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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
Assessing the totality of the circumstances, a court holds the plain view exception applied and the officers’ search of a vehicle was lawful
The court restated the well-established law that an officer’s observance of a traffic violation, no matter how minor, gives the officer probable cause to initiate a stop
K-9
The court noted the “vast difference” between providing a warning before releasing a dog to search off-lead and not giving a warning while searching with a leashed dog
As long as an officer has a good-faith belief that the person has authority to consent, the consent will be upheld in court.
Investigation of cyberstalking, or any stalking based on communications, should start with a visit to the appropriate prosecutor for guidance on the constitutional guardrails
Remember that it isn’t enough to do the right thing; an officer must also thoroughly document the reason for doing the right thing
The court rules a suspect effectively resisted arrest by fleeing
It was the officers’ adherence to policy that led to a successful prosecution
Appellate court concludes that the evidence plainly showed the officers subjectively believed the suspect had a gun
Court rules on whether an ankle-crossing restraint tactic contributed to a subject’s death