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

Legal

No custody from polite questioning in a public place

The appellate court held that the suspect, while not free to leave, was not in custody when an officer first questioned him in the park

February 25, 2023 10:35 AM

Ken Wallentine

Legal

Mean thoughts without wrongful actions don’t violate the Fourth Amendment

An action that may be perceived as “mean,” yet doesn’t violate a clearly established constitutional right, will not lead to liability for an officer

February 10, 2023 03:17 PM

Ken Wallentine

Legal

Shine on: Spotlight use doesn’t create detention

More than the use of a spotlight, what the officer didn’t do weighed against creating a detention

January 30, 2023 10:10 AM

Ken Wallentine

Legal

Delayed arrest for misdemeanor committed in officers’ presence

The best practice: Avoid a custodial arrest for misdemeanors not committed in the officer’s presence

January 19, 2023 10:15 AM

Ken Wallentine

Legal

Facebook post leads to job faceplant

A citizen questions whether an officer who publicly criticizes the sheriff and his deputies could work effectively alongside them

January 09, 2023 04:48 PM

Ken Wallentine

Traffic Enforcement, Highway Patrol

Limited English proficiency and DUI warnings

We live in a society that is more mobile and diverse than ever. Officers should learn what language resources are available before the need arises

December 20, 2022 01:32 PM

Ken Wallentine

Legal

Reasonable suspicion doesn’t mean beyond a reasonable doubt

In this case, the suspect argued that, “The stop of the vehicle was improper because the officer made a mistake of law that the vehicle was stolen.”

December 06, 2022 09:24 AM

Ken Wallentine

Police Training

No Monell liability for TASER device use and policy

Raising a Monell claim is one way plaintiffs try to get at the purse of the government agency in the role as the officer’s employer, supervisor and policy-maker

November 24, 2022 01:56 PM

Ken Wallentine

Legal

‘Clearly established’ requirement isn’t just a technicality

A recent case highlights the importance of “clearly established” law at the time of law enforcement-civilian interactions

November 22, 2022 03:51 PM

Ken Wallentine

Legal

Following inventory policy leads to admissibility of gun evidence

A suspect challenged the validity of the underlying arrest warrants, but the court held the officers had a good faith basis to rely on the information about the warrants

November 13, 2022 07:45 PM

Ken Wallentine