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originally posted by: roadgravel
By the way Utah state law provides for civil immunity for performing blood draws at the direction of law enforcement.
But that doesn't mean a person must throw away their ethics or desire to follow rules.
originally posted by: norhoc
a reply to: Xcathdra
Hospital also today stated that law enforcement is no longer allowed to have direct interaction with medical staff. So one moron has messed it all up for good cops, yet you still defend the one moron you are in bad company
originally posted by: Xcathdra
originally posted by: MALBOSIA
originally posted by: Xcathdra
a reply to: NightSkyeB4Dawn
In fact he did unless you are accusing the detective of lying in his report now. He released her when he found out a blood draw was done by medical staff.
Why didnt the nurses present tell him?
Why didn't the officer ask the question? She answered the question he did ask with the answer she was legally obligated to give. We have to hold LEO's hands now and tell them the questions they were supposed to ask?
Back to my question - Why didnt medical staff inform of the blood draw when he first arrived and explained why he was there and what he was there for?
We have to hold medical staffs hands when it comes to providing information to law enforcement that they are legally entitled to have?
originally posted by: norhoc
a reply to: norhoc
Also to all on here remember, The onus is on the police's side when doing an investigation you do not have to be the one that asks what they need, it is on them to know what they need or want and ask you ( see my traffic stop example above)
originally posted by: Xcathdra
a reply to: MALBOSIA
To be honest im not concerned about who does or does not respect me on the forums. respect is earned and its not through post count, stars or whether the person agrees with your position.
He was not ordering the nurse to draw blood by the way. the detective was a trained phlebotomist and was a member of the departments blood draw section. He was there to make contact with the patient to do the blood draw himself. Medical staff refused that information.
So if you are going to judge me, please make sure you have the facts correct first.
My position is and has been -
The officer acted inappropriately and could have handled it better.
The medical staff also handled the situation poorly, only providing info after the nurse was taken into custody that blood was already taken.
originally posted by: roadgravel
a reply to: Xcathdra
She seemed to be following hospital protocol. That's what she is to do.
By the way Utah state law provides for civil immunity for performing blood draws at the direction of law enforcement.
originally posted by: norhoc
a reply to: Xcathdra
Not sure what part of I am done speaking to you you don't get. Must be the same part of your brain that doesn't get PC and Reasonable Suspicion. Please stop butting into replies I am making to others.
originally posted by: windword
a reply to: Xcathdra
By the way Utah state law provides for civil immunity for performing blood draws at the direction of law enforcement.
But the 2nd officer said he needed the blood drawn for the "criminal" investigation he was doing.
You're just gaslighting us now.
Effective 5/9/2017
Index Utah Code
Title 41 Motor Vehicles
Chapter 6a Traffic Code
Part 5 Driving Under the Influence and Reckless Driving
Section 523 Persons authorized to draw blood -- Immunity from liability. (Effective 5/9/2017)
41-6a-523. Persons authorized to draw blood -- Immunity from liability.
(1)
(a) Only the following, acting at the request of a peace officer, may draw blood to determine its alcohol or drug content:
(i) a physician;
(ii) a registered nurse;
(iii) a licensed practical nurse;
(iv) a paramedic;
(v) as provided in Subsection (1)(b), emergency medical service personnel other than paramedics; or
(vi) a person with a valid permit issued by the Department of Health under Section 26-1-30.
(b) The Department of Health may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 26-8a-102, are authorized to draw blood under Subsection (1)(a)(v), based on the type of license under Section 26-8a-302.
(c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(2) The following are immune from civil or criminal liability arising from drawing a blood sample from a person whom a peace officer has reason to believe is driving in violation of this chapter, if the sample is drawn in accordance with standard medical practice:
(a) a person authorized to draw blood under Subsection (1)(a); and
(b) if the blood is drawn at a hospital or other medical facility, the medical facility.