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

Legal

Video evidence, TASER device discharge weighed in court

When is a TASER device discharge considered excessive force? A recent case with video evidence considers the question

January 27, 2022 09:54 AM

·

gavel 15567997853_a141820b04_o.jpg

Legal

The Monell claim story hour

A Monell claim against a police department was dismissed due to a lack of proven liability for the incident in question

January 24, 2022 10:27 AM

·

gavel at Statehouse in Des Moines Iowa_AP Photo_Charlie Neibergall-2.jpg

Legal

Failure to follow training isn’t a Monell claim

Plaintiffs bringing a Monell claim against a municipality or department face a challenge of satisfying all the elements of such a claim

January 18, 2022 09:36 AM

·

Traffic stop

Legal

Vehicle frisk suppression reversed, creating new rule for frisks

The 1st Circuit Court of Appeals determines the legality of a vehicle frisk done on an objective, and not subjective, basis

January 03, 2022 11:33 AM

·

Legal

Child-molesting grandpa’s phone admissible

A recent case offers a look into the Federal Rules of Evidence, including the prior bad acts evidence rule

January 03, 2022 11:05 AM

·

Legal

Reasonable suspicion and the crossbow

In a recent case, the court determines if there was reasonable suspicion for a school resource officer to conduct an investigative stop

December 08, 2021 09:57 AM

·

Legal

No liability for seizing weapons of man taken for mental evaluation

The court rules on a warrantless seizure of a man’s firearms after he was taken for a mental health evaluation

December 02, 2021 09:30 AM

·

Investigations

Use of two-step interrogation technique results in murder conviction reversal

The court rules on the legality of a two-step interrogation technique in which officers “ask first, warn second” in this recent case

November 23, 2021 09:51 AM

·

Legal

No qualified immunity for arrest of citizen journalist asking questions

The court denies law enforcement officers qualified immunity for the arrest of a local journalist in a recent case

November 22, 2021 09:41 AM

·

Surveillance cameras GettyImages-476739016.jpg

Legal

Tuggle’s losing struggle with the mosaic theory of the Fourth Amendment

The “mosaic theory” will certainly become a more common argument advanced by defendants as police expand the use of technology in gathering evidence

November 15, 2021 09:43 AM

·