Ken Wallentine

Law Enforcement and the Law

Ken Wallentine is the chief of the West Jordan (Utah) Police Department and former chief of law enforcement for the Utah Attorney General. He has served over four decades in public safety, is a legal expert and editor of Xiphos, a monthly national criminal procedure newsletter. He is a member of the Board of Directors of the Institute for the Prevention of In-Custody Death and serves as a use of force consultant in state and federal criminal and civil litigation across the nation.

LATEST ARTICLES

Interrogation Room with Chairs and Table

Legal

Coerced rape of daughter ends in confession

U.S. v. Pena examines the legality of voluntary confession in a coerced rape case involving a confession and its admission in court

October 22, 2024 11:21 AM

Ken Wallentine

Futuristic digital background. Abstract connections technology and digital network. 3d illustration of the Big data and communications technology.

Legal

Another view of geofence warrants

Examining conflicting court rulings on geofence warrants, highlighting concerns over privacy, constitutionality and law enforcement tactics

October 22, 2024 11:12 AM

Ken Wallentine

Legal

Drug trafficker deflated when drugs were found in spare tire

Court assesses reliability of photo array identification in United States v. Ruiz, where key ID evidence led to a conviction

October 07, 2024 10:00 AM

Ken Wallentine

Legal

Can you say ‘Polizei Spurhund Prüfung’ five times real fast?

How drug detection dog reliability in traffic stops impacted U.S. v. Collier, where a K-9 alert led to a drug conviction

October 07, 2024 09:52 AM

Ken Wallentine

Legal

‘Cherubic’ wind opening door did not allow lawful entry

In Quinn v. Zerkle, the 4th Circuit weighs the legality of implied consent after a door opens following a police pursuit, while upholding the use of force in a rapidly evolving confrontation

September 17, 2024 10:43 AM

Ken Wallentine

Legal

Small puzzle pieces add up to probable cause

Agents built a case against Ronald Carmona, using phone data and controlled buys to prove fentanyl distribution

August 27, 2024 10:21 AM

Ken Wallentine

Legal

Statements suppressed after suspect asks to call his lawyer sister

How should officers respond to an ambiguous request for counsel following the Miranda warning?

August 27, 2024 10:11 AM

Ken Wallentine

Legal

Busted by his cellphone

In U.S. v. Chatrie, the 4th Circuit upheld geofence warrant data linking Chatrie to a robbery, ruling it didn’t violate the 4th Amendment

August 27, 2024 09:59 AM

Ken Wallentine

Use of Force

It takes time to start force, it takes time to stop force

When an officer has “sufficient time to comprehend that a suspect was subdued,” continued force is unreasonable, but officers are given leeway to assess the threat level

August 17, 2024 04:05 AM

Ken Wallentine

Officer-Involved Shootings

Qualified immunity for gunshots that hit innocent passenger

The court ruled the officers’ use of force, aimed at stopping an armed driver who had shot a police K-9 and his handler, was not excessive

August 17, 2024 03:54 AM

Ken Wallentine