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

Busted by his cellphone

In U.S. v. Chatrie, the 4th Circuit upheld geofence warrant data linking Chatrie to a robbery, ruling it didn’t violate the 4th Amendment

August 27, 2024 09:59 AM

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lights-police-car

Use of Force

It takes time to start force, it takes time to stop force

When an officer has “sufficient time to comprehend that a suspect was subdued,” continued force is unreasonable, but officers are given leeway to assess the threat level

August 17, 2024 04:05 AM

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Police car and bullet holes in glass

Officer-Involved Shootings

Qualified immunity for gunshots that hit innocent passenger

The court ruled the officers’ use of force, aimed at stopping an armed driver who had shot a police K-9 and his handler, was not excessive

August 17, 2024 03:54 AM

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Fingerprint scanner on the phone screen. Touch screen smartphone with a zone to touch the human finger, to unlock the device.

Legal

Compelling thumbprint to unlock phone was lawful (but not always)

A parolee asked the trial court to suppress the evidence, arguing the search of his phone and house violated his Fourth and Fifth Amendment rights

June 25, 2024 12:15 PM

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Traffic stop

Legal

Small clues add up to reasonable suspicion

Based on the “totality of the circumstances,” the officer had reasonable suspicion to extend the traffic stop in a drug courier case

June 25, 2024 12:02 PM

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police lights night traffic stop road

Legal

If a suspect can talk, does that mean he’s breathing?

Let’s be clear, the myth that talking equals breathing has been debunked over and over again

June 20, 2024 09:51 PM

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Legal

Officer-created danger theory lives on

Parents sue for excessive force based on “officer-created danger,” but qualified immunity granted based on suspect’s manifest intentions

June 13, 2024 02:48 PM

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police lights night traffic stop road

Legal

Officers let highly intoxicated driver slide

After making a citizen’s arrest of a drunk motorist, an Uber driver (and former cop) is arrested and charged with impersonating a police officer

June 13, 2024 02:20 PM

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Use of Force

Qualified immunity for TASER probe to the head

The appellate court began by citing other cases in which the court “held that it’s reasonable for officers to tase fleeing suspects”

April 22, 2024 05:07 PM

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back door

Legal

Measure twice, flash bang once: SWAT gets it right on the 3rd try (sort of)

A SWAT team executed a no-knock warrant on the wrong house, resulting in the injury of an occupant and a lawsuit

April 15, 2024 02:57 PM

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