Ken Wallentine

Full list of Ken Wallentine results

• With 2 rulings, SCOTUS rebukes lower courts and doubles down on qualified immunity guidance

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  If there is any clearly established Supreme Court precedent, it is that the Court believes lower courts continue to misconstrue Supreme Court direction on qualified immunity

• Drug dog sniff of storage unit wasn't a search

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  Is the threshold of a storage unit within curtilage under the Fourth Amendment? The court decides in this recent case

• Even if demanding identification wasn't justified, officers protected from suit

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  A recent case follows the events of a traffic stop in which police were demanding identification from a subject who refused

• Once again, "talk nice" carries legal weight

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  The court rules on an officer's warrantless search of the subject's vehicle during the course of a traffic stop

• Chicken scratch citation is just fine

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  A defendant argues that because an officer wrote a citation by hand, it improperly extended a traffic stop

• Proper travel-related questions lead to reasonable suspicion

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  An officer asks travel-related questions during a traffic stop; the court decides if the stop was unreasonably extended

• Pelvic movement, close watch on police justified frisk

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  Defendant Calvin Weaver asserted the Terry frisk began not when the officer touched him, but at the moment the officer ordered him to get out of the car

• Sleeping beauty awakened by prince of a police dog

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  The case of Anthony Caldwell shows a search need not occur contemporaneously with a seizure

• Talk nice, think mean, seize child pornography, secure conviction

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  The Fifth Circuit weighs the factors for determining whether a consent to a search of a suspect's laptop was voluntary

• Case remanded: Handcuff injury ruled excessive force?

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  Will the alleged handcuff injury be ruled excessive force? The court of appeals remanded the case to the trial court to find out

• Detention of man with AR-15 walking toward school was lawful

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  The court noted that, given the mass murder at Marjory Stoneman Douglas High School, "any reasonable officer [would] be on heightened alert for copycat crimes"

• Asking, 'Anything illegal in the car?' leads to admissible evidence

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  The court explains the duration of a traffic stop depends on the mission of the stop, making the officer's actions in this case reasonable

• Supreme Court limits warrantless entries in hot pursuit

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  Courts commonly cite risks of imminent injury, potential escape of the fleeing suspect and destruction of evidence as exigencies supporting warrantless entry

• 'No, I don't know how the gun safe under my shirt got there'

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  The court determines if officers had reasonable suspicion of a traffic violation in this drug interdiction case

• Speeding ticket leads to heroin bust

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  The court decides if investigators had a reasonable basis for the search warrant, establishing probable cause

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