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.

SOCIAL NETWORK BULLYING & CONSTITUTIONAL ISSUES REGARDING SCHOOL DISCIPLINE

Social networking has become a common method for students to facilitate harassment and bullying of classmates. School officials often face uncertainty regarding when they may discipline students for such conduct as it often occurs off-campus during non-school hours. This two [...]

WHEN DOES A CONSTITUTIONAL SEIZURE OF A PERSON OCCUR?

©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) United States v. Jermaine Smith, 9th Cir. Decided February 3, 2011 On February 3, 2011, the Ninth Circuit Court of Appeals decided the United States v. Jermaine Smith. [i] [...]

WELFARE CHECKS, SUICIDE, AND THE FOURTH AMENDMENT

©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) Roberts v. Spielman 11th Cir. Decided June 14, 2011 Suicide threat calls are some of the most difficult calls for law enforcement officers due to the fact that [...]

SUPREME COURT VACATES WARRANT REQUIREMENT FOR CHILD INTERVIEWS

©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) 2011 U.S. Supreme Court Camreta v. Greene On May 26, 2011, the United States Supreme Court decided Camreta v. Greene et al., [i] and vacated a decision of the Ninth [...]

LEGAL REQUIREMENTS FOR PROTECTIVE SWEEPS OF RESIDENCES BY LAW ENFORCEMENT

©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) 2011 Arizona v. Fisher On May 19, 2011, the Supreme Court of Arizona decided Arizona v. Fisher [i], which serves as an excellent review of the law as it pertains [...]

4th AMENDMENT SEIZURES AND FLEEING SUSPECTS

©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) 2011 11th Circuit, United States v. Shepard In 1991, the United States Supreme Court decided California v. Hodari [i] which involved the issue of when a seizure of a person [...]

7th CIRCUIT UPHOLDS EVIDENCE FOUND DURING EVICTION

©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) United States v. Curlin, 7th Cir. 2011 Law enforcement officers, particularly deputies, are often called to execute Writs of Possession, civil court orders that evict tenants and place [...]

GEORGIA COURT UPHOLDS WARRANTLESS SEIZURE OF COMPUTERS FROM RESIDENCE

©2011 Brian S. Batterton, Attorney, PATC Legal & Liability Risk Management Institute (www.llrmi.com) Hesrick v. State On March 10, 2011, the Court of Appeals of Georgia, decided Hesrick v. State [i], which serves as an excellent review of the “exigent circumstance” exception to [...]

CAMPERS, CURTILAGE AND THE FOURTH AMENDMENT

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Basher (9th Cir. Decided January 20, 2011) When law enforcement officers think of the concept of “curtilage” and its application to the Fourth Amendment, houses, yards, and [...]

SUBTERFUGE AND THE FOURTH AMENDMENT

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) Redmond v. Commonwealth of Virginia (Court of Appeals of Virginia, November 16th 2010) On November 16, 2010, the Court of Appeals of Virginia decided Redmond v. Commonwealth of Virginia [i], a [...]