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.

WARRANTLESS MOTEL ROOM ENTRY UPHELD IN 3rd CIRCUIT

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Butler, (3rd Cir. Decided December 28, 2010 Unpub.) On December 28, 2010, the Third Circuit Court of Appeals decided the United States v. Butler [i], which [...]

11th CIRCUIT UPHOLDS WARRANTLESS ENTRY INTO BARN

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Diaz, 2010 U.S. App. LEXIS 24958 (11th Cir. Decided December 7, 2010 Unpub.) On December 7, 2010, the Eleventh Circuit Court of Appeals decided the Unites States [...]

TERRY STOPS, FRISKS, AND DUFFEL BAGS

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Walker, (6th Cir. Decided August 12. 2010) In 1968, in Terry v. Ohio [i], the United States Supreme Court held that officers may conduct a brief investigative [...]

ALABAMA WEIGHS IN ON ANONYMOUS TIPS AND REASONABLE SUSPICION

©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) CR-09-1337, 2010 Ala. Crim. App. LEXIS 96 (Decided November 5, 2010) On November 5, 2010, the Court of Criminal Appeals of Alabama decided C.D.M. v. Alabama [i] which involved an anonymous caller phoning [...]

WARRANTLESS IN-HOME ARREST AND THRESHOLD ARRESTS

©2010 Brian S. Battertion, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) Shepard v. Budnick (11th Cir. 2008 Unpublished) Law enforcement officers are often faced with the circumstance where they have probable cause to arrest a suspect for a particular crime, [...]

SEARCH WARRANT UPHELD DESPITE TECHNICAL ERROR

©2010 Brian S. Battertion, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Thurman (8th Cir. Decided November 22, 2010) At times, addresses of homes are ambiguous or difficult to determine. Law enforcement officers seeking to obtain search warrants [...]

9-1-1 HANG-UP CALLS:

©2010 Brian S. Battertion, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) Johnson v. the City of Memphis 617 F.3d 864 (6th Cir. 2010) Law enforcement officers often receive “9-1-1 hang-up” dispatches. These are, as the name of the dispatch infers, [...]

CANINE’S LEAP INTO CAR DID NOT VIOLATE 4th AMENDMENT

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Lujan, 2010 U.S. App. LEXIS 21021 (10th Cir. Decided October 12, 2010) It has long been established that a canine sniff of the exterior of a [...]

FALSE ARREST, RACE CASE

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) Lockett v. City of New Orleans et al., No. 09-30712, 2010 U.S. App. LEXIS 9261 (5th Cir. Decided May 5, 2010) In July of 2008, Lockett, a Southern University [...]

CONSTRUCTIVE POSSESSION AND SPATIAL PROXIMITY

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) In the Interest of J.S., A10A0654, 2010 Ga. App. LEXIS 399 (Decided April 16, 2010) On December 23, 2008, a police officer in Georgia observed a car parked at [...]