Posted on 09/01/2017 7:34:22 AM PDT by 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.
(Excerpt) Read more at sltrib.com ...
> 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.
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!
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.
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.
This is a discussion over a blood draw on an accident victim associated with the pursuit, not the person being pursued.
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.
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.
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.
Actually a couple of uniformed guys in that video were hospital security.
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.
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...
> 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.
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!
No, Officer Jackboot wanted to violate the rights of his fellow officer and how dare this upstart civilian stand in his way!
Bingo.
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.
They are all as bad as the worst behavior they tolerate and do not report.
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