Ken Wallentine

Full list of Ken Wallentine results

• 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

• 'All hell breaking loose' not connected to failure to train

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  A recent 10th Circuit case highlights the high level of difficulty in proving law enforcement failure to train

• Would slowing down and conducting inventory have made this evidence admissible?

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  A recent case from the 4th Circuit applies the Gant rule, demonstrating its impact on a warrantless search incident to arrest

• Suspect's stomach fluttering supported traffic stop extension for drug dog sniff

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  The court rules on whether a deputy had reasonable suspicion to extend a traffic stop based on the suspect's behavior and state of his vehicle

• Seized – but not stopped – by a bullet

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  The Court held, "the application of physical force to the body of a person with intent to restrain is a seizure even if the person doesn't submit and isn't subdued"

• No seizure without submission: Applying the new Torres seizure doctrine

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  A seizure occurs when officers employ "physical force" or a "show of authority" that "in some way restrains the liberty" of the person

• Unwitting confidential informants provide probable cause to search

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  This case presents a novel variation on the classic controlled buy

• Qualified immunity for deputy who used suspect as a human shield in a gunfight

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  Qualified immunity is not dependent on the officer using the best tactic and when applied, does not mean the officer is immune from criticism

• 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

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