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.

VISITOR IDENTIFICATION SYSTEM AT SCHOOL UPHELD BY 5TH CIRCUIT

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) On September 8, 2010, the Fifth Circuit Court of Appeals decided Meadows v. Lake Travis Independent School Districti, which involved a lawsuit involving the mother of a student who was [...]

POLICE CANINE SNIFFS IN PUBLIC SCHOOLS

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) As public school officials attempt to combat the problem of illegal drugs at school, the use of police drug sniffing canines is becoming more prevalent. It is well established [...]

ODOR OF MARIJUANA ON A PERSON MAY JUSTIFY ARREST

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Perdoma, No. 09-3394, 2010 U.S. App. LEXIS 19066 (8th Cir. Decided September 13, 2010) On September 13, 2010, the Eighth Circuit Court of Appeals decided the United States [...]

UNDERAGE POSSESSION OF ALCOHOL AND WARRANTLESS HOME ENTRY

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) Law enforcement officers are frequently dispatched to “loud party” calls that often involve underage persons in possession of alcohol. When responding to such calls, officers must be mindful of [...]

D.C. COURT OF APPEALS HOLD SEARCH WARRANT NEEDED FOR GPS TRACKING DEVICE

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) Recently, the Court of Appeals for the District of Columbia decided the United States v. Maynardi, which involved an issue regarding the need for a search warrant to track, via [...]

DOES A MINIMAL DELAY AFTER CONCLUSION OF A TRAFFIC STOP MANDATE EVIDENCE SUPPRESSION?

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com),United States v. Norwood (8th Cir. Decided May 28, 2010 Unpub)Law enforcement officers are tasked with ferreting out criminal activity in thecommunity in which they police. One such tactic [...]

THE FIRST AMENDMENT MEETS THE CONFEDERATE FLAG AT PUBLIC SCHOOL

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com), School officials are frequently required to make quick decisions regarding violations of school dress codes. Fortunately, the courts have provided a fair amount of case law to assist school [...]

TRAFFIC STOPS, CONSENT, AND THE EFFECT OF QUESTIONS UNRELATED TO THE STOP

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com), 8th Cir. United States v. Harrison, Decided May 26, 2010. The Second Circuit Court of Appeals recently decided the United States v. Harrisoni, which serves as an excellent review of the [...]

FIREARMS IN PUBLIC AND REASONABLE SUSPICION

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com), 8th Cir. United States v. Jones, Decided June 8, 2010. The Eighth Circuit Court of Appeals recently decided the United States v. Jonesi which serves as a review of the legal requirements [...]

IS INDIVIDUALIZED SUSPICION NEEDED FOR STRIP SEARCHES IN SCHOOLS?

©2010 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute, (llrmi.com), 6th Circuit Court of Appeals Knisley v. Pike County Joint Vocational School District, 557 U.S. ___ (2009) In 2009, the United States Supreme Court decided Safford Unified School District v. Reddingi, which [...]