Under the law there is a vast difference in doing tests as a part of medical care and doing tests for LE. A doctor would be ordering the tests for medical care for an unconscious patient, not LE. Even if the hospital does tests for medical reasons and LE wants the results they have to obtain them legally. If the hospital would have needed to check patient for alcohol or drugs for medical reasons that does not mean the LE have access to them. That would be a legal issue, they would still need a warrant or consent of patient.
Some states have laws that mean you give consent to this type of thing automatically by agreeing to it in advance when you get your license and drive. It is considered implied consent to drive in those states. That is the only way LE can do it without consent or warrant. According to all the articles I have read about this Utah does not have implied consent law. That is what was being discussed by the nurse with the officer and her supervisor by phone when this LE arrested her. The fact that there was no implied consent law.
We don’t give up our Constitutional rights just because we are getting medical care or are unconscious.
I just talked to my daughter who is a nurse and at one point worked in the county jail as a nurse about this incident. Even at the jail LE had to have consent of patient or get a warrant before medical personnel could legally draw blood in these circumstances. That is at the jail!
This LEO was so far out of line, there will be millions paid out in lawsuits for his behavior. None of this is new either, things have worked this way a long time. LE is aware of it, or should have been- he was just trying to bully through someone and get his own way.
The sad thing is we the people pay not only the money for his unprofessional actions- but if he had bullied her into doing it any case they would have had would have been thrown out and if the patient was under the influence of drugs or alcohol he would have been free to continue to do that.
LE are just like everyone else, there are good and bad officers. That is just the truth of it. I support good LEO and most that I have ever dealt with have been professionals. I do not support the bad apples.
“Under the law there is a vast difference in doing tests as a part of medical care and doing tests for LE. Etc...”
Ok, but that is NOT what the nurse is reported to have claimed.
“She told the officer a patient was required to give consent for a blood sample ...”
I responded to what is in the article.
You agree with me that patients can have blood drawn even without giving consent, unlike what this article says, attributing it to the nurse.