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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
Legal
‘All hell breaking loose’ not connected to failure to train
A recent 10th Circuit case highlights the high level of difficulty in proving law enforcement failure to train
June 15, 2021 08:16 AM
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Ken Wallentine
gant-rule-impact-on-warrantless-search.jpg
Legal
Would slowing down and conducting inventory have made this evidence admissible?
A recent case from the 4th Circuit applies the Gant rule, demonstrating its impact on a warrantless search incident to arrest
June 10, 2021 02:23 PM
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Ken Wallentine
reasonable-suspicion-to-extend-traffic-stop.jpg
Legal
Suspect’s stomach fluttering supported traffic stop extension for drug dog sniff
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
May 31, 2021 05:57 PM
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Ken Wallentine
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Legal
Seized – but not stopped – by a bullet
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”
May 25, 2021 08:54 AM
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Ken Wallentine
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Legal
No seizure without submission: Applying the new Torres seizure doctrine
A seizure occurs when officers employ “physical force” or a “show of authority” that “in some way restrains the liberty” of the person
May 14, 2021 09:12 AM
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Ken Wallentine
determining-probable-cause-to-search.jpg
Legal
Unwitting confidential informants provide probable cause to search
This case presents a novel variation on the classic controlled buy
May 13, 2021 09:42 AM
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Ken Wallentine
Legal
Qualified immunity for deputy who used suspect as a human shield in a gunfight
Qualified immunity is not dependent on the officer using the best tactic and when applied, does not mean the officer is immune from criticism
May 01, 2021 08:11 PM
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Ken Wallentine
Police-K9-Use-of-Force.jpg
Legal
K-9 deployment and bite duration were proper
The plaintiff claimed both the initial deployment of the police dog and the duration of the bite violated clearly established law
April 12, 2021 12:38 PM
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Ken Wallentine
Welfare-Check-Leads-to-Search-and-Seizure.jpg
Legal
Welfare check leads to valid frisk and seizure of gun
The initial contact was in response to the welfare check, and the deputy’s actions were reasonably related to community caretaking
April 07, 2021 12:46 PM
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Ken Wallentine
Common-Law-Trespass-for-Police-Opening-Car-Door.jpg
Legal
No-knock door opening with passed out driver
Officers should consider taking an extra moment to knock on the window or door of a passed-out driver
March 29, 2021 12:11 PM
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Ken Wallentine
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