Posted on 09/01/2017 10:26:41 AM PDT by 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.
(Excerpt) Read more at time.com ...
“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.”
Ridiculous.
It’s the cop who belongs in jail.
“I don’t know understand why so many ppl on this forum love cops.”
They are cops or live in a sheltered place where they never had an experience with a bad cop.
I once had lofty views of American police too. Until I woke up in the middle of the night and through a crack in my shade witnessed several NYPD holding a group of teens hostage, bullying them, putting them in holds and kicking them like garbage.
Nomatter the crime they supposedly did, nobody deserves to be held and tortured like that for no reason but sadism. Seems like they were really enjoying it.
The fact that 5 cops all participated in it and didn’t even say anything, made my opinion of them very low after that point.
I was so broke I didn’t even have a landline then but thank God today such a thing would easily videotaped by nearly anyone. Like this nurse incident. Citizens are fighting back, FRiend!
And if the unconscious guy laying in a hospital bed, is not under any suspicion of any crime, is not bleeding, should the cop just knock the guy up a bit to cause some free flowing blood? Just because he can?
ifinnegan,
i dont think you have any idea about what you are talking about...
you said “This would mean no person who is unconscious could ever have their blood taken for tests.”
First off if the pt came in unconscious blood draws are MEDICALLY needed to determine the potential reason for being unconscious (if the reason was unknown.) It is called STANDARD OF CARE and is deemed medically necessary. What medical necessity did the police have here??? How could it have helped in the MEDICAL CARE of the patient for the POLICE to order the blood draw?
Then comes the AUTHORITY to do the blood draw. Using your “point” only for MEDICAL CARE does a physician or other licensed personnel have the authority to order a blood draw/work. Or in the event that they are potentially unavailable there are set protocols in place for such occurences, a sort of if/then scenario. In this instance the “order” for the blood draw/work was given by a police officer who had NO AUTHORITY to do so. As per the statement of the nurse she even mentioned that there was an AGREEMENT, an agreed upon PROTOCOL if you will, set up between the hospital and the police on when the police can request blood draws/work on a patient. 1) Consent 2) Warrant (written or electronic) 3) pt under arrest. NONE OF THOSE PARAMETERS WERE FULFILLED SO THEREFORE THE REQUEST WAS UNLAWFUL AND INVALID!!!
So again to reiterate your position fails because criteria for police requesting the blood was invalid and not met AND when the blood work/draw is MEDICALLY needed it is permissible as standard of care protocols.
the police present should have arrested the detective for disturbing the peace in an intensive care ward, and dragged him out by his collar if necessary. Antifa louse.
What?
Where did that come from?
The cop is definitely a bully, and probably a woman hater. He was, though, a trained phlebotomist, and that's what he was there for, to draw the blood, for the police, himself. His punishment, thus far, has been removal from blood-draw duty, but he remains on active duty as a cop.
“This would mean medical staff could never take blood from any unconscious accident victim.”
They draw blood all the time from unconscious people. They just can’t use it for prosecution or any other legal matter.
It’s clearly against the law and against American Jurisprudence.
The unconscious guy was a reserve cop. No warrant, no custody, no patient permission, no blood sample per Supreme Court ruling.
“This would mean no person who is unconscious could ever have their blood taken for tests.”
Again, that’s completely permissible to draw blood for medical tests.
When blood is drawn for criminal matters it requires the persons permission or a warrant.
100% of the time. By law.
Thank you for the great synopsis.
I wish I was more clear about one thing. I don’t want to label the individuals as being all bad. But rather the institution as it exists, allows for present day abuses. You described on such abuse. I’m sure the typical German thought the cops were okay in Germany as they forced sterilization and even euthanized the sick and mentally ill. And then there was the whole made up event Kristallnacht. I’m sure the Germans thought the cops were being reasonable in their treatment of the Jews.
And surely there will be somebody here to insult me for trying to connect the dots this way. I simply say now that our Founding Fathers wanted a small government because they held the view that man’s nature was to oppress his fellow man. As the Good Book says, The heart is more deceitful than all else.
.
Must you always be a dip-$hit?
.
I suspect you’re being purposely obtuse. Your argument is an example of Reductio Ad Absurdum. Of course an unconscious person can have blood drawn, if a doctor orders it. The LE ordering it without a warrant or the patient’s consent is a violation of the Fourth Amendment. It is the very definition of Unreasonable Search and Seizure.
There is a difference in medical necessity testing and gathering evidence for law enforcement purposes.
Actually if the cop didn’t have a warrant the Nurse could lose her credentials if she drew the blood without consent. She’s not wrong here.
Police officer should have remained while the patient was treated and asked for a warrant with probable cause. They can’t force you to give your blood when your conscious why would they be able to obtain such evidence when your unconscious?
“That raises another point - the suspect was dead, why were they going after the victim, who was never a suspect? Especially since they didn’t bother getting a warrant (or it was denied to them)?”
One theory is they were trying to avoid a lawsuit by the victim by taking his blood.
“See, it wasn’t our wreckless (but super fun) police chase that got him killed. It was those 2 drinks he had!”
There is a huge difference between drawing blood for medical purposes and drawing blood for legal, evidentiary purposes.
And, I would bet that any blood drawn for medical purposes is protected from confiscation by police by "Doctor/Patient Privilege".
The bill of rights and laws protecting those rights are there for a reason; to protect people from actions like those of this thug cop, Payne, and any other power-hard-on thug.
There are a great many good cops. I respect them, support them, and am thankful to have them.
But then there are bad apples and tin-pot thugs like Payne and, I'm assuming, you, ifinnegan.
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