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.

STREET CRIME POLICE UNITS

On March 27, 2009, the Court of Appeals for the District of Columbia decided the United States v. Washingtoni which serves as an excellent criminal procedure review for “street crime” police units.  In this case, the District of Columbia High Impact Tactical [...]

TASER®

Over the past few years, the use of Tasers® (electronic restraining/compliance device) has become more common among law enforcement agencies nationwide.  Recent literature indicates that “electronic control devices” are being used by 11,500 agencies, with approximately 260,000 of the devices [...]

Service of Arrest Warrants at Third Party Premises

Recently, the Court of Appeals of Georgia decided a case that serves as excellent refresher training in criminal procedure regarding execution of arrest warrants in third party premises, third party consent and the plain view exception to the search warrant [...]

Scott v Harris

Harris v. Coweta County, et al., No. 07-13941, 2008 U.S. App. LEXIS 353 (11th Cir. 2008) In 2007, the United States Supreme Court decided Scott v. Harrisi, which vastly limited Fourth Amendment liability arising from vehicle pursuits.  This case began in 2001, [...]

Proving Constructive Possession of Illegal Drugs

United States v. Harris, No. 06-3045, 2008 U.S. App. LEXIS 3731 (D.C. Cir. Decided February 22, 2008) Officers from the Washington D.C. Metropolitan Police Department executed a search warrant at the home of Dale Ann Harris, where she lived with her [...]

Traffic Stops and Control of Passengers

In 1997, the United States Supreme Court held, in Maryland v. Wilson, that it is reasonable for officers to order passengers in a lawfully stopped automobile to exit the vehicle.i  The court reasoned that there must be a balance during a [...]

Terry Frisks and the Totality of the Circumstances

Many officers are of the belief that if they have the legal right to detain a suspect, they can automatically frisk that suspect “for officer safety.”  However, in 1968, the United States Supreme Court held that an officer may conduct [...]

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