Video shows Utah nurse screaming, being dragged into police car...

Salt Lake Tribune ^ | August 31, 2017 | Pamela Manson

[BobNative]

A nurse says she was assaulted and illegally arrested by a Salt Lake City police detective for following a hospital policy that does not allow blood draws from unconscious patients.

Footage from University Hospital and officer body cameras shows Detective Jeff Payne and nurse Alex Wubbels in a standoff over whether the policeman should be allowed to get a blood sample from a patient who had been injured in a July 26 collision in northern Utah that left another driver dead.

Wubbels says blood cannot be taken from an unconscious patient unless the patient is under arrest, unless there is a warrant allowing the draw or unless the patient consents. The detective acknowledges in the footage that none of those requirements is in place, but he insists that he has the authority to obtain the draw, according to the footage.

[Leaning Right]

> You can seek legal actions LATER, not during the time you are being arrested. <

I agree with you there. If you are being arrested, just go with the flow. Let your lawyer sort things out later.

However, this particular situation is unusual. The nurse had no reason at all to believe that she was about to be arrested. In her mind, she was doing nothing wrong. In fact, she thought she was doing everything right. And the cop gave her no warning, no “If you don’t comply, you are going to jail. You are violating law (whatever).”

In a free country, the nurse deserved a warning such as that. In fact, I’d say it was her right. This was not some life-or-death emergency situation.

[Axenolith]

Ah, so the cop wanted the blood draw in the hope there’d be some contributing factor floating around in the victims blood when the pursuit/accident suit comes up!

[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.

[SkyDancer]

However in this case the person was an unconscious victim and not a crime suspect and the nurse was trying to explain hospital procedures in this case. The LEO went way over the top without bothering to check with his supervisor and proceeded to act like a total moron.

[Axenolith]

This is a discussion over a blood draw on an accident victim associated with the pursuit, not the person being pursued.

[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.

[crusadersoldier]

Cops wanted to draw blood in the case in hopes that they would find drug or alcohol in the victims system. They are attempting to limit their own liability in the case since they were chasing the suspect that hit him.

[af_vet_rr]

First, the officer asserts that he was instructed by his superior officer to arrest the nurse if she interfered. So, he wasn’t simply doing this because he was mad, as the video made it seem, but because he was following his own orders.

Secondly, the officer was actually trained to draw blood himself, so presumably he wasn’t trying to force the nurse to draw blood, he was simply trying to go and do it himself.


There was no warrant to take blood from the unconscious victim (who was never a suspect). Neither the detective or his boss had the authority under Utah state law, and under the US Constitution, to draw the blood. The detective admitted he had no warrant or authority to draw the blood, yet tried to insist to the nurse that he still did.


I don't know how it is in the world of civilian law enforcement, but as an officer in the military, had I ever given an illegal order like this detective's boss did, that was clearly against the Constitution, I would have been in a world of sh-t. Had the person I given the order to acknowledged that it was an illegal order, and rather than turn me in, still followed it, he or she would have been in a world of sh-t.

[ozaukeemom]

Thing is, there would have been pain meds in his system due to the hospital having treated him, correct?
The fact is there was no way the patient’s actions had anything to do with the accident. It was the suspect’s doing. Impairment or no, would not have changed anything. Except, of course, the cops chasing the suspect would somehow come out as not at fault.
I support police, good ones, and understand there are extenuating circumstances. This was not one. The most innocent of all the parties, is lying unconscious.

[crusadersoldier]

Actually a couple of uniformed guys in that video were hospital security.

[Axenolith]

Not if he’s being sued for deprivation of rights under color of law and this is pretty clear cut from that standpoint. You’re personally liable for that.

[drjimmy]

Why didn’t she then?

Because the cop refused to do the things she said were necessary in order to do the blood draw legally. She knew the law and was following it; he either didn't know the law or (ultimately) just chose to ignore it. And he took out his frustration on her by unlawfully arresting her in a manner that showed he cannot be trusted to control himself.

[drjimmy]

On the contrary, federal law requires a blood test be taken when a commercial truck driver is involved in a fatal collision regardless of who is at fault.

Can you please post the text of this law, or at least a link to it? That way we can see where it says that a police officer can draw blood from an unconscious commercial truck driver.

[Axenolith]

That’s the point I’m making. There’s no need for a draw on that guy unless for the cops to be covering their asses when the lawyers drop off the thermals and settle on the carcass...

[Leaning Right]

> Actually a couple of uniformed guys in that video were hospital security. <

Right. From what I could tell, the cops were in blue, and the hospital security guys were in gray. As a side point, I feel bad for the hospital security guys. I’m sure they were both surprised and sickened by what they saw there. But they were powerless to do anything.

[jjotto]

heh heh

Now. all of a sudden, we apparently have local cops who can’t wait to enforce federal law! What if he was Hispanic without documents? Too funny!

[Harmless Teddy Bear]

Because he was not willing to do what was necessary for it to be legal.

No, Officer Jackboot wanted to violate the rights of his fellow officer and how dare this upstart civilian stand in his way!

[DouglasKC]

Cops wanted to draw blood in the case in hopes that they would find drug or alcohol in the victims system. They are attempting to limit their own liability in the case since they were chasing the suspect that hit him.

Bingo.

[UCANSEE2]

Just to note, the unconscious person the officer was trying to obtain a sample from was a victim in a crash. He was hit head-on by a perp the police were chasing. Explains why there was neither a warrant, nor an arrest for the unconscious victim.

If that is true, then why IN THE WORLD would the Police Officer even THINK there was a need to take a blood sample from the INNOCENT VICTIM ? I think you have your STORY mixed up. The INNOCENT VICTIM is dead, not UNCONSCIOUS.

[RedStateRocker]

They are all as bad as the worst behavior they tolerate and do not report.