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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
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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Legal
No stop + no detention + consent = valid search
Even though the appellate court held the subject was not seized, the court noted that the troopers had reasonable suspicion to detain her on suspicion of drug trafficking
May 24, 2023 06:23 PM
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Ken Wallentine
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Legal
Collective knowledge doctrine applies to a traffic stop
Court rules that troopers had independent lawful bases to stop a defendant for a traffic violation and investigate drug trafficking based on collective knowledge doctrine
May 13, 2023 10:26 AM
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Ken Wallentine
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Legal
“Please, sir, I got a gun”
In this case, the court rules the suspect knew he had a choice and decided to speak anyway
April 30, 2023 11:25 PM
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Ken Wallentine
Police K-9 unit
K-9
Dog bite justified by fear man had a gun
The officers’ reasonable belief the subject could have been armed, coupled with his refusal to obey their commands to turn away, justified the use of the dog
April 25, 2023 08:49 PM
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Ken Wallentine
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Legal
The right to bear arms or disorderly conduct?
Surely it would be utter foolishness to ignore a person walking up to a school with a rifle slung on her back and a handgun and other items on a gun belt. Here’s what a court had to say
April 25, 2023 08:42 PM
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Ken Wallentine
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