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.

WORKPLACE SEARCHES AND THE FOURTH AMENDMENT

On October 16, 2015, the Seventh Circuit Court of Appeals decided Gustafson v. Adkins [i], which serves as instructive concerning the law pertaining to workplace searches and qualified immunity for illegal searches.  The relevant facts of Gustafson, taken directly from the case, are [...]

WARRANTLESS GRAB OUT OF RESIDENCE HELD UNCONSTITUTIONAL

On September 16, 2015, the Eleventh Circuit Court of Appeals decided Moore v. Pederson [i], which serves as excellent review regarding warrantless home entry to arrest a suspect.  The relevant facts of Moore, taken directly from the case, are as follows: In the [...]

NEW CONSIDERATIONS REGARDING MALICIOUS PROSECUTION SUITS

On April 8, 2015, the Eleventh Circuit Court of Appeals decided Elmore v. Fulton County School District et al. [i], which is instructive regarding federal lawsuits for false arrest and malicious prosecution under the Fourth Amendment.  The facts of Elmore, taken directly from [...]

EXCESSIVE FORCE AND FAILURE TO INTERVENE: PART II

On June 25, 2015, the Eleventh Circuit Court of Appeals decided Salvato v. Miley et al. [i], which provides an excellent explanation of the “ratification” as it pertains to potential liability for police and sheriff department’s that exonerate officers after a use [...]

EXCESSIVE FORCE AND FAILURE TO INTERVENE: PART I

On June 25, 2015, the Eleventh Circuit Court of Appeals decided Salvato v. Miley et al. [i], which serves as an excellent explanation of excessive force and failure to intervene in an excessive force incident as well as “ratification” as it pertains [...]

PEPPER SPRAY USE AT SCENE OF A PROTEST

On May 21, 2015, the Fifth Circuit Court of Appeals decided Singleton v. Darby [i], which is instructive regarding the constitutionality of an officer’s actions at the scene of a protest.  The relevant facts of Singleton, taken directly from the case, are as [...]

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