'Somebody Help Me!' Nurse Arrested After Refusing to Draw Blood

Time Magazine ^ | 9/1/2018 | AP

[varyouga]

(SALT LAKE CITY) — A Utah police officer's body camera video shows a hospital nurse being handcuffed after refusing to draw blood on an unconscious patient.

The video taken at University Hospital in Salt Lake City shows nurse Alex Wubbels calmly explaining to Salt Lake detective Jeff Payne that she couldn't draw blood on a patient who had been injured in a car accident. She told the officer a patient was required to give consent for a blood sample or be under arrest. Otherwise, she said police needed a warrant.

The dispute ended with Payne telling the nurse she was under arrest and physically moving her out of the hospital while she screamed.

The Salt Lake Tribune reports Wubbels was not charged. Police have started an internal investigation, but Payne remains on duty.

[varyouga]

“Police officer should have requested a higher up make the decision, and he should have checked with his superior before making the arrest.”

pfffft. Cant waste valuable police time on these technicalities. Got dopers to catch! For your own good!

[ifinnegan]

“There are protocols to follow...”

What protocols. Perhaps you can expand on this.

[Hulka]

In Texas, free flowing blood can be wiped off the patient and then used for a BAC assessment. . .and if the blood drips onto hospital beds/chairs/furniture or the floor, the blood may be taken for BAC assessment.

[BJ1]

I don’t know understand why so many ppl on this forum love cops. Sure we want to live in a safe society without fear of random and violent attacks. But is that all the cops do?

In my view they do much much more than merely try to keep our streets safe. Such as:

1) Arrest drug users for harming nobody else, but themselves.
2) Arrest Johns and prostitutes for engaging in a consensual act, between two grown adults.
3) Harass motorists at random checkpoints, because hey, some of you guys might be drunk. Forget all that probably cause crap, if it saves just one life right?
4) Harass motorists if they don’t appear quite right. They will invent probable cause on the spot to search any vehicle they want. Period.
5) Act as the muscle for the court system. Did some woman say a man hit her, and despite witnesses, did the police force that man out of his own home?

These are all quite bad things. But cops acting as the muscle for the courts is thing that the progressives will want to use. Did you call some tranny a homo? Did you call that man in a dress a man? Sure we can do that in 2017. But can we do that in 2027? Can you preach out of the bible in 2027? Ronald Reagan said losing our freedom was just one generation away.

[rolling_stone]

no it does not mean that it means they cannot take blood and give it to the police without consent or warrant totally different than taking blood from a person needing medical help.

[Rusty0604]

The medical team can, but if the LEO want to they need a warrant with probable cause. I certainly hope you are not an LEO with your disregard for citizens rights.

[af_vet_rr]

Nurse needs to be fired and lose her credentials as soon as possible.

Possibly charged with aiding and abetting a crime after the fact as well.

I really can't tell if you are being dumb, ignorant, or sarcastic. Just in case you are being ignorant and didn't read up on this, I'll explain it to you:

1. After driving recklessly, a suspect, Marcos Torres, fled from the Utah Highway Patrol on July 26.

2. A police chase ensued.

3. The suspect trying to escape the Utah High Patrol crashed into William Gray, who is a truck driver when he is not serving as a reserve police office with the Rigby, Idaho Police Department.

4. The suspect, Marcos Torres, that was being chased, died at the scene.

5. William Gray, the victim, escaped from his truck while he was on fire, and was ultimately left with severe burns and is in a coma.

6. William Gray, the victim, was never under arrest, and was never a suspect (since the actual suspect ran into him).

7. Since 2007, police officers in Utah cannot take blood from an unconscious person without a warrant, even if the patient is under arrest.

8. Repeating the above - William Gray was never under arrest and was never the suspect

9. In 2016, the US Supreme Court ruled that the Constitution does not permit police to take blood without a warrant.

10. On video from a police body cam, Detective Jeff Payne threatens to take the nurse to jail if he doesn't get a sample, and claims she is interfering in a criminal case, even though the victim was never a suspect, nor was he ever under arrest, EVEN THOUGH HE HAS NO WARRANT, AND NO LEGAL OR CONSTITUTIONAL STANDING TO TAKE THE BLOOD.

