Posted on 09/27/2017 6:50:59 AM PDT by IYAS9YAS
I doubt that the cops had the video to watch, before they took the guy to the hospital. And I doubt they had the intrucrtions from the driver’s company either. If was protocol to take a blood sample from anyone/everyone involved. Obviously, the cop took it too far, but I don’t think it should be ‘the cops are evil’ scenario that is playing out in the media. I wonder if part of it is the Media wanting to further the grievances of the cop haters, especially at this time with so many in the NFL being brats.
Protocol doesn't trump law. The officer had no authority to collect the sample. Period.
HIPAA protects the comatose patient, since he could not give consent to the blood sample being taken. Without a warrant, or without the truck driver being arrested, the officer cannot collect a blood sample, either.
Then why is it a requirement? If it is against other ‘rights’ how is it in the requirements for the police to get a blood sample?
Testing is a requirement under federal law - 49 CFR Sub-section 382.303 (you will have to scroll down to see the regulation) for a CDL driver to submit to a company-provided alcohol and drug test within certain time constraints after a fatal accident, regardless of who was at fault. Utah law enforcement has no say in this.
Everything I can find about the State of Utah is they default to the Code of Federal Regulation on this.
I cannot find any separate law on the books in Utah that would go outside this.
49CFR SS 382.303 also recognizes that, in some cases, drug/alcohol testing may not be possible within the time constraints provided. In that case, no test may be done, and a written explanation must be provided to the Federal Motor Carrier Safety Administration by the company explaining why the testing was not performed.
By the way, the officer in question here was a local Salt Lake City police detective, not State Police. The wreck occurred in Wellsville, UT, more than 65 miles from Salt Lake City, UT, and well outside this detective's jurisdiction, so how would he even have jurisdiction in this case, simply because the patient was in a SLC hospital?
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