The Supreme Court passed a federal law about this. The officer can't demand blood be drawn without a warrant. The nurse was obeying the law and doing what was right (and legal).

 

Frankly, even if she was in the wrong she didn't deserve being manhandled and roughed up. She's not a criminal. Just a nurse trying to do her job.

Not to pick on you (OK, maybe a little, but in a friendly way), but for you to say this, it must be really bad in your eyes.

 

I've posted on several of these an opinion not favorable of police, but because i tend to wait for all facts, (sometimes the original video or story does not tell an accurate story because many "news" sources aren't actually interested in news) people act shocked when I say something like that. I've said over and over that police will screw up sometimes. They're all humans afterall. There will be corrupt ones, stupid ones and ones that genuinely just screw up for whatever reason. However most do a great job and you rarely read about that.

The Supreme Court passed a federal law about this. The officer can't demand blood be drawn without a warrant. The nurse was obeying the law and doing what was right (and legal).

 

Frankly, even if she was in the wrong she didn't deserve being manhandled and roughed up. She's not a criminal. Just a nurse trying to do her job.

 

He was going to draw the blood himself. He wasn't trying to force her to.

 

I'm not saying he was right. Feel like i have to post that disclaimer anytime I say anything in these threads.

He was going to draw the blood himself. He wasn't trying to force her to.

 

I'm not saying he was right. Feel like i have to post that disclaimer anytime I say anything in these threads.

 

He's not allowed to do it himself either. They have to protect their patients

He was going to draw the blood himself. He wasn't trying to force her to.

 

I'm not saying he was right. Feel like i have to post that disclaimer anytime I say anything in these threads.

 

First of all, in order to "draw the blood himself," he has to be employed by the hospital, properly trained, and proof of his training kept in his files. The patient was a critically ill burn victim. I doubt the officer was certified to draw blood from an ICU patient whose risk of infection was exponentially higher than the average drunk/high person. In all my years, I have never seen an officer "draw blood himself."

 

Secondly, he was an unconscious burn victim. No one is more deserving of protection than an unconscious person. It is a health care workers duty to protect those who cannot speak for themselves. Wouldn't you want someone like her in your corner if it was you or a family member?

 

Thirdly, the issue of consent is huge here. There is implied consent when a life is at stake. Consent simply for police purposes is different. Patients have a legal right to refuse blood/urine testing unless proper legal channels are followed. If I drew a patient's blood illegally, I could theoretically be charged for assault.

 

Lastly, the patient most certainly had blood work already done from which a drug screen could be added (if not already done), so there was no rush to get "evidence". Blood drawn for routine testing is kept by the lab for up to a week. The hospital already had his blood, so all th police had to do was get a warrant.

 

I apologize for my soap box, but I am a nurse with decades of training and experience. She did exactly the right thing for her patient and her hospital.

First of all, in order to "draw the blood himself," he has to be employed by the hospital, properly trained, and proof of his training kept in his files. The patient was a critically ill burn victim. I doubt the officer was certified to draw blood from an ICU patient whose risk of infection was exponentially higher than the average drunk/high person. In all my years, I have never seen an officer "draw blood himself."

 

Secondly, he was an unconscious burn victim. No one is more deserving of protection than an unconscious person. It is a health care workers duty to protect those who cannot speak for themselves. Wouldn't you want someone like her in your corner if it was you or a family member?

 

Thirdly, the issue of consent is huge here. There is implied consent when a life is at stake. Consent simply for police purposes is different. Patients have a legal right to refuse blood/urine testing unless proper legal channels are followed. If I drew a patient's blood illegally, I could theoretically be charged for assault.

 

Lastly, the patient most certainly had blood work already done from which a drug screen could be added (if not already done), so there was no rush to get "evidence". Blood drawn for routine testing is kept by the lab for up to a week. The hospital already had his blood, so all th police had to do was get a warrant.

 

I apologize for my soap box, but I am a nurse with decades of training and experience. She did exactly the right thing for her patient and her hospital.

 

First of all, I know. He is apparently a part time EMT and licensed phlebotomist.

 

Im not sure why you went on the rest of your rant towards me.

He's not allowed to do it himself either. They have to protect their patients

 

He is qualified. I didn't say he was allowed.

You can't be forced to do anything without a warrant/court order.

 

There is a legal concept who's name I can't think of is where if it is reasonable to believe that evidence will be compromised in the time to get the warrant, i.e. the driver sobers up, the officer can act on probable cause and obtain the evidence. The defense attorney will probably use this defense. Not saying it will work but worth a try.

First of all, I know. He is apparently a part time EMT and licensed phlebotomist.

 

Im not sure why you went on the rest of your rant towards me.

 

My apologies. Clearly this is a hot button issue for me.

@Beechwoodfan is correct. The Warrent issued later could still use blood obtained on admission. No one is getting near my unconscious burn patient. On the other hand, @halfback20 is right . A CDL gives inplied concent to draw blood after any accident whether your fault or not. Federal law.

There is a legal concept who's name I can't think of is where if it is reasonable to believe that evidence will be compromised in the time to get the warrant, i.e. the driver sobers up, the officer can act on probable cause and obtain the evidence. The defense attorney will probably use this defense. Not saying it will work but worth a try.

 

Exigent circumstances.

You can support law enforcement and still understand that police will screw up from time to time.

Absolutely. This goes for every profession, including nursing and teaching (mine.) I can very much be pro-police but hate what this guy did.

So then the officer was right, the nurse was right, which makes @theguru right.

So then the officer was right, the nurse was right, which makes @theguru right.

We don't know if the nurse broke a law and if it would have been legal to arrest her.

We don't know if the nurse broke a law and if it would have been legal to arrest her.

 

I dont think she did.