“She told the officer a patient was required to give consent for a blood sample or be under arrest.”
This is what the nurse said and it is nonsense.
This would mean no person who is unconscious could ever have their blood taken for tests.
no it does not mean that it means they cannot take blood and give it to the police without consent or warrant totally different than taking blood from a person needing medical help.
“This would mean no person who is unconscious could ever have their blood taken for tests.”
They certainly can. With a WARRANT after filing PROBABLE CAUSE
As demanded in the CONSTITUTION by WE the PEOPLE
Your post is nonsense. There’s a big difference between the doctor taking blood and a cop demanding it.
ifinnegan,
i dont think you have any idea about what you are talking about...
you said “This would mean no person who is unconscious could ever have their blood taken for tests.”
First off if the pt came in unconscious blood draws are MEDICALLY needed to determine the potential reason for being unconscious (if the reason was unknown.) It is called STANDARD OF CARE and is deemed medically necessary. What medical necessity did the police have here??? How could it have helped in the MEDICAL CARE of the patient for the POLICE to order the blood draw?
Then comes the AUTHORITY to do the blood draw. Using your “point” only for MEDICAL CARE does a physician or other licensed personnel have the authority to order a blood draw/work. Or in the event that they are potentially unavailable there are set protocols in place for such occurences, a sort of if/then scenario. In this instance the “order” for the blood draw/work was given by a police officer who had NO AUTHORITY to do so. As per the statement of the nurse she even mentioned that there was an AGREEMENT, an agreed upon PROTOCOL if you will, set up between the hospital and the police on when the police can request blood draws/work on a patient. 1) Consent 2) Warrant (written or electronic) 3) pt under arrest. NONE OF THOSE PARAMETERS WERE FULFILLED SO THEREFORE THE REQUEST WAS UNLAWFUL AND INVALID!!!
So again to reiterate your position fails because criteria for police requesting the blood was invalid and not met AND when the blood work/draw is MEDICALLY needed it is permissible as standard of care protocols.
“This would mean no person who is unconscious could ever have their blood taken for tests.”
Again, that’s completely permissible to draw blood for medical tests.
When blood is drawn for criminal matters it requires the persons permission or a warrant.
100% of the time. By law.
I suspect you’re being purposely obtuse. Your argument is an example of Reductio Ad Absurdum. Of course an unconscious person can have blood drawn, if a doctor orders it. The LE ordering it without a warrant or the patient’s consent is a violation of the Fourth Amendment. It is the very definition of Unreasonable Search and Seizure.
There is a difference in medical necessity testing and gathering evidence for law enforcement purposes.
Ever heard of calling to get a warrant? If I am not under arrest then what is your basis for demanding a sample of my blood? You have none.
You are an idiot.
Are you a lawyer?
Nonsense. Dr's orders or Warrant or Suspect in a crime.
Federal truckers' regs would appear to run into HIPPA.