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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
Traffic Enforcement, Highway Patrol
Limited English proficiency and DUI warnings
We live in a society that is more mobile and diverse than ever. Officers should learn what language resources are available before the need arises
December 20, 2022 01:32 PM
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Ken Wallentine
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Legal
Reasonable suspicion doesn’t mean beyond a reasonable doubt
In this case, the suspect argued that, “The stop of the vehicle was improper because the officer made a mistake of law that the vehicle was stolen.”
December 06, 2022 09:24 AM
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Ken Wallentine
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Police Training
No Monell liability for TASER device use and policy
Raising a Monell claim is one way plaintiffs try to get at the purse of the government agency in the role as the officer’s employer, supervisor and policy-maker
November 24, 2022 01:56 PM
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Ken Wallentine
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Legal
‘Clearly established’ requirement isn’t just a technicality
A recent case highlights the importance of “clearly established” law at the time of law enforcement-civilian interactions
November 22, 2022 03:51 PM
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Ken Wallentine
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Legal
Following inventory policy leads to admissibility of gun evidence
A suspect challenged the validity of the underlying arrest warrants, but the court held the officers had a good faith basis to rely on the information about the warrants
November 13, 2022 07:45 PM
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Ken Wallentine
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Legal
Expert’s theory: Excessive force because officer ‘didn’t fire enough’
“We think that the use of force remains reasonable after a suspect employs a weapon, has not surrendered, and thus remains dangerous.”
November 06, 2022 09:41 PM
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Ken Wallentine
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Legal
Bystanders sue for emotional injury after witnessing police shooting
The appellate court held the law was sufficiently clear and that the officer “should have known he could not use deadly force on an unarmed man in a parked car.”
November 02, 2022 09:28 AM
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Ken Wallentine
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Legal
What to do with an anonymous tip
SCOTUS has rejected the argument “that reasonable cause for an investigative stop can only be based on the officer’s personal observation, rather than on information supplied by another person”
October 25, 2022 04:19 PM
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Ken Wallentine
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Legal
Handcuffing didn’t create arrest during investigatory detention
A court rules that an officer was justified in handcuffing a subject during a detector dog sniff
October 04, 2022 03:34 PM
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Ken Wallentine
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Legal
Arrest at threshold leads to valid protective sweep
It is proper for an officer to conduct a cursory inspection of adjoining spaces without probable cause or reasonable suspicion
September 26, 2022 04:10 PM
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Ken Wallentine
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