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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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Command Staff - Chiefs / Sheriffs
Responding to changes in law enforcement
It is our job, our oath, our promise to police a diverse society with equity
July 09, 2020 01:16 AM
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Ken Wallentine
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Legal
Air freshener leads to gun arrest
An officer’s objectively reasonable mistake of law can provide reasonable suspicion for a seizure
July 07, 2020 02:21 PM
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Ken Wallentine
Use of Force
No qualified immunity for shooting prone suspect in the back
“By shooting an incapacitated, injured person who was not moving, and who was laying on his knife, the police officers crossed a ‘bright line’ and can be held liable.”
June 29, 2020 11:22 PM
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Ken Wallentine
Legal
Chris Rock guest appearance in training didn’t amuse the court
This case is an urgent reminder for agencies to scrutinize their use of force policies, training materials and review procedures
June 26, 2020 10:14 AM
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Ken Wallentine
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Legal
Moody’s ‘meth show’ wins life sentences
The message in this case is to always check for mobile phone and YouTube video recordings of stupid suspects self-incriminating
June 22, 2020 01:10 PM
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Ken Wallentine
License Plate Readers
Automated license plate reader information leads to mail ‘fishing’ suspect
The court’s holding in this case is very narrow: A person driving a rental car beyond the rental period who is on notice does not have an expectation of privacy in the car’s location
June 02, 2020 11:42 PM
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Ken Wallentine
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Legal
Admission of drugs supports reasonable extension of traffic stop
While the arrival of a drug detector team was fortuitous in this case, the critical factor was that the trooper performed the business of the traffic stop in good order
May 20, 2020 11:12 AM
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Ken Wallentine
Legal
Unlawful entry or police community caretaking?
The community caretaking doctrine requires the court to balance individual privacy interests and the need for the caretaking activity
May 05, 2020 09:03 AM
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Ken Wallentine
Law Enforcement Policies
Lack of written policy invalidates vehicle inventory searches
Best practices and numerous court admonishments prescribe that an agency has a written vehicle inventory policy.
April 28, 2020 11:43 PM
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Ken Wallentine
Legal
Report of gunshots justifies stop
The officer’s ability to observe, articulate and report each separate factor and tie them together with his experience is what made the difference in this case
April 22, 2020 12:13 AM
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Ken Wallentine
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