Author: Chief Ken Wallentine

KEN WALLENTINE is police chief of the West Jordan (Utah) Police Department and former chief of law enforcement for the Utah attorney general. He has served over three decades in public safety, is a legal expert and editor of Xiphos, a monthly national criminal procedure newsletter. Wallentine 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.

Unauthorized Driver May Be Able to Contest Search of Trunk

Unauthorized Driver May Be Able to Contest Search of Trunk

[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Byrd v. United States, (2018) Terrence Byrd asked his former girlfriend, Latasha Reed, to rent a car for him. Reed signed a contract certifying she had a valid driver...

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Accessing Playpen Site Provided Probable Cause to Search House

Accessing Playpen Site Provided Probable Cause to Search House

[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]United States v. Tagg, 886 F.3d 579 (6th Cir. 2018) Officers executed a search warrant for illegal child pornography at Derek Tagg’s residence. At the residence, officers...

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Bursting Bladder Doesn’t Render Breath Test Involuntary

Bursting Bladder Doesn’t Render Breath Test Involuntary

[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Motor Vehicle Administration v. Smith, (Md. App. 2018) An officer stopped Megan Smith at 0200 for driving without headlights. As the officer spoke to Smith, he detected an...

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Abuse of Electronic Stun Belt Results in Conviction Reversal

Abuse of Electronic Stun Belt Results in Conviction Reversal

[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Morris v. State, (Tex. App., 8th Dist., 2018) Terry Lee Morris was dating the mother of a 15-year-old girl. When Morris and his girlfriend broke up, Morris reached out to...

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Police Officers Weigh in on Ways to Prevent School Shootings

Police Officers Weigh in on Ways to Prevent School Shootings

[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]In the February issue of my legal e-newsletter, Xiphos, I asked for your thoughts on meeting the challenge of school shootings. Thanks to the officers who sent thoughtful...

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Trash Pull Within Curtilage Still Fair Game

Trash Pull Within Curtilage Still Fair Game

[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]United States v. Thompson, 881 F.3d 629 (8th Cir. 2018) Police received an anonymous tip that James Thompson was dealing illegal drugs. After a drive-by, officers contacted...

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