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 ...
“Are you a lawyer?”
No, but I play one on FR.
He would have, but he did not think of it.
How?
Then Officer Payne can use that as the basis for getting a warrant, instead of being a violent a-hole in a hospital.
I’m an RN. We have been taught from day one that we have no authority to do certain procedures, like drawing blood, without a physician’s order. I have never drawn blood without a physician’s order. There are times I’ve drawn blood under physicians “standing orders,” but those are still signed by a physician. It’s just not done.
The nurse would indeed be reported to the state board of nursing for going outside her scope of practice, an illegal act that could jeopardize her license.
It doesn’t require him to take a blood test. He can decline and suffer the penalty.
Since when do police have the authority to force others to perform medical procedures under the threat of being arrested?
I would love to put that cop on the stand in front of a jury. Won’t happen though. A settlement is in the making soon.
He might have to answer to the Sergeant for that:
Are cops trained to yell "stop resisting"?
Many cops are trained to yell "stop resisting" as a pretext to justify using force and violence when arresting a suspect. In this video, a former police officer -- now a California criminal defense attorney -- explains.
I agree with you only on one point. You’re right, it’s not up to the nurse to decide. The supervisor or hospital attorney should inform the doctor of the legal requirement, and then the doctor should order, or refuse to order, the blood test. The nurse is not legally permitted to draw blood without a doctor’s order.
This is completely bogus that the nurse was put in this position at all. Someone with the proper authority to refuse or to approve the test should have been dealing with the cop. They were hiding behind her.
I have been in similar positions several times when families had to decide when to discontinue resuscitation efforts or arranging for urgent organ donations. Hospitals have trained people to assist with legal and administrative decisions. It is common for them to consult with the doctor on the floor when an immediate answer is required, and to stay until the crisis is resolved. Where were they? This nurse should have merely been one of a team, and she should not have been the primary spokesperson.
The police were not trying to force anybody to perform a procedure. The police officer is licensed and trained to take the blood himself without the nurse. She was arrested for obstruction of justice because she was interfering. I agree that she will likely receive a settlement, though. Just look at Michael Brown and “hands up don’t shoot” false narrative.
Yep. The 4th amendment applies - the constitution trumps his ego.
The police officer is licensed and trained to take the blood himself without the nurse.
1. Do you have a source for this?
2. Why didn’t the cop take the blood then?
Bad news for thug defenders =>
________________________________________________
SLC mayor, police chief apologize for officer who arrested nurse; criminal investigation to follow
Police department places two officer on leave as internal investigation continues.
I agree with you that the nurse should not have been in that position. I don’t know if someone else put her there, or if she inserted herself into it. I too feel bad for her. I do think that the news mischaracterized it, though. The cop gave her opportunity to remove herself but she didn’t. When the cop reached toward her she withdrew and started screaming. The police had also spoken with the hospital staff by phone and explained the implied consent and exigent circumstances they were relying on prior to their arrival.
“Bad news for thug defenders =>”
What’s that supposed to mean?
Not only did the cop not bother to get an electronic warrant (which would have taken maybe ten minutes), he did not bother to tell the nurse what law she was supposedly breaking.
This leads me to believe that the cop was not aware of any law that requires a truck driver give blood (assuming that such a law even exists).
The cop simply tried to bully the nurse. She held her ground. The cop felt disrespected. So he exploded. Just like a street thug does when he feel disrespected.
“Not only did the cop not bother to get an electronic warrant (which would have taken maybe ten minutes), he did not bother to tell the nurse what law she was supposedly breaking.”
Yes he did. Obstruction of justice and interfering with an investigation.
I hope she files a lawsuit against the officer for false imprisonment. Time to garnish his wages.
Moreover, files separate lawsuits against the county, the police department, the city and the State.
If the department is wise, then they will fire this police officer ASAP. He should be blackballed from ever being a police officer again.
Joe, this cop needed a warrant. Period.
If he cannot get one, ask why.
He has now put his career on the ropes course and major doubt he will finish.
“1. Do you have a source for this?
2. Why didn’t the cop take the blood then?”
1. It’s in the article.
2. Maybe he did, after the nurse was arrested. The article doesn’t say.
He is a Phlebotomist. A future doing drug screens for Home Depot is right up his ass.
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