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

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Officer Safety

Give yourself and your loved ones a gift this holiday

If you can’t be home on the holiday, do your best to carve out another day where your family gets 100% of you

December 17, 2020 11:20 AM

Ken Wallentine

Legal

Preventable false arrest defeats qualified immunity

Officers are frequently cautioned to slow down in approaching dangerous situations. Pause, take a moment to think when there is discretionary time

December 07, 2020 01:31 PM

Ken Wallentine

Legal

Body cavity search ruled reasonable based on CI credibility

The trial court ruled there may not have been probable cause, but if there was not, the good faith exception applied to save the search

November 27, 2020 11:23 AM

Ken Wallentine

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Legal

Second shot after clearing weapon leads to liability

This case might present a good training scenario to reinforce the task of assessing the existence of an immediate threat

November 11, 2020 01:57 PM

Ken Wallentine

Use of Force

Too close for safety: Qualified immunity granted within zone of imminent danger

Where discretionary time and tactical circumstances permit, giving a warning before using force is essential

November 02, 2020 04:28 PM

Ken Wallentine

Legal

‘Grossly disproportionate force’ precludes qualified immunity

This case reminds officers to slow down, step back and consider alternatives, and not let anyone push your buttons

October 05, 2020 05:07 PM

Ken Wallentine

Legal

Welfare check results in officer stabbed and suspect shot

The suspect’s mother sued the officers and the department, arguing the officers precipitated the force by their approach to the welfare check

September 21, 2020 01:39 PM

Ken Wallentine

Use of Force

Struggle in car leads to deadly officer-involved shooting

Court decisions have held it is reasonable for officers to use deadly force to end a pursuit if a suspect engages in dangerous prior conduct or there is objective evidence of the driver’s intent to harm officers

August 26, 2020 08:43 PM

Ken Wallentine

SWAT

Justifying a no-knock entry

A court’s opinion recites critical factors for officers who request and serve a no-knock warrant

August 18, 2020 12:45 PM

Ken Wallentine

Legal

Smile, you’re on candid smoke detector

The court concluded officers had lawfully used a hidden camera to record what they could have seen from the publicly accessible hallway

August 12, 2020 02:07 PM

Ken Wallentine