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

Police: License and Registration Please

Legal

Driver’s license was legitimate target of vehicle search

In U.S. v. Pinder, the 10th Circuit questioned a car search and discovery of evidence under the search-incident-to-arrest doctrine

May 01, 2025 11:09 AM

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Abandoned Trailer Home with Snow

Legal

Warrantless entry not justified by reports of death

In United States v. Giambro, the 1st Circuit ruled officers unlawfully entered a home without a warrant under the emergency aid doctrine

April 25, 2025 09:47 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 a thumbprint to unlock phone violated Fifth Amendment

The D.C. Circuit ruled in U.S. v. Brown that forcing a suspect to unlock a phone with a thumbprint violates the Fifth Amendment

April 21, 2025 01:53 PM

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Police Swat Team at Work

Legal

The best laid plan went a little haywire

The 8th Circuit upheld officers’ use of force in Aden v. City of Bloomington, citing Graham factors and qualified immunity

April 14, 2025 11:29 AM

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manual worker with hammer

Legal

Emergency aid or overreach? Court affirms warrantless entry and deadly force

In Dimock v. City of Brooklyn Center, the court ruled warrantless entry and deadly force was lawful, citing exigent circumstances doctrine

April 07, 2025 10:54 AM

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Old brick apartment building with a column of balconies

Legal

Gunshots and bullet hole justify warrantless entry

In U.S. v. Turner, officers conducted a lawful warrantless protective sweep after exigent circumstances linked to a reported gunshot

April 07, 2025 10:38 AM

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Officer on traffic stop cu (1).JPG

Legal

Vehicle search was valid, but why?

In U.S. v. Turner, the court examines how the search incident to arrest doctrine and automobile exception justify vehicle searches

March 13, 2025 12:56 PM

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Truck driver man

Legal

Frisk of a sleeping truck driver leads to admissible evidence

The 8th Circuit ruled in U.S. v. Hamber that an officer lawfully extended a stop to frisk a sleeping driver in a high-crime area

March 04, 2025 11:23 AM

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Close up on man hand using mobile phone

Legal

Improper distribution of nude images of arrestee

The 9th Circuit ruled in Olson v. Grant County that the sharing of an arrestee’s intimate images violated the Fourth Amendment

March 04, 2025 11:15 AM

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Team of EMS Paramedics React Quick to Provide Medical Help to Injured Patient and Get Him in Ambulance on a Stretcher. Emergency Care Assistants Arrived on the Scene of a Traffic Accident on a Street.

Legal

Never hesitate to wake up the paramedics

In Stapleton v. Lozano, the 5th Circuit ruled officers were not deliberately indifferent after a drug user died in custody

February 13, 2025 12:11 PM

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