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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
Case points to critical need for policy guiding carrying of weapons off duty
Though the chief and the county were not held liable, this case points to the critical need for policy guiding carrying of weapons off duty
March 29, 2020 07:03 PM
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Ken Wallentine
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Firearms
City not compelled to issue LEOSA card
Although LEOSA was written with the intent to allow active and retired officers broad powers to carry firearms nationwide, many legal issues remain unresolved
March 01, 2020 12:00 PM
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Ken Wallentine
Legal
Officers not liable in shoplifter’s death
The court cited several actions by officers that showed they were conceivably trying to mitigate a suspect’s discomfort and breathing difficulty
January 30, 2020 11:54 AM
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Ken Wallentine
Legal
Court grants qualified immunity for use of force to subdue ketamine-induced violence
A suspect pled guilty to attacking officers for nearly two hours, then claimed they were not justified in the use of force to arrest and control him
December 18, 2019 07:03 PM
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Ken Wallentine
Legal
Reasonable suspicion required to conduct a visual body cavity search
Both strip searches and visual body cavity searches incident to arrest must be supported by a reasonable suspicion the suspect is concealing contraband
December 18, 2019 06:56 PM
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Ken Wallentine
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Legal
Justifying a no-knock entry
Officers must ensure the stated basis for a no-knock entry is included in both the affidavit and the warrant
November 22, 2019 07:19 PM
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Ken Wallentine
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Use of Force
First and last use of force reasonable, but what about the force in between?
This case is a reminder that when practicable, officers should allow time for a subject to comply with commands
November 12, 2019 09:42 PM
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Ken Wallentine
Legal
Broken faith: Former cop spends 13 years locked up due to bungling prosecutor and lying witness
Lie about evidence, mislead the court and cause a miscarriage of justice, and monetary damages may follow
November 01, 2019 01:12 PM
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Ken Wallentine
Legal
Court rules parking lot strip search unlawful
A suspect sued officers for civil conspiracy, excessive force and performing an unreasonable search after being searched in a public parking lot
October 22, 2019 02:53 PM
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Ken Wallentine
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Legal
Another case of tight handcuffs leading to potential liability
Documenting proper application of handcuffs, double-locking and checking for proper fit are some of the easiest risk management steps in policing
October 06, 2019 04:51 AM
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Ken Wallentine
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