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.

MAY POLICE DETAIN A PERSON FOR VIDEOING ROUTINE ACTIVITY AT POLICE STATION

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 16, 2017, the Fifth Circuit Court of Appeals decided Turner v. Driver et al.[i], in which the court examined whether it was reasonable to detain a male for [...]

SIXTH CIRCUIT AFFIRMS DENIAL OF MOTION TO SUPPRESS AFTER AMBIGUOUS REQUEST FOR ATTORNEY

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 23, 2017, the Sixth Circuit Court of Appeals decided the United States v. Mays[i], in which the court discussed whether the statement “I really should have a lawyer, [...]

ELEVENTH CIRCUIT UPHOLDS TRAFFIC STOP BASED ON REASONABLE MISTAKE OF TAG LAW

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 15, 2017, the Eleventh Circuit Court of Appeals decided the United States v. McCullough[i], in which the court discussed whether a traffic stop that was conducted because the [...]

ELEVENTH CIRCUIT DISCUSSES WHEN OFFICER DISCIPLINE CAN BE BROUGHT UP IN COURT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On March 3, 2017, the Eleventh Circuit Court of Appeals decided the United States v. Ray[i], in which the court discussed when an officer’s discipline for misconduct can be used [...]

STRIP SEARCH OF JUVENILE AT JUVENILE CORRECTIONAL FACILITY

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 21, 2017, the Fifth Circuit Court of Appeals of decided Mabry v. Lee County[i], in which the court discussed the Fourth Amendment as it relates to routine policies [...]

ELEVENTH CIRCUIT DISCUSSES PEDESTRIAN STOPS, ARREST AND USE OF FORCE

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 2, 2017, the Eleventh Circuit Court of Appeals of decided Montanez v. Parker et al.[i], in which the court discussed the Fourth Amendment as it relates to stopping [...]

FEDERAL AGENT SUED FOR EXCESSIVE FORCE FOR NUMBER OF AGENTS EXECUTING SEARCH WARRANT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 13, 2017, the Tenth Circuit Court of Appeals of decided the Estate of Redd v. Love et al.[i], in which the court discussed whether the number of agents [...]

SUFFICIENCY OF AN INVESTIGATION AND THE FOURTH AMENDMENT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On February 15, 2017, the Eleventh Circuit Court of Appeals decided Smith v. City of Fairburn et al.[i], in which the court discussed the sufficiency of an investigation as it [...]

THE FOURTH AMENDMENT AND FALSE ARREST

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 4, 2017, the Fourth Circuit Court of Appeals of decided Pegg v. Herrnberger[i], in which the court discussed the Fourth Amendment as it relates to false arrest, minor [...]

ELEVENTH CIRCUIT DISCUSSES MENTAL HEALTH COMMITTALS AND FOURTH AMENDMENT

2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 19, 2017, the Eleventh Circuit Court of Appeals of decided May v. City of Hahunta et al.[i] , in which the court discussed the Fourth Amendment and how [...]