Posted on 09/01/2017 10:26:41 AM PDT by varyouga
The hospital is not looking to prosecute the patient, you are and their civil rights come into play.
Do I lose all my Constitutional Rights if I am unconscious?
Crux = Was the ‘patient’ Under Arrest?
No the patient wasn’t under arrest. He was hit by the person the police were chasing.
“In thinking about it, what maybe more disturbing than the detective not only breaking the law, but abusing his authority and the nurse, is the two LEOs who stood by. “
BINGO. The “other cops can do no wrong” mentality is pervasive and even penetrates into FR!
One of the hospital security people even opened the door for him as the was shoving her out.
She is going to be a wealthy woman. I rarely agree with lawsuits, but this one needs to happen.
In my part of the world we had a couple of incidents of LE taking people to the hospital to be physically, medically examined inside for drugs- think colonoscopy with no preparation and against your will. LE demanded a local hospital do this for them and doctor on ER duty refused. Then they took people to the next town and that hospital did it. Yes this happened more than once- with LE from different jurisdictions! To add insult to the mess, no drugs were found either time!
Lawsuits flew and rightly so, millions were paid out by County, hospital that agreed to do it. They need a warrant for this sort of stuff, and they have no right to order medical personnel around.
I support LE, every chance I get. Some things are just stupid though, and being in LE is not for everyone.
Just read the Fourth Amendment with my eight-year old after she saw the video (Mom is an ER nurse).
SHE (the eight-year old) understands this perfectly well.
The right of the People to be secure in their persons...no warrants shall issue except upon probable cause...
This is NOT complicated.
It would not surprise me if “ifinnegan” demanded the burned semi-truck driver be arrested for interfering with a police chase.
You are an idiot.
A well written post...but, sorry to say, a complete waste of your valuable time with “ifinnegan”.
No, not how this works. Not how any of this works. LE in my area got themselves and a hospital sued for the same type of shenanigans. Those that had medical procedures done on them with no consent and no warrant are millionaires now.
Ah well, there you have it. I've been trying to come up with a charge. Clearly I wasn't thinking on this from the proper perspective.
What is sad is that there is small, but very vocal minority at FR that would support exactly that kind of charge. Many have left the site over the years. Ten years ago you'd have seen a lot more support for that point of view. Not so much anymore. I know several posters who have turned 180 on this issue over the past decade and a half due to the obviousness of how out of control some cops are, and the facts that their fellow officers do nothing about it, as in this case.
It is amazingly similar to the extreme other side. Back when the whole Michael Brown thing went down a few years, I was skeptical of the shoot at first, but as the actual facts that surrounded the event came out, it was pretty obvious to me that it was a "good shoot". You'll have the BLM folks who can never be shown enough facts to sway their opinion. By the same token, there are some on the PLM (police lives matter) side who can pretty much never be convinced that the police are in the wrong now matter what the actual circumstances are, or how flimsy the excuse was that they had to open fire.
For myself I judge the circumstances through a fairly simple lens. I basically ask myself that if I, as a regular Joe were in the exact same circumstance, would be prosecuted for it. If the answer is 'yes', then the cop should face the same system I would. If not, then he should be acquitted or no-billed just as I would expect to be.
Then get a warrant. The nurse and the hospital has to CYA, because they can and will get sued and their insurance companies will pay out the nose and their rates go up. Cops get sued and the taxpayers pay for their mistakes so what is the downside for them if they screw up?
They can only draw blood as a medical procedure, not in the pursuit of a criminal case, unless compelled by warrant...
The cop is not Jack Bauer....
“The article indicated the nurse claimed not to be able to even draw blood without the person’s consent.”
Which is quite true apparently.
L
ifinnegan is usually rational but, here he does appear to exhibit signs of an I.Q. that is toast....burnt toast...
LOL!
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