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.

Evidence Admitted After Unlawful Detention Leads to Discovery of Arrest Warrant

Swiping a Credit Card Was Not an Unconstitutional Search

[vc_section css=".vc_custom_1540328728009{padding-top: 3em !important;padding-bottom: 3em !important;}" el_class="container"]An officer stopped DE L’Isle for following too closely to a large truck. The officer smelled burnt marijuana and saw air fresheners inside DE...

read more
DUI Arrest Justifies Warrantless Search of Car

DUI Arrest Justifies Warrantless Search of Car

[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Taylor v. State, (Md. 2016) An officer stopped Taylor for speeding and blowing a stop sign. The officer smelled alcohol on Taylor’s breath and body, saw Taylor’s bloodshot...

read more
Search Warrant for Home Included Car on “Premises”

Search Warrant for Home Included Car on “Premises”

[vc_section css=".vc_custom_1540328728009{padding-top: 3em !important;padding-bottom: 3em !important;}" el_class="container"]In recent articles (see here, here and here) I’ve discussed some of the issues around curtilage. Curtilage is that invisible legal boundary...

read more

Arrest Warrant vs. Search Warrant: Which Do You Need and When?

[vc_section css=".vc_custom_1540328728009{padding-top: 3em !important;padding-bottom: 3em !important;}" el_class="container"]When seeking to apprehend a suspect at a third party’s home, officers need both an arrest warrant and a search warrant. On the other hand, if...

read more
Historical CSLI Does Not Require Probable Cause Showing

Historical CSLI Does Not Require Probable Cause Showing

[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Pearson brought a bag of marijuana to the home of his girlfriend’s mother. Two men came to the home and spoke with Pearson. Pearson placed the bag of marijuana on the table...

read more
Detector Dog Sniff in Common Hallway Violates Jardines Holding

Detector Dog Sniff in Common Hallway Violates Jardines Holding

[vc_section css=".vc_custom_1540328728009{padding-top: 3em !important;padding-bottom: 3em !important;}" el_class="container"]A confidential informant told detectives about drug dealing at an apartment building. The informant said that the dealer drove a black Cadillac...

read more
Beware “Cut and Paste” When Preparing a Warrant

Beware “Cut and Paste” When Preparing a Warrant

[vc_section css=".vc_custom_1540328728009{padding-top: 3em !important;padding-bottom: 3em !important;}" el_class="container"]Every investigator does it: preparing a search warrant by including some paragraphs recycled from a previous warrant. For some of us, that...

read more