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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
Beware of Dog Sign
Legal
Lukewarm pursuit did not justify warrantless entry
Circuit court ruled 20-minute delay nullified the hot pursuit exception, making officers’ warrantless entry into a backyard unlawful
October 03, 2025 01:04 PM
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Ken Wallentine
A bathroom toilet stall with an out of order sign on the door
Legal
No expectation of privacy in broken bathroom
Suspect had no reasonable expectation of privacy in an unlocked, out-of-order public restroom, upholding search as valid
October 03, 2025 12:53 PM
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Ken Wallentine
night time in Mission district, San Francisco, California
Legal
Sticking to department vehicle inventory policy leads to drug and gun conviction
The 10th Circuit upheld a drug and gun conviction, ruling officers lawfully impounded a vehicle and conducted an inventory search
September 24, 2025 11:41 AM
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Ken Wallentine
Line up mugshot template with lighting effect. Background for burglar profile. Police inches height chart for photoshoot of wanted, arrested or suspected person identification. Vector illustration
Legal
Following proper photo lineup policy leads to admissible evidence and conviction
The 6th Circuit upheld a man’s carjacking conviction, ruling a police photo lineup was not unduly suggestive
September 24, 2025 11:13 AM
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Ken Wallentine
illuminated neon motel sign red letters dark blue sky
Legal
We catch the dumb ones and the really evil ones
Court upheld a 15-year sentence after ruling a defendant who claimed he was “saving” minors targeted in a child sex sting
September 19, 2025 01:30 PM
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Ken Wallentine
gun hidden in bed
Legal
When ‘talk nice, think mean’ isn’t enough; courtesy doesn’t fix ‘warrants’ ambiguity
In U.S. v. Glover, the D.C. Circuit ruled ambiguous references to “warrants” may have led to involuntary consent for a home search
September 12, 2025 01:02 PM
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Ken Wallentine
Car on asphalt road in summer
Legal
Officers didn’t trespass on the curtilage during driveway stop
In United States v. Moses, the 3rd Circuit ruled a police officer did not violate the Fourth Amendment by walking onto a driveway
September 12, 2025 12:51 PM
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Ken Wallentine
A black African-American man delivering a new mattress
Legal
Lifting mattress during protective sweep was not OK
In U.S. v. Walker, the 7th Circuit ruled a lifted mattress was unjustified under the protective sweep doctrine exemption in Maryland v. Buie
September 05, 2025 11:08 AM
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Ken Wallentine
Hooded man standing on sidewalk at dark park in summer black night. Scary moment and gloomy atmosphere. Thief watching house. Back view.
Legal
Backyard gunfight, front yard shooting: No excessive force in deputies’ split-second decision
The 11th Circuit ruled deputies did not use excessive force in shooting Joseph Heid, who shot at officers during a domestic violence call
August 29, 2025 10:11 AM
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Ken Wallentine
Disabled Parking Permit
Legal
Creative trooper’s traffic stop was lawfully extended
The 8th Circuit upheld an extended traffic stop and cell phone seizure, affirming the trooper’s actions did not violate the suspect’s rights
August 22, 2025 01:45 PM
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Ken Wallentine
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