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.

THE FOURTEENTH AMENDMENT AND ABUSE OF STUDENTS

On January 7th, 2016, the Sixth Circuit Court of Appeals decided the Domingo et al. v. Kowalski et al. [i], which serves as instructive regarding when abuse of a student in school, by a school official, may amount to a violation of [...]

ELEVENTH CIRCUIT UPHOLDS WARRANTLESS SEIZURE OF COMPUTER

On September 16, 2015, the Eleventh Circuit Court of Appeals decided the United States v. Oates [i], which serves as excellent review regarding the requirements of the plain view doctrine as it relates to warrantless seizures.  The relevant facts of Oates, taken directly [...]

PROTECTIVE SWEEP AND THE LEGAL REQUIREMENTS

On October 15, 2015, the Court of Appeals of Georgia decided Causey v. State [i], which serves as an excellent review of the legal requirements for officers when conducting a protective sweep of a residence.  The relevant facts of Causey, taken directly from [...]

SCHOOL RESOURCE OFFICERS AND USE OF FORCE ON STUDENTS

Today, many school districts have law enforcement officers assigned to work exclusively in their schools.  These officers, often called school resource officers (SROs), are assigned to the schools to promote a proper educational environment by enhancing safety and security at [...]

A TYPOGRAPHICAL ERROR LEADS TO FALSE ARREST FOR STOLEN CAR

On October 22, 2015, the Tenth Circuit Court of Appeals decided Maresca v. Fuentes et al. [i], which is instructive for law enforcement officers regarding the potential consequences of typographical errors that lead to felony stops.  The relevant facts of Maresca, taken directly [...]

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