Nurse forcibly arrested for not allowing cop to draw blood of unconscious patient(Video)

a reply to: Masterjaden

Are you responding to me or Amptah?

a reply to: Masterjaden

and the 4th amendment has clearly established exceptions based on situation.

Ahem.

Birchfield v. North Dakota (SCOTUS)

Held:

1. The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests.

(e) Because the impact of breath tests on privacy is slight, and the need for BAC testing is great, the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving. Blood tests, however, are significantly more intrusive, and their reasonableness must be judged in light of the availability of the less invasive alternative of a breath test. Respondents have offered no satisfactory justification for demanding the more intrusive alternative without a warrant.

a reply to: loam

These excerpts show that this police department has more problems than they may be willing to admit.

originally posted by: Soloprotocol
Hypothetical question, Do you have a right to resist arrest in these type of scenarios?.

www.constitution.org...“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.”

a reply to: dreamingawake

What a disgusting human being the cop is. The nurse was calmly explaining why the LAW wouldn't allow her to draw blood from the person in question. The cop gets upset then just attacks her.

Police officers should be required to carry liability insurance for situations like this, hold them accountable and prevent the Taxpayers from having to pay for the fallout from such situations.

Doctors are required to carry medical malpractice insurance, why the hell shouldn't a police officer be required to have similar insurance? They mess up, their premium goes up. They are held accountable for their actions this way.

But instead, certain police officers do this, the others protect them and it makes them all look bad.

a reply to: Liquesence

Ahem.

1. The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests. Pp. 2172-2186.

(a) Taking a blood sample or administering a breath test is a search governed by the Fourth Amendment. See Skinner v. Railway Labor Executives' Assn., 489 U.S. 602, 616-617, 109 S.Ct. 1402, 103 L.Ed.2d 639; Schmerber v. California, 384 U.S. 757, 767-768, 86 S.Ct. 1826, 16 L.Ed.2d 908. These searches may nevertheless be exempt from the warrant requirement if they fall within, as relevant here, the exception for searches conducted incident to a lawful arrest. This exception applies categorically, rather than on a case-by-case basis. Missouri v. McNeely, 569 U.S. ___, ___, n. 3, 133 S.Ct. 1552, 1559, n. 3, 185 L.Ed.2d 696. Pp. 2173-2174.

e.g., where substances other than alcohol impair the driver's ability to operate a car safely, or where the subject is unconscious — nothing prevents the police from seeking a warrant or from relying on the exigent circumstances exception if it applies.

we need to have more info as to what was going on that the police needed his blood. Secondly as I state commercial truck drivers fall within their own category with their own rules / laws as defined by the federal government.

Some interesting discussion since yesterday, but the fact remains that the hospital has an agreement with local LE, which is designed to protect the patient's rights.

The patient did not meet the agreed-upon requirements for a blood draw. The officer should have stepped back and examined options other than bullying the nurse who was following protocol and protecting the patient's rights.

a reply to: Xcathdra

Amendments be darned, that so-called excuse for a Police should have been tackled to the ground and restrained, then arrested and prosecuted for interfering with and assaulting a member of medical staff. Could probably fling in confinement of a person against her will and possibly kidnap if truth be told.

The guy was so far off base it borders on belligerent aggression!

a reply to: andy06shake

As I said i want more info as to what occurred that resulted in the pursuit and why his blood was needed AND if the Hospital has a history of ignoring law and hiding behind "policy".

But you jump to all the conclusions you want.

The Latest: Officer who arrested Utah nurse put on leave

By The Associated Press

SALT LAKE CITY — Sep 1, 2017, 7:37 PM E
abcnews.go.com...


'I've done nothing wrong': Utah nurse's arrest prompts police apology

By Melissa Gray, CNN

Updated 7:31 AM ET, Sat September 2, 2017
www.cnn.com...

Detective Payne Said taking blood is for Protecting the Victim ?

HUH!!

nah ....

it for Arresting him if they found anything Drugs illegal within the Blood
or medication that he took , that he Shouldn't while Driving , add the Blame on him..


Had anyone Seen the DASH CAM Police Chase Video ??

It Clearly shows the Car Swerving into the other Lane

Directly into the Path of the Semi Truck
as if a Apparent SUICIDE ..

The Truck Driver ( Gray ) had No way too Avoid the Situation
Period .. with in few Seconds..

The thought Drawing Blood from him , Should not even existed

Defending lawyers for Gray would of had a Filed Day

with the Police Department :


They were just Pissed because
if Gray had any thing in his system ( Blood )
it May of been diluted with 24 hours..

Tho Payne it was a the blood right now
immediately, so they can Nail a Victim ..

Even if Gray was Drunk or High !
The Suspect went into his lane and had a head on Collision
with his Semi Truck within Seconds .

the was NO way to Avoid it

in Seconds .. wow ..

the Supervisor of the Police Department was a Prick!

