posted on Aug, 23 2010 @ 12:44 PM
I dont work for Indiana so this is a guess at best. A Blood draw can be done in any Hospital or / EMS (Most states require it be someone above the
title of medical tech with the exception of a phlebotomist (all they do is blood draws for the lab). The one question that is not answered is if the
officer was injured and transported to the Hospital, and whether he was concious or unconcious. Keep in mind that medical problems that are severe
will almost always supercede a criminal investigation.
Had this been a civilian vs civilian dwi accident, the same standard is going to apply as the law enforcement incident.
To clear something up, the tech who did the draw did not work for a Law Enforcement agency. The tech worked for the Hospital. Generally speaking
anyone in a Hospital who is authorized to draw blood can do a blood draw for Law Enforcement. However some states, like Indiana we learned, has a
higher standard for a blood draw for a criminal investigaion (The law will error on the side of caution for the accused, ensuring a fair chance).
The state I work in, we can use paramedics to do the blood draw. We are still required to mirandize the driver, then we have to read them whats called
implied consent. Its along the lines of:
I have reason to beleive you were operating a vehicle in an impaiied state. I am requesting you submit to:
to determine the blood content.
If you refuse to submit to a test your lices is immidately revoked, giving you 14 days to file an appeal with the Department of Revenue (DMV/SecStates
If a person refuses to provide an answer, its automaticly assumed they are invoking their right to remain silent. Its listed as a refusal to submit to
the test and we move on from there.
As I said there are different ways this occurs, depending on totality of circumstances. (and to avoid another argument, loosing your license is not a
criminal act, its administrative, hence the ability to refuse to take a test = loss of your license - For those that want more ifo check with your
state about implied consent).
If it turns out the Law Enforcement officer who requested the blood draw purposely had someone not qualified then that officer should be nailed as
well, since they are commiting several crimes as well.
If the officers on scene acted as if it were just another dwi accident, its still possible something can get goofed, at which point its going to look
like it was done on purpose to get the cop off.
If the officer didnt act, and something goes wrong, its going to look like they were covering something up.
loose - loose.
The last officer involved shooting I was in went absolutely weird due to circumstances. We immidately requested a county supervisor respond (We were
municipal). and had their supervisor initiate the investigation to secure weapons, evidence, us, etc until our command staff could arrive decide what
they wanted to do (in the end State Police were requested and assumed jurisdiction and the investigation). My reasoning behind the request was to
ensure there are no questions about our intent, and no questions about us changin stuff around. (it was justified and the officer was cleared).
Am I saying there arent bad cops out there.. No. What I am saying is we are human and will fail and make mistakes. The one thing that annoys me though
about these forums is the ability for people who have no understanding on how the law works aside from watching law and order. People have a bad
experience with an officer, and all of a sudden all cops are crooked and evil.
I will point out that the reverse is possible also. You get pulled over by a cop, and you deal with that cop for 10-15mins. The cop on the other hand
deals with that type of incident, plus many more in their 8-10-12 hour shifts.
Sometimes humor can go a long ways. We had a State Trooper pull this guy over for speeding. As the Trooper got to the window, the driver of the car
looked at him, waved his hands in front of him while saying "this is not the car your looking for" (starwars). The trooper looked at him, says
"This isnt the car im looking for" and walked away.
All I ask is for people to consider the possibility that the law porevents us from doing something that looks like common sense to the general
population. You guys dont want us to falsey accuse you of doing something, and all we ask is the same courtesy.
and please dont get me wrong.. I am not trying to cover or condone this guys actions.
[edit on 23-8-2010 by Xcathdra]
[edit on 23-8-2010 by Xcathdra]