When she got on the phone all she said was 'we fixing to bust one of your nurses,'" Bien-Aime said.
reply to post by gladtobehere
Sorry on this one. The Nurse really didn't have authority to stop, delay or hinder the officers. There is no "Wait, I have to call my supervisor to see if you can do that" kind of conversation. If the officers are there to apprehend someone, you can't block them without obstructing. You can't stop an LEO from trying to apprehend someone, it doesn't work that way.
I have seen hospital personnel somehow think they are above Police jurisdiction in situations like this literally over a dozen times. I kid you not. The Hospitals think that they have to give permission for LEO to do things, they don't.
The LEO's in the video were heavy handed, but the moral of the story is you don't obstruct them. There is more to the story I am pretty sure as the police report states the nurse saying "This is an injustice" and "Oh no, this is not happening while she is in charge" , before running behind and locking the half door (not a smart more). I am all for knowing your rights and fighting for them, but you first need to know what the law is. Obstructing a LEO from performing their duties isn't one of those. You do it at your own risk.
Say what you will about the Police Reaction, she obstructed. She didn't have a right to do that.
I work in a field that deals with a lot of personal information, much like the information in a hospital, and there are clearly defined procedures for dealing with situations involving law enforcement. Most of the time the procedure is to not release any information, or allow any access, without someone from the legal team on hand. You can get sued in a heartbeat for allowing anyone access to anything they shouldn't have access to, cop or not.
Art. 15.01. WARRANT OF ARREST. A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
reply to post by thisguyrighthere
Your only right is to...
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
She had every right. She is responsible for the therapeutic environment of her patients.
bigfatfurrytexan She has Federal laws to consider, which the police obviously are oblivious to while they shoved their way through and forced themselves onto her. What kind of ward were they trying to enter? Was it mental? Is there a patients rights issue to consider with a possible patient there? What about HIPPA? What about them having guns? Having worked in a mental hospital, I can guarantee you that police are not allowed onto a locked unit with their firearm.
I didn't say there was a law against it, it's just a matter of policy that we always observe in jails and can observe in mental facilities. A couple of years ago, a mental patient in a private facility got hold of some sort of metal rod from a door and attacked a staff member, causing some serious injuries. They called the police, but when the police got there, the staff said they couldn't enter armed. The police told them they would either enter armed or leave. They were allowed entry and ended up killing the patient who had gone completely berserk. Had they not been armed, who knows what would have happened?
For a while, one regular hospital decided that guns wouldn't be allowed in their ER. At the time, it was located outside the city limits and I assume the county honored that. I got a call to it one night to take a report of something that happened in the city and they told me I had to disarm. There is no way on God's green earth that I'm going to walk around a hospital ER in uniform with no gun. I'm not a fanatic about guns, but there's a limit to my good nature. I told the receptionist, the nurse and then the doc that I wasn't coming in and the patient could call the police when they were released.
I went on to tell them that if it were a suspect in their ER, there would take a lot of staff to stop me and as many officers as required. I don't know what happened after that, but after we annexed that area, they no longer had the policy.
“First, staff in the ward tries to control the situation. If they feel it’s past their ability, they call OHSU’s public safety force,” he said.
And all have policies that ask police to check their weapons at the door for routine visits, such as patient drop-offs.
However, in a crisis situation, they say police are allowed to bring weapons in. “We have no control over whether guns are brought onto the unit,” said Tracy Barnett, spokeswoman for Legacy Hospital, which has three facilities with beds reserved for psychiatric patients: Legacy Adventist, Legacy Emanual and Legacy Good Samaritan. “Once they get here, they are to respond as they do to any of their calls.”