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.

SELF-HELP REPOSSESSION VERSUS THE FOURTH AMENDMENT

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) Law enforcement officers are often called to conduct “stand-bys” for repossession agents (“repo-agents”) as they conduct self-help repossession of behalf of creditors. Self-help repossession is simply repossession of [...]

FIRST CIRCUIT HOLDS PASSENGER HAS NO REASONABLE EXPECTATION IN CAR

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On July 31, 2012, the First Circuit Court of Appeals decided the United States v. Symonevich [i] and held that a passenger in an automobile, which he does not own, [...]

EIGHTH CIRCUIT UPHOLDS SEARCH OF RENTAL CAR

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On August 6, 2012, the Eighth Circuit Court of Appeals decided the United States v. Lumpkins [i] which serves as an excellent lesson regarding the law pertaining to overdue rental [...]

FOURTH CIRCUIT UPHOLDS EVIDENCE FOUND BY K9 SNIFF DURING TRAFFIC STOP

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On July 17, 2012, the Fourth Circuit Court of Appeals decided the United States v. Hill [i] which serves as an excellent review pertaining to the law regarding officers questioning [...]

NINTH CIRCUIT AFFIRMS SUMMARY JUDGMENT IN FAVOR OF OFFICERS IN TASER® CASE

On September 11, 2012, the Ninth Circuit Court of Appeals decided Marquez v. City of Phoenix et al. [i], which serves as an excellent review regarding the law related to the constitutional requirements for a legal use of force. The facts of Marquez, [...]

THE IMPORTANCE OF A VEHICLE IMPOUND POLICY

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) In 1976, the United States Supreme Court decided South Dakota v. Opperman [i] and held that police officers may conduct inventory searches of lawfully impounded vehicles for the purposes of [...]

GEORGIA COURT UPHOLDS ROADBLOCK INITIATED BY A FIELD SUPERVISOR

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On September 24, 2012, the Court of Appeals of Georgia decided Williams v. State [i], which serves as an excellent review of constitutional law and Georgia law regarding roadblocks. The [...]

TENTH CIRCUIT HOLDS OFF DUTY OFFICER WORKING SECURITY NOT SUBJECT TO FOURTH AMENDMENT

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) Many law enforcement officers work some form of secondary employment while off-duty to supplement their income. In most cases, these law enforcement officers work with the approval of [...]

SIXTH CIRCUIT UPHOLDS INVENTORY SEARCH OF AUTO

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On June 19, 2012, the Sixth Circuit Court of Appeals decided the United States v. Jackson [i], which serves as an excellent review of the law related to inventory searches [...]

NINTH CIRCUIT HOLDS GUN POINTING AT END OF VEHICLE PURSUIT REASONABLE

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 21, 2012, the Ninth Circuit Court of Appeals decided Anderson v. City of Bainbridge Island, et al. [i], in which they held that officers acted reasonably in [...]