Officer placed on leave as DA launches criminal investigation into arrest of Utah nurse

Fox13 SLC ^ | 9/1/2017 | Mark Green

[Valpal1]

Salt Lake City Mayor Jackie Biskupski announced that as a result of the criminal investigation being launched by the Salt Lake County District Attorney, Detective Jeff Payne will be placed on full administrative leave with pay.

Later Friday night, police stated two employees are on administrative leave. It was not immediately clear who the second employee is.

[cynwoody]

Will Officer Payne spend time in prison?

The longer the better!

[Rusty0604]

DOT regulations do not trump the law. Nothing to bring the nurse up to speed about.

[FreedomPoster]

Brutal, and deservedly so.

Nicely done.

[FreedomPoster]

This case gets settled, it will never see a jury.

[Vendome]

The innocent comatose man, so injured because the cops were chasing another man, whose vehicle collided with the victim’s truck causing it to catch fire is now a perp?

No probable cause, no exigent circumstance, no crime charges or alleged, no warrant and you call this guy a perp?

Just what did he perpetrate?

[ilovesarah2012]

Exactly. Everyone is ignoring “the rest of the story”, as Paul Harvey used to say.

[napscoordinator]

Thank god. The cop would have gotten away with it otherwise.

[Nik Naym]

Are you aware that you can go down to the store and buy a can of Kiwi? You can eat it by the spoon full if you wish, in the privacy of your own home. That’s a lot easier and much less embarrassing than getting on your hands and knees and licking it off some rogue cop’s boots.

You either are ignorant of the situation or dangerously stupid. Take your pick.

[Donnafrflorida]

You have nor read nor watched a damn thing on the stoey. The nurse provided the cop the actual law stated 3 condutions to take blood. The hospital administration and staff explained it to him. Its was SHE following the law. Not him.

[vooch]

“...Why did she think she had jurisdiction over the perp? Since when do medical persons have any right at all to resist orders from the police?...”

since 1776

[Kadric]

I would say that they should also be charged with kidnapping.

[Presbyterian Reporter]

""40 posted on ‎9‎/‎2‎/‎2017‎ ‎1‎:‎34‎:‎21‎ ‎AM by anton"" -- Anton, It is past your bedtime.

[Elsie]

I saw the video, and it was an egregious abuse of power. He should be charged with assault.

HMMMmmm...

Somewhere; sometime; someplace; Blood Atonement is going to come into play in this case...

[Elsie]

DOT regulations require CDL holders to submit to a drug test when they are involved in a fatal accident, regardless of the circumstances.

The problem is that he could NOT 'submit'.

[Badboo]

The sheep always support the pigs. When cops become honest and stop covering up for the pigs among them and end their “brotherhood” conspiracies to violate the law, then I will support the cops. Let me know when there is no longer a need for Internal Affairs which most cops despise.

Planting evidence, abuse of authority, skimming evidence, silence.....

[Elsie]

There is a God!!!!!!!!!!!!!! I am hoping and praying that they will fire and decertify and prosecute him.

This is UTAH.

They have GODs there!

[Elsie]

I suggest that the USS Harvey Milk be renamed the USS Alex Wubbels (that’s the nurse).

I; for one; would not like to have MY name placed on a ship that was FIRST named for a HOMOSEXUAL!

Rename it the USS 1 Corinthians 6:9-11 instead.

[Elsie]

Plus, in my opinion, he liked to abuse women.

No; no; NO!!!

This is UTAH!!

They do NOT abuse the women there!!

[Elsie]

Also, it IS legal to do a draw on an unconscious person in many states w/o a warrant if the police invoke “probable cause and exigent circumstances”.

---

In Utah, a peace officer may draw a person’s blood without a warrant if the state can show by a totality of the circumstances that both probable cause and exigent circumstances justified the warrantless blood draw.

 

 

http://www.utahduilegal.com/warrantless-blood-draws/

 

In Utah, a peace officer may draw a person’s blood without a warrant if the state can show by a totality of the circumstances that both probable cause and exigent circumstances justified the warrantless blood draw.

Probable Cause exists where the facts and circumstances within the peace officer’s knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been-or is being-committed.^[1] Probable cause is evaluated under the totality of the circumstances, and deals with probabilities and certain common-sense conclusions about human behavior formulated by peace officers.^[2] However, where a search intrudes beyond the human body’s surface, the interests of “dignity and privacy” require “a clear indication” that the desired evidence will be found.^[3]

An exigent circumstance exists where there is an urgency to acquire evidence that falls outside the ordinary course of law enforcement.  Generally exigent circumstances exist if: (1) there is a good chance that evidence will be destroyed or concealed if the peace officer takes the time to procure a warrant; (2) It is likely that the suspect will flee if the peace officer takes the time to procure a warrant; or (3) there is a real danger to the people if the peace officer takes the time to procure a warrant.  The rationale for permitting warrantless searches under such circumstances is that extreme situations dictate that peace officers act quickly, when there is no time to secure a warrant.

 

 

[Elsie]

Another LE at the scene asked the officer why he didn’t get a warrant and the officer told him he didn’t think he had probable cause to get one.

Ah...