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and again I want to know why if the Hospital policy has been in place for over a year why they decided just now to begin enforcing it.
Prove they havent...
Articles discussing this issue have stated the blood draw unit has been used by other agencies to retrieve blood samples from people involved in fatality accidents and a normal course.
In that instance Hospital policy is in violation and so are any medical personnel who follow it.
That is not an opinion - its based on law.
originally posted by: Masterjaden
a reply to: Xcathdra
It's wonderful to know that you believe that you have the authority to arrest someone whether it's legal or not you're a piece of s***
77-7-7. Force in making arrest.
If a person is being arrested and flees or forcibly resists after being informed of the intention to make the arrest, the person arresting may use reasonable force to effect the arrest. Deadly force may be used only as provided in Section 76-2-404.
76-8-305. Interference with peace officer.
(1) A person is guilty of a class B misdemeanor if the person knows, or by the exercise of reasonable care should have known, that a peace officer is seeking to effect a lawful arrest or detention of that person or another person and interferes with the arrest or detention by:
(a) use of force or any weapon;
(b) refusing to perform any act required by lawful order:
(i) necessary to effect the arrest or detention; and
(ii) made by a peace officer involved in the arrest or detention; or
(c) refusing to refrain from performing any act that would impede the arrest or detention.
(2) Recording the actions of a law enforcement officer with a camera, mobile phone, or other photographic device, while the officer is performing official duties in plain view, does not by itself constitute:
(a) interference with the officer;
(b) willful resistance;
(c) disorderly conduct; or
(d) obstruction of justice.
As has been stated, and ignored by the ignorant, a person can be charged with resisting an arrest, even if the arrest is determined to be invalid. It is a completely separate charge and is like that for good reason.
Based on the criminal violation, and the lawfulness of the search, it is fairly certain that the arrest was unlawful.
originally posted by: Xcathdra
A person cannot resist an arrest, regardless if the arrest was lawful or not. That determination is up to a judge and not a medical nurse.
“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.