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.

INFORMATION FROM SECURITY GUARD PROVIDED REASONABLE SUSPICION TO JUSTIFY STOP

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 8, 2012, the Eighth Circuit Court of Appeals decided the United States v. Robinson [i], which serves as an excellent review of the law regarding investigative detentions. The [...]

EIGHTH CIRCUIT HOLDS BULGE UNDER CLOTHING NOT PC FOR SEARCH

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 22, 2012, the Eighth Circuit Court of Appeals decided the United States v. Aquino [i], which serves as an excellent review for Constitutional law related to stops and [...]

SUPREME COURT OF GEORGIA UPHOLDS SEARCH OF CELL PHONE INCIDENT TO ARREST

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 23, 2012, in Hawkins v. State [i], the Supreme Court of Georgia addressed the issue of whether a cellular phone may lawfully be searched as part of a [...]

FIFTH CIRCUIT DENIES QUALIFIED IMMUNITY FOR OFFICER IN NO KNOCK EXECUTION OF SEARCH WARRANT

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On March 9, 2012, the Fifth Circuit Court of Appeals decided Clark v. City of San Antonio, et al. [i] which serves as an excellent review of the legal [...]

ELEVENTH CIRCUIT FINDS OFFICER ACTED REASONABLY IN SHOOTING DRIVER OF A CAR

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On January 30, 2012, the Eleventh Circuit Court of Appeals decided Terrell v. Smith[i], which serves as an excellent review of the law regarding the Fourth Amendment and use of force [...]

ELEVENTH CIRCUIT UPHOLDS EVIDENCE FOUND DURING VEHICLE INVENTORY

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) On September 30, 2011, the Eleventh Circuit Court of Appeals decided the United States v. Glover [i] which serves as an excellent review of the constitutional law as it applies [...]

“INTERVENING CIRCUMSTANCES” AND SAVING BAD POLICE STOPS

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) In criminal procedure, the “fruit of the poisonous tree” doctrine states that evidence that is derived from an illegal stop or other illegally obtained evidence will be inadmissible [...]

6TH CIRCUIT DENIES QUALIFIED IMMUNITY FOR DEPUTIES IN EVICTION INCIDENT

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) Law enforcement officers are often called to keep the peace during eviction proceedings. While the vast majority of these incidents are handled without problems, at times, it is [...]

FAILURE OF K9 ALERT MAY NOT NEGATE PROBABLE CAUSE ESTABLISHED BY THE TOTALITY OF THE CIRCUMSTANCES

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) It is widely recognized by courts that a positive alert by a properly trained and certified police canine provides probable cause for a search of an automobile. However, [...]

MIRANDA WARNING NEEDED DURING “NON CUSTODIAL” INTERVIEWS?

©2012 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) It is well known that police must provide suspects with Miranda warnings for custodial questioning. Further, before questioning, the suspect must waive his Fifth Amendment rights after the warnings are given. However, [...]