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.

MAN ARMED WITH A SKILLET SHOT BY DEPUTY

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 5, 2016, the Sixth Circuit Court of Appeals of decided Bell v. Cumberland County, TN et al.[i] , in which the court examined whether a deputy’s use of [...]

PRIVATE SEARCHES AND A FRUSTRATED EXPECTATION OF PRIVACY

2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 20, 2016, the Court of Appeals of Georgia decided DeGeorgis v. State[i] , in which the court examined the issue of whether a police officer violated the Fourth [...]

DOES THE AUTOMOBILE EXCEPTION APPLY WHEN THE AUTO IS ON CURTILAGE – PART ONE

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) The automobile exception to the search warrant requirement allows officers to search a vehicle without a warrant when they have probable cause to believe evidence of a crime is [...]

DOES THE AUTOMOBILE EXCEPTION APPLY WHEN THE AUTO IS ON CURTILAGE – PART TWO

COERCED VICTIM STATEMENTS, PROBABLE CAUSE, AND CIVIL LIABILITY

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 13, 2016, the Tenth Circuit Court of Appeals of decided the Estate of David Papadakos et al. v. Norton et al.[i] , in which the court examined the [...]

FOURTH CIRCUIT GRANTS IMMUNITY TO OFFICERS WHO SHOOT UNARMED MAN

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 7, 2016, the Fourth Circuit Court of Appeals decided the Holloman v. Markowski et al[i]. , in which the court examined the issue of whether law enforcement officers [...]

OFFICER PEPPER SPRAYS HANDCUFFED WOMAN

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 4, 2016, the Eleventh Circuit Court of Appeals of decided Nigro v. Carrasquillo[i], in which the court examined the issue of whether an officer violated the Fourth Amendment [...]

ELEVENTH CIRCUIT HOLDS HOME ENTRY UNREASONABLE

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 2nd,2016, the Eleventh Circuit Court of Appeals decided Bratt v. Genovese et al.[i], which serves as an excellent review of the law pertaining to home entry based on [...]

THIRD CIRCUIT DISCUSSES DEADLY FORCE AND DE-ESCALATION ON THE MENTALLY ILL

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 20, 2016, the Third Circuit Court of Appeals decided Johnson v. City of Philadelphia et al[i]. , which is instructive pertaining to use of deadly force when dealing [...]

FIFTH CIRCUIT HOLDS EXIGENT CIRCUMSTANCES MAY JUSTIFY TRAFFIC STOP

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 22, 2016, the Fifth Circuit Court of Appeals decided Toussaint v. United States[i] , which serves as instructive regarding whether exigent circumstances may provide a legal basis under [...]