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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
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Legal
Court considers state-created danger exception in deadly landlord-tenant dispute
The appellate court analyzes a recent case in light of the state-created danger doctrine to decide if the officer should be liable
November 10, 2021 09:37 AM
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Ken Wallentine
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Legal
A vehicle containment is a seizure, probably an arrest
The appellate court reviews a case involving a vehicle containment technique and determines the tactic constitutes a seizure
November 02, 2021 03:42 PM
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Ken Wallentine
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Legal
Paint by the numbers in traffic stops
Officers were accused of extending a traffic stop to conduct a K-9 sniff in this recent case
October 27, 2021 09:39 AM
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Ken Wallentine
Legal
With 2 rulings, SCOTUS rebukes lower courts and doubles down on qualified immunity guidance
If there is any clearly established Supreme Court precedent, it is that the Court believes lower courts continue to misconstrue Supreme Court direction on qualified immunity
October 18, 2021 04:44 PM
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Ken Wallentine
Legal
Drug dog sniff of storage unit wasn’t a search
Is the threshold of a storage unit within curtilage under the Fourth Amendment? The court decides in this recent case
October 18, 2021 09:25 AM
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Ken Wallentine
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Legal
Even if demanding identification wasn’t justified, officers protected from suit
A recent case follows the events of a traffic stop in which police were demanding identification from a subject who refused
October 12, 2021 11:31 AM
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Ken Wallentine
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Legal
Once again, “talk nice” carries legal weight
The court rules on an officer’s warrantless search of the subject’s vehicle during the course of a traffic stop
October 05, 2021 09:16 AM
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Ken Wallentine
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Legal
Chicken scratch citation is just fine
A defendant argues that because an officer wrote a citation by hand, it improperly extended a traffic stop
September 29, 2021 09:47 AM
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Ken Wallentine
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Legal
Proper travel-related questions lead to reasonable suspicion
An officer asks travel-related questions during a traffic stop; the court decides if the stop was unreasonably extended
September 21, 2021 10:59 AM
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Ken Wallentine
Traffic stop
Police Training
Pelvic movement, close watch on police justified frisk
Defendant Calvin Weaver asserted the Terry frisk began not when the officer touched him, but at the moment the officer ordered him to get out of the car
September 13, 2021 12:44 PM
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Ken Wallentine
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