Nurse Roughed Up and Taken into Custody for doing her job

[theguru]

Sure sounds like you are....Help me out if not.

 

woodsrider said want, you said force.

[UKMustangFan]

woodsrider said want, you said force.

 

So the officer was out of line. Gotcha.

[theguru]

So the officer was out of line. Gotcha.

 

Not necessarily.

[woodsrider]

So what you're saying is that if on my way home from work today I'm hit by a vehicle fleeing from the cops, and the fleeing driver dies, even if I'm simply driving along minding my own business, they're legally allowed to force me to submit to a blood test?

You can't be forced to do anything without a warrant/court order. I would assume even in the CDL example given in this thread had he been awake to refuse they couldn't force him without a court order. He would just forfeit his CDL.

 

Hell even with a court order I'm not sure what the law allows them to do to force you to give blood.

[halfback20]

So what you're saying is that if on my way home from work today I'm hit by a vehicle fleeing from the cops, and the fleeing driver dies, even if I'm simply driving along minding my own business, they're legally allowed to force me to submit to a blood test?

 

If you are conscious you can refuse, but they will most definitely get a search warrant for it. If you are unconscious, I've already posted about that.

[AverageJoesGym]

If you are conscious you can refuse, but they will most definitely get a search warrant for it. If you are unconscious, I've already posted about that.

 

But didn't it say that type of implied consent law was no longer in effect in Utah?

[halfback20]

But didn't it say that type of implied consent law was no longer in effect in Utah?

 

Not sure.

 

I know there is an investigation and i hate to judge without all facts but the more i read the more i think the police are going to get in trouble. I dont think it is her job to stop them from getting blood (the officer was going to do it himself) but i also dont think she physically tried to stop him.

[AverageJoesGym]

From the article:

 

In Thursday’s news conference, Wubbels’s attorney Karra Porter said that Payne believed he was authorized to collect the blood under “implied consent,” according to the Tribune. But Porter said “implied consent” law changed in Utah a decade ago. And in 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal. Porter called Wubbels’s arrest unlawful.

 

 

Not sure.

 

I know there is an investigation and i hate to judge without all facts but the more i read the more i think the police are going to get in trouble. I dont think it is her job to stop them from getting blood (the officer was going to do it himself) but i also dont think she physically tried to stop him.

 

I was just going by Guru's quote from the news article above and the way that the Police Chief made it a point to say that the proper procedure had been communicated to their blood collection team.

[Beechwoodfan]

I am reading a lot of back and forth on whether or not the officer was legally allowed to get the blood specimen. IMO, it doesn't matter here. The nurse was following the rule as she knew it, with the support of her superiors that she consulted on the phone. You can even hear the guy on the phone say "don't blame the messenger," and "officer, you are making a big mistake."

 

If there was a legal issue, she was doing her best to clarify in an attempt to do the right thing. The officer seemed to take offense at someone standing up to him and not give in to his bullying. He got angry and physically took it out on an innocent person.

 

I work with police officers every day, and the vast majority are great people working under tremendous stress. There are bad apples in every profession, and he is one bad apple!

[halfback20]

I am reading a lot of back and forth on whether or not the officer was legally allowed to get the blood specimen. IMO, it doesn't matter here. The nurse was following the rule as she knew it, with the support of her superiors that she consulted on the phone. You can even hear the guy on the phone say "don't blame the messenger," and "officer, you are making a big mistake."

 

If there was a legal issue, she was doing her best to clarify in an attempt to do the right thing. The officer seemed to take offense at someone standing up to him and not give in to his bullying. He got angry and physically took it out on an innocent person.

 

I work with police officers every day, and the vast majority are great people working under tremendous stress. There are bad apples in every profession, and he is one bad apple!

 

The officer was apparently ordered to arrest her by his Lieutenant based on what I've read. Could be wrong...

[lawildcat]

The biggest problem I have with this is the way he physically handled her as if she was a common criminal. He's a bully.

[AverageJoesGym]

Ironically, the injured truck driver is also a part time police officer.

 

2 officers have been placed on paid leave pending an investigation of their actions. On is the officer that botched the situation in the hospital, the other has not been named. I'd have to assume it is his Lt. that gave him the improper instructions.

 

The hospItal is considering pressing charges.

[True blue (and gold)]

The officer was apparently ordered to arrest her by his Lieutenant based on what I've read. Could be wrong...

Do you have a link to that reading?

[True blue (and gold)]

What exactly was she charged with?

[AverageJoesGym]

What exactly was she charged with?

 

Nothing. She was not charged at all. Just bullied, assaulted, cuffed and placed in the Police car for 20 minutes before the officer realized he screwed up.