Ken Wallentine

Full list of Ken Wallentine results

• Plain view pipe was suspect's downfall

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  Assessing the totality of the circumstances, a court holds the plain view exception applied and the officers' search of a vehicle was lawful

• Violating the 3-second following rule leads to 4 years in prison

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  The court restated the well-established law that an officer’s observance of a traffic violation, no matter how minor, gives the officer probable cause to initiate a stop

• K9 warnings may (or may not) be a good idea

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  The court noted the “vast difference” between providing a warning before releasing a dog to search off-lead and not giving a warning while searching with a leashed dog

• Girlfriend’s consent to search of 'man bag' leads to charges

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  As long as an officer has a good-faith belief that the person has authority to consent, the consent will be upheld in court.

• This is cyberstalking. Any questions?

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  Investigation of cyberstalking, or any stalking based on communications, should start with a visit to the appropriate prosecutor for guidance on the constitutional guardrails

• Reporting reasonable suspicion factors supports frisk

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  Remember that it isn’t enough to do the right thing; an officer must also thoroughly document the reason for doing the right thing

• Flight from crashed car created probable cause for arrest

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  The court rules a suspect effectively resisted arrest by fleeing

• Following inventory policy saves search

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  It was the officers’ adherence to policy that led to a successful prosecution

• Pretending to have a gun leads to being shot with a real gun

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  Appellate court concludes that the evidence plainly showed the officers subjectively believed the suspect had a gun

• 'Maximum resistor' maneuver

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  Court rules on whether an ankle-crossing restraint tactic contributed to a subject's death

• Raise your hand(s) if you’d like to be frisked

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  After being charged with possession of methamphetamine, an arrestee claims he had been unlawfully searched but the court did not agree

• Policy violation does not equal constitutional violation

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  The court highlights the differences in a policy violation vs. a constitutional violation in a case involving a jail suicide

• Traffic stop extended, but detention was lawful

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  The court determines if law enforcement completed a lawful detention though the traffic stop was extended

• Text messages, vehicle search result in conviction for sexual predator

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  A sting operation catches an internet predator and the court determines the admissibility of the evidence

• Third frisk of underwear finally revealed the gun

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  The court rules that evidence discovered in a third pat-down search over the course of a traffic stop is admissible

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