11. On video from a police body cam, Detective Jeff Payne acknowledges that the legal and Constitutional requirements are not met for a police officer to take blood from an unconscious person who is neither under arrest or a victim.

12. On police video, Detective Jeff Payne, after admitting that no legal or Constitutional requirements are met, still insists that he has the authority to take the blood.

13. Detective Jeff Payne states at one point that he "either go away with blood in vials or a body in tow"

14. While standing in the parking lot, Detective Jeff Payne, who is also works for an ambulance company in his off-time, states “I’ll bring them all the transients and take good patients elsewhere,”

15. In his report, Detective Jeff Payne states that he cannot "obtain the blood sample with a warrant."


If some of those words are too large for you to understand, there try this:

A cop does not have the right, under Utah and United States Constitutional law, to take the blood of the unconscious victim without a warrant.

Cop wants to take blood from an unconscious victim who was hit by a person being chased by the Utah Highway Patrol.

Cop is told that he can't do it without a warrant. Cop also admits that he doesn't have the warrant or legal standing, but claims he has some mythical authority to do so. Arrests nurse who stands in his way.

[Rebelbase]

Because the cops didn’t follow the correct procedure and obtain a warrant?

You’re a good little Eichmann.

[Hulka]

Depends on the state if she acted lawfully or not.

In Texas, free flowing blood can be wiped off the patient and then used for a BAC assessment. . .and if the blood drips onto hospital beds/chairs/furniture or the floor, the blood may be taken for BAC assessment.

[Hulka]

In Texas, free flowing blood can be wiped off the patient and then used for a BAC assessment. . .and if the blood drips onto hospital beds/chairs/furniture or the floor, the blood may be taken for BAC assessment.

[varyouga]

“This would mean no person who is unconscious could ever have their blood taken for tests.”

They certainly can. With a WARRANT after filing PROBABLE CAUSE

As demanded in the CONSTITUTION by WE the PEOPLE

[af_vet_rr]

I suspect the nurse will be cashing a check after the settlement/lawsuit. If anybody loses their job it should be the cop.

Shame the taxpayers have to cough up the money in these lawsuits.

You know, if victims of cops could go after their retirement funds, you'd see a lot of cops straighten up. But for now, the taxpayers are always on the hook for millions of dollars of payouts to the victims of LEOs.

[cherry]

nurse here too.....drs and nurses work with the foundation of "do no harm" and our ultimate responsibility is to be patient advocates...

I don't know the circumstances of this incident but the nurse was acting strictly professional and trying to follow the rules of the hospital....a doctor orders blood tests, not some stinking arrogant cop....

for that creep to man handle this woman like that is a CRIME imo...

[Rusty0604]

Don’t expect a lucid response because there isn’t one.

[af_vet_rr]

I call these leftist cops who refuse to follow the law or make their own.

I just call them cops, because a conservative cop will still protect a leftist cop, when there is a dispute between a leftist cop and a citizen.

Look at this case - there were officials from two other law enforcement agencies (including a state law enforcement agency) who witnessed this, yet did nothing while the cop went outside of the Constitution.

[Rusty0604]

Your post is nonsense. There’s a big difference between the doctor taking blood and a cop demanding it.

[Washi]

Nurse needs to be fired and lose her credentials as soon as possible. Possibly charged with aiding and abetting a crime after the fact as well.

Did you forget the sarcasm tag?

[Mariner]

It’s time to eliminate sovereign immunity and start criminally prosecuting LEOs who break the law “in the line of duty”.

If convicted, imprison them.

[Mariner]

“This officer should be given desk duty and never sent in this situation again.”

I don’t think it’s possible to make a reasonable case on why he should not be criminally prosecuted.

[Belakflognirb]

Title 42 USC 1983