Posted on 09/01/2017 7:56:22 PM PDT by 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.
(Excerpt) Read more at fox13now.com ...
There is an argument floating around here that DOT regulations allow the taking of a commercial truck-driver’s blood without his consent, and without a warrant.
I find that very hard to believe. I can believe that a trucker can be penalized if he refuses consent. Maybe lose his license. But I can’t believe that - without a warrant, and without consent - a cop can just waltz in and take blood.
In my opinion, this nurse is a patriot for standing up for the rights of the trucker. I suggest that the USS Harvey Milk be renamed the USS Alex Wubbels (that’s the nurse).
even if there was a smidgeon of legality in this cops actions, the way he grabbed the nurse like she was some kind of murderer is atrocious...
Can you imagine how this would have turned out had there been no video of the incident?
Cop: the nurse took an aggressive stance, then she lunged at me. I backed away. Then I think she tried to grab my gun. That’s when I had to restrain her.
There was nothing to bring her up to speed about. DOT has no jurisdiction over hospital staff, only over truck drivers.
The jackboot lickers will not be happy.
The trucker is a reserve police officer in another department.
Exactly!
Actually, he just gets blacklisted. A drug test refusal means that most companies will not hire him. And if he tries to start his own company he may find it hard to get insured. He doesn't lose his license though, and the cops cannot take a sample from him by force.
Yeah. I’m in the area. The video is all over every news station. The cop is not only toast, but extremely burnt toast. What a domineering jerk.
This story has legs. Some FReepers are trying to defend “Barney” but it isn’t working out.
And I think it is the CDL holder’s employer that gets the test done (with consent of the driver, penalties if driver refuses and “exceptions/work arounds” if injured in a crash...local SLC PD wouldn’t be doing DOT’s work I don’t think). My theory...police trying to cover their behinds on a pursuit gone bad. Also, nobody mentions much that the detective was on the “blood draw team” (phlebotomist) for the PD...so he wasn’t asking the nurse to do the draw...was going to do it himself and got blocked. 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”. I think the cop in question said in his report that that is what he was doing...just handled the interaction with the nurse very badly.
http://www.utahduilegal.com/warrantless-blood-draws/
http://cbaclelegalconnection.com/2017/04/colorado-supreme-court-warrantless-blood-draw-unconscious-driver-not-violate-fourth-amendment/
https://www.usnews.com/news/best-states/wisconsin/articles/2017-03-01/court-police-can-take-blood-from-unconscious-drivers
There are plenty of people supporting this officer in facebook comments.
The LE still needed a warrant. The hospital even accepts electronic warrants. He was completely in the wrong. She was following the law, he was not.
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. If the law re CDL drivers works the way many here think it is that would not make sense.
Many here do not seem to realize the hospital and the nurse have laws to follow as well concerning patient care and privacy and other patient rights.
The days of old when LE and hospitals could do pretty much what they wanted are long gone.
“probable cause and exigent circumstances”.
Love to see what crime they had probable cause which they were investigating. They may have had suspicion he was drunk or had been drinking but that is not at the level of probable cause.
Someone was right on the money, they were trying to cover their backsides for a dumbass chase.
Except...the hospital and LE had a written agreement that stated one of three conditions had to be met: patient consent, patient under arrest, warrant. Hospital policy was based on the agreement. The nurse had to follow it. That agreement was what she was showing him.
What is the nurse’s theory? That she had the right to sequester the perpetrator? Like a sanctuary in a church?
I think those cops could have dragged the perp out of the hospital bed and tossed him in the back of a cruiser if they wanted to. She had no more right to protect him than if he had run into a message parlor.
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?
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