRUNK DRIVER FROM CAR VS. THE FOURTH AMENDMENT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On May 5, 2017, the Eighth Circuit Court of Appeals decided Boude v. Heady et al.[i], in which the court discussed whether an officer violated the Fourth Amendment when he [...]

ELEVENTH CIRCUIT UPHOLDS WARRANTLESS SEARCH OF PROBATIONER’S RESIDENCE

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 27, 2017, the Eleventh Circuit Court of Appeals decided the United States v. Collins[i], in which the court discussed whether a warrantless search of a probationer’s residence was [...]

THIRD CIRCUIT FINDS FOR OFFICERS IN VEHICLE SEARCH LAWSUIT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 1, 2017, the Third Circuit Court of Appeals decided Morgan v. Borough of Fanwood et al.[i], in which the court discussed whether officers were liable for Fourth Amendment [...]

TENTH CIRCUIT HOLDS USE OF CAMERA ON UTILITY POLE DID NOT VIOLATE THE FOURTH AMENDMENT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On April 5, 2017, the Tenth Circuit Court of Appeals decided the United States v. Cantu[i], in which the court discussed whether the use of a utility pole camera that [...]