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 ...
Well, just offhand I’d say yes. I’d think they have to know what they are dealing with before giving meds, etc. But I’m sure someone on here can say for sure.
Good thing there wasn’t any service dogs around the hospital too!
No, the cops were plain wrong, there was a Supreme Court decision about a year ago which dictates when blood can be drawn. As a police phlebotmist he should have known about this law.
The nurse had no motive to "obstruct justice." She was following not only hospital policy, but the law with respect to the situation. Her job, and even her nurses license could have been at risk for breaking those laws.
She was 100% right, and the cop was 100% wrong. The idea of being handcuffed and detained in this situation is outrageous.
I beg to differ. The police are in CYA mode since this accident was in part because they were in a high speed pursuit. Their looking at deflecting the liability and insurance claim / lawsuit from the victim because they didn’t back off.
If they can show some evidence of impairment on the victims part then they can try to make a case that this impairment hindered the victims ability to take some sort of evasive action.
The chase video shows the perp’s car swerving directly into the path of semi-truck.
Outside of possibly being pitted or a blown tire it could be a case of suicide.
A hospital may draw blood from an unconscious patient to medically treat them, not to service the legal industry. There would be no reason to draw blood for intoxication as they knew why this patient was in their ER, massive burns from a accident. The times when blood is drawn for intoxication is from a legal warrrant, or the patient presents themselves unconscious, and a diagnosis is needed.
This patient had massive burns. A phlebotomist would have a hard time drawing blood due to the burns. The blood would need to be drawn via a central line. Only an RN can do that.
Don't you be calling us we-'uns here Shirley.
wait until the far left site “Police the Police” gets holds of the video. They will paint all police with the same brush.
I watched the video of the crash (post 69 in this thread). There's no action the truck driver could have taken to avoid the crash except to have not been on the road in that place, at that time.
It appears he's in the far right lane (opposing traffic, as far left from chase occurring as possible). It happened in less than a second.
The nurse should hand the cop the syringe and tell him to do it then.
Just following orders is not a valid excuse. If neither the officer, nor the supervisor can state proper authority for drawing the blood, absent a warrant or arrest, they've nothing to go on.
No, but neither should "the needs of law enforcement" trump the Constitution...
Don’t go all wobbly on us now, caligatrux.
Take another look at the video. It doesn’t matter if the cop was just following orders. At no time does he say “Do as I instruct, or you’re under arrest.” At a minimum, he should have made that clear. But no. He just exploded, and arrested her. He was out of control.
In the video the nurse cites what rules she is trying to follow. But the cop doesn’t say what law she is supposedly breaking. People threatened with arrest have the right to know why they are in trouble - just what law they are breaking.
And one more thing (sorry). How tough would have it been for the cop to get an electronic warrant? It would have taken ten minutes, maybe. I wonder why the cop didn’t go that route. Perhaps it was because he knew no judge would issue one.
Bullshit. There is only one reason for a cop to request a legal draw on a patient from a Registered Nurse, and that is to obtain evidence that can be used against a driver for a charge of DUI.
If a cop told me to do a legal draw on my unconscious patient without a warrant, I'd tell him to go fornicate with himself.
............... but, but, I have a badge!
So the cops are the agents of the USDOT now too?
I just love how the cops can remain silent after they violate the law or screw up (most recent example is the Minnesota muslim lady killer cop) but for you me, we must answer all questions and give immediate consent or get arrested for it.
She can sue the cop(s) individually under 42 USC 1983.
https://www.law.cornell.edu/uscode/text/42/1983
People like absolutely frighten me. Your willingness to give up your freedoms and rights at the sight of a badge is astounding.
Here in California, I could wear a LEGITIMATE TAG WITH ALL MY VITAL MEDICAL DATA AND EMERGENCY RESPONDERS ARE STILL PROHIBITED FROM USING THE DATA....
MY DOCTOR'S EXPLANATION : LAWYERS.
As a civilized, "advanced" society, we are so swiveled...
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