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.

INTERNET SERVICE PROVIDER INFORMATION AND THE FOURTH AMENDMENT

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 15, 2012, the Court of Appeals of Georgia decided Hatcher v. State [i] in which the court discussed whether a person other than the actual subscriber has a [...]

SIXTH CIRCUIT UPHOLDS K9 SEARCH WHERE DOG JUMPED INTO CAR

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) It is well established that a free air sniff by a police canine of the exterior of an automobile during the normal time frame for a traffic stop [...]

SIXTH CIRCUIT SUPPRESSES EVIDENCE FROM SEARCH INCIDENT TO ARREST OF AUTOMOBILE

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 21, 2012, the Sixth Circuit Court of Appeals decided the United States v. McCraney [i], which serves as an excellent review of searches incident to arrest of automobiles [...]

MISTAKEN IDENTITY AND THE FOURTH AMENDMENT

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On June 4, 2012, the Eighth Circuit Court of Appeals decided the United States v. Phillips [i] which is instructive regarding cases of mistaken identity during officer/citizen stops and the Fourth [...]

WARRANTLESS AUTOMOBILE SEARCHES

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On June 5, 2012, the Eleventh Circuit Court of Appeals decided the United States v. Carter[i], which serves as an excellent review of two rules regarding warrantless searches [...]

NINTH CIRCUIT COURT UPHOLDS PAT DOWN SEARCH OF SUSPECT’S GROIN AREA

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On January 5, 2012, the Ninth Circuit Court of Appeals decided the United States v. Russell [i], which serves as an excellent review regarding consent searches of a person. The [...]

PROTECTIVE SWEEPS OF RESIDENCES: A REVIEW

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On January 13, 2012, the Fourth Circuit Court of Appeals decided United States v. Rebecca Jones and Kipling Jones[i], which serves as an excellent review of the law related [...]

REASONABLE SUSPICION, HIGH CRIME AREAS AND A SUSPECT’S FLIGHT

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 7, 2012, the Sixth Circuit Court of Appeals decided the United States v. Jones [i] which serves as an excellent review of the law related to seizures of [...]

FOURTH CIRCUIT – ADA APPLIES TO POLICE INVESTIGATION

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 12, 2012, the Fourth Circuit Court of Appeals decided Seremeth v. Frederick County, et al. [i] which discussed whether the Americans with Disabilities Act (ADA) applied in the context [...]

INVOCATION OF RIGHT TO COUNSEL DURING INTERVIEW MUST BE UNAMBIGUOUS

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) When a person is subjected to custodial questioning by law enforcement, he or she must be advised of their rights under Miranda v. Arizona. One of the rights under Miranda is [...]