Ken Wallentine

Full list of Ken Wallentine results

• K-9 deployment and bite duration were proper

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  The plaintiff claimed both the initial deployment of the police dog and the duration of the bite violated clearly established law

• Welfare check leads to valid frisk and seizure of gun

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  The initial contact was in response to the welfare check, and the deputy’s actions were reasonably related to community caretaking

• No-knock door opening with passed out driver

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  Officers should consider taking an extra moment to knock on the window or door of a passed-out driver

• Inventory policy violation leads to suppression of gun

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  One can easily relate to the deputies’ desire to seize the gun after a short, dangerous pursuit

• Suppression follows weak affidavits

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  Could the affidavits have been written in such a way as to establish probable cause to search for digital images?

• Officer not entitled to qualified immunity for shooting into car

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  Many departments strongly discourage shooting at moving vehicles to disable the car

• Child pornography landed lawfully in police hands

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  The Fourth Amendment prohibits unreasonable searches and seizures by the government. The defendant claimed his friend was acting as a government agent because he intended to assist the police

• 'Dude, that fentanyl brick isn’t mine!'

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  Court concludes a combination of factors led officers to believe a suspect and a driver were in a “common enterprise” to possess fentanyl

• Flying the finger leads to a traffic stop, then a lawsuit

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  Here’s the thing to remember: It is well-established law that a person can lawfully flip the bird at an officer

• Interference with man recording police rewarded with lawsuit

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  Although the public has a general right to observe and record police, that right is not unlimited

• There's no such thing as a free lunch, but what about free speech for officers?

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  A recent case illustrates the legal test for assessing a department's ability to discipline an officer on the basis of personal social media posts

• Reasonable response, even if not perfect, entitles officers to judgement

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  The court framed its task as determining not whether officers used best police practices but whether they violated the subject's rights under the Fourth Amendment

• Opening car door invalidates stop and leads to suppression

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  Opening the door and entering the vehicle exposes more of the vehicle to view and impermissibly intrudes on the driver’s privacy expectation

• Give yourself and your loved ones a gift this holiday

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  If you can’t be home on the holiday, do your best to carve out another day where your family gets 100% of you

• Preventable false arrest defeats qualified immunity

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  Officers are frequently cautioned to slow down in approaching dangerous situations. Pause, take a moment to think when there is discretionary time

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