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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
Front Door
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
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Ken Wallentine
Drug abuse transaction
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
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Ken Wallentine
phone hotline call
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
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Ken Wallentine
image (3).jpg
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
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Ken Wallentine
lights-police-car
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
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Ken Wallentine
Police car and bullet holes in glass
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
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Ken Wallentine
Fingerprint scanner on the phone screen. Touch screen smartphone with a zone to touch the human finger, to unlock the device.
Legal
Compelling thumbprint to unlock phone was lawful (but not always)
A parolee asked the trial court to suppress the evidence, arguing the search of his phone and house violated his Fourth and Fifth Amendment rights
June 25, 2024 12:15 PM
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Ken Wallentine
Traffic stop
Legal
Small clues add up to reasonable suspicion
Based on the “totality of the circumstances,” the officer had reasonable suspicion to extend the traffic stop in a drug courier case
June 25, 2024 12:02 PM
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Ken Wallentine
police lights night traffic stop road
Legal
If a suspect can talk, does that mean he’s breathing?
Let’s be clear, the myth that talking equals breathing has been debunked over and over again
June 20, 2024 09:51 PM
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Ken Wallentine
officer-created-danger-hatchet-w.jpg
Legal
Officer-created danger theory lives on
Parents sue for excessive force based on “officer-created danger,” but qualified immunity granted based on suspect’s manifest intentions
June 13, 2024 02:48 PM
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Ken Wallentine
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