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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
Who controls the rental car?
The lesson of both this case and the Byrd decision is that officers should ask any suspect who is not named in the contract about their control and authority to operate the car.
October 02, 2023 07:07 PM
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Ken Wallentine
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Legal
Heavy fanny pack, oddly carried, justified frisk
This case encourages officers to accurately and painstakingly report all factors relied upon to conclude there was reasonable suspicion to detain and reasonable suspicion to frisk
October 02, 2023 06:01 PM
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Ken Wallentine
Legal
Questionable entry and dubious arrest defeat qualified immunity
The appellate court decides whether an officer’s entry into the curtilage of a home was unlawful in a recent case
September 26, 2023 01:26 PM
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Ken Wallentine
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Legal
Qualified immunity for shooting dog
Court rules that the behavior of the dog, and the subject’s failure to control the dog, could lead a reasonable officer to perceive the dog as an imminent threat
September 07, 2023 10:00 PM
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Ken Wallentine
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Legal
Former officer Tou Thao’s conviction upheld in appeals court: A deep dive into the failure to intervene in George Floyd’s death
Convictions on the criminal charge of failure to intervene should reverberate in every police agency across the nation
August 31, 2023 11:49 PM
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Ken Wallentine
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Legal
Qualified immunity appropriate for shooting lasting 2 seconds
The court determines whether to grant officers qualified immunity for allegations of excessive force
August 02, 2023 09:09 AM
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Ken Wallentine
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Legal
When the right to counsel kicks in
When does the Sixth Amendment right to counsel attach? The court rules on when the right to counsel was implicated in a recent case
July 19, 2023 09:08 AM
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Ken Wallentine
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Legal
Collect all evidence, let the lawyers sort it out
A recent case demonstrates how evidence collection, whether it shows innocence or guilt, is essential for law enforcement investigators
June 29, 2023 09:49 AM
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Ken Wallentine
Legal
Jacket tossed onto (not into) a garbage can was not abandoned
Police conducted a warrantless search of the suspect’s property; the question before the court: Was the property abandoned?
June 13, 2023 11:38 AM
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Ken Wallentine
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Legal
Careful questions piece together reasonable suspicion
The court determines if a traffic stop was lawfully (or unlawfully) prolonged and if the evidence discovered is admissible
June 09, 2023 10:09 AM
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Ken Wallentine
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