Admitting he wouldn't care nor Listen to anyone
as he thinks his Law over rules the Hospitals LAW ...


Get that blood , if you find anything on Gray ( Book him ) !
even though he is the Victim and not the Cause of the Accident!


Now is there a Rule Policy for a Police Chase ?

did they know the Suspect was Suicidal

WHY the Chase anyone Here know that ??

a reply to: Wolfenz

Its NOT Hospital law but POLICY.

Policy is subordinate to state and federal law.

As for the rest its why I said I want more info to place everything into proper context.

a reply to: iTruthSeeker


I am not sure where you are seeing that? She was still in the car, that was a different lady outside the car at the end of the video. The nurse was blonde and the lady at the end had brown hair and was not in scrubs.

a reply to: Xcathdra

Policy???

I imagine the policy would be trained medical staff are required to decide when and where it is appropriate for people in their care to have blood drawn whilst in hospital.

My conclusion is that guy is a bastard of the first degree, confrontational, arrogant, and loud mouthed, generally all the things we have come to expect from so-called officers of the law these days.

originally posted by: Xcathdra
a reply to: Wolfenz

Its NOT Hospital law but POLICY.

Policy is subordinate to state and federal law.

As for the rest its why I said I want more info to place everything into proper context.

well that what i ment policy thanks

a reply to: GuidedKill


Did you not hear the part where she was reading off of the agreement made between the hospital and the police department? She clearly said this is the agreement YOU guys made with us on blood draws, hence the guy on the phone asking the cop why he was getting mad at the messenger.

originally posted by: roguetechie
a reply to: Lurker1

You obviously aren't familiar with Utah and what would have happened should they have done as you said...

It's easy to talk big and bad for you, you're not the one who would've been almost certain to lose their job, lose their nursing or other license in the state of Utah if not entirely, get their head stomped, be arrested, likely charged and convicted of a felony, never be employable in the medical industry again, lose the rigjt to vote, lose the right to own firearms, lose everything financially, and likely do at least 90 days in jail!

... All to say F*** off to the "other cops"

Yes, what cowards....

GMAFB GROW UP GET A CLUE and until you do all that.... FOR THE LOVE OF GOD STFU!!!



Seriously, all you guys acting big bad and tough in here where there's no consequences very likely to in one instant completely erase everything they've worked for their entire lives!...

My husband was visiting me in Washington, DC right after 9/11 (a year after, I think) and we were just strolling down the sidewalk in Georgetown, carrying a loaf of bread...yes it was about 1am or so. I will fast forward to the "arrest" of my husband and I.....5 or 6 cop cars pulled up suddenly and told my husband to get on his knees.....my husband has long hair and at that time a goatee. I was in a dress. My husband refused to get on his knees, (his hands were up), as he had done nothing wrong. He just stood there with his hands up telling the cops he didn't do anything wrong and that he had rights. The cops MADE him get on his knees and then started to beat the crap out of him. I have blocked most of it, but there were more than two cops on my husband. (He is a little over 5'9" and is a hippy electrical engineer....). I was screaming the whole time. I reached over when a cop was going to punch my husband in the face and grabbed the cops arm....BIG mistake....I was beaten, handcuffed and put into a cop car. (I was, at that time, in my late 30's, slightly overweight and am disabled....so I certainly couldn't "assault" anyone.) I was charged with APO. When my husband complained and threatened to make a stink....HE was charged with APO...NOT resisting arrest,,,,and there was never an original charge to justify stopping us. The entire ordeal cost us 3 days in jail, thousands of dollars in lawyers and travel fees, (we lived in Chicago at the time) JUSt to have ALL the charges dropped. It was pure intimidation on the DC cop's part.....we tried to warn people that the police brutality and BS was going to get worse....but people laughed at us as "hippies" and " conspiracy theorists"
Welcome to the REAL dystopia future...........I hope this nurse sues the crap out of the SLCPD.....

Some cops are hired after failing qualifications in NY, due to government quotas. a reply to: luthier

a reply to: Xcathdra

Ahem

Payne lost his temper when Wubbels wouldn’t comply with his demand to take a blood sample from an unconscious patient who had been the victim of an explosive car accident that occurred at the end of a high-speed police pursuit of another man.

The patient was not under arrest or a criminal. He was the victim of a wreck caused by a high speed pursuit. One for which the dept. may have been liable since the acceptability of high speed pursuits is on flimsy ground. I'd imagine if they found alcohol or drugs in the "victims" blood it would be used to mitigate that liability. In other words, this smells.

a reply to: andy06shake

As I stated in a previous post addressing that - Medical persons can in fact deny police access to a patient IF the patients conditions is of such severity that it would place the patients life in danger. Absent that medical staff has no legal means to prevent law enforcement from doing their jobs as mandated under law.