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.

PUBLIC MEETINGS, FREE SPEECH AND THE FOURTH AMENDMENT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 23, 2017, the Fifth Circuit Court of Appeals of decided Heaney v. Roberts et al.[i] , in which the court discussed the Constitutional legalities pertaining to ejecting a [...]

TENTH CIRCUIT GRANTS IMMUNITY TO OFFICER FOR SHOOTING DRIVER USING CAR AS A DEADLY WEAPON

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 5, 2017, the Tenth Circuit Court of Appeals of decided Clark v. Bowcutt et al.[i] , in which the court decided whether it was reasonable for an officer [...]

PRETEXTUAL STOPS, CANINE SNIFFS AND THE FOURTH AMENDMENT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 28, 2016, the Eighth Circuit Court of Appeals of decided the United States v. Fuehrer[i], which serves as an excellent review of the law pertaining to pre-textual traffic [...]

FUGITIVE INVESTIGATIONS, WARRANTLESS HOME ENTRY AND THE FOURTH AMENDMENT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 19, 2016, the Eleventh Circuit Court of Appeals of decided Hill v. Orange County Sheriff et al.[i], which serves as an excellent review of Fourth Amendment law pertaining [...]

USE OF GPS AND CANINE IN DRUG INVESTIGATIONS

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 1, 2016, the Fifth Circuit Court of Appeals of decided the United States v. Berry[i], which serves as an excellent review of Fourth Amendment law pertaining to use [...]

EXCESSIVE FORCE IN CORRECTIONAL FACILITIES

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 21, 2016, the Eighth Circuit Court of Appeals of decided Ward v. Smith et al.[i], which is instructive concerning law pertaining to excessive force on convicted inmates of [...]

FOURTH CIRCUIT DISCUSSES ‘ARMED AND DANGEROUS’ STANDARD FOR A LAWFUL FRISK

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 23, 2017, the Fourth Circuit Court of Appeals of decided the United States v. Robinson[i], in which the court discussed the meaning of the “armed and dangerous” requirement [...]

SEVENTH CIRCUIT ANALYZES DRUG AGENTS’ CONDUCT DURING INVESTIGATION

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On November 22, 2016, the Seventh Circuit Court of Appeals of decided the United States v. Thompson[i], in which the court examined drug agents’ conduct, in light of the Fourth [...]

EXIGENT CIRCUMSTANCES AS AN EXCEPTION TO THE WARRANT REQUIREMENT FOR SEARCHES OF RESIDENCES

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On November 8, 2016, the D.C. Circuit Court of Appeals of decided Corrigan v. District of Columbia[i], in which the court examined whether exigent circumstances justified two separate warrantless entries [...]

SHERIFFS MAJOR DENIED IMMUNITY FOR VIOLATION OF FIRST AMENDMENT

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On November 28, 2016, the Eleventh Circuit Court of Appeals of decided Bailey v. Wheeler[i] , in which serves as an excellent review of the law as it pertains to [...]