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Message

re: Hospital nurse arrested after refusing illegal blood draw order

Posted on 9/1/17 at 8:04 am to
Posted by Pepe Lepew
Looney tuned .....
Member since Oct 2008
36113 posts
Posted on 9/1/17 at 8:04 am to
I'm guessing the manpower issue would apply if they were extremely busy. Not so sure about other claims.
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
26551 posts
Posted on 9/1/17 at 8:04 am to
Goddamn that is one lucky nurse. She's about to get a huge payday.
Posted by NYNolaguy1
Member since May 2011
20883 posts
Posted on 9/1/17 at 8:04 am to
quote:

I know you hate cops


Come on now. I dont hate cops. I just wish their average IQ and pay was much higher so we dont have to read stories like this.

In fact most of my problems actually lie far above LEO pay grade at the DA/court level. For the most part these guys just do what they are told. My beef isnt with them.

From the same link, this seems to be the problem...

quote:

Payne — who says he wanted the blood sample to protect the patient, not punish him — said he was advised by Lt. James Tracy, the watch commander on duty that night, to arrest Wubbels for interfering with a police investigation if she refused to let him get the sample, according to his report.
This post was edited on 9/1/17 at 8:32 am
Posted by NYNolaguy1
Member since May 2011
20883 posts
Posted on 9/1/17 at 8:09 am to
quote:

OP should change title, as far as I can tell it wasn't illegal it was just against Hospital policy. Hospital policy doesn't Trump the law,so while it's dumb to arrest the nurse I could totally see obstruction of justice.


Maybe some of the legal eagles can throw me a bone here, but didnt Birchfield v North Dakota establish a warrant, probable cause, or consent before drawing blood? The officer in the video acknowledges he has none of those...
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 9/1/17 at 8:11 am to
failure to comply. Shoulda tased her arse.

hope she has to make the cop sammiches as part of her sentencing.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36014 posts
Posted on 9/1/17 at 8:11 am to
quote:

OP should change title, as far as I can tell it wasn't illegal it was just against Hospital policy. Hospital policy doesn't Trump the law,so while it's dumb to arrest the nurse I could totally see obstruction of justice.

1. There was no warrant.

2. The patient wasn't under arrest.

3. The patient was unconscious.

The victim in this case was a driver injured in a crash that was caused by a police chase. They wanted his blood sample to prepare a comparative negligence defense to try and get out of a lawsuit that they thought would be forthcoming. Congrats on being an authoritarian tool.
Posted by TheDeathValley
New Orleans, LA
Member since Sep 2010
17152 posts
Posted on 9/1/17 at 8:12 am to
The patient was not even a suspect, a criminal running from police hit him.

Sidenote:

quote:

Wubbels, an Alpine skier who competed in the Winter Olympics in 1998 and 2002, when her last name was Shaffer, has worked as a nurse at University Hospital since 2009.
Posted by NYNolaguy1
Member since May 2011
20883 posts
Posted on 9/1/17 at 8:12 am to
quote:

failure to comply. Shoulda tased her arse.

hope she has to make the cop sammiches as part of her sentencing.


I am not sure this will turn out that way...
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
26551 posts
Posted on 9/1/17 at 8:13 am to
quote:

NolaAg04


What third rate law school did you drop out of your 1L year?
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 9/1/17 at 8:13 am to
quote:

OP should change title, as far as I can tell it wasn't illegal it was just against Hospital policy. Hospital policy doesn't Trump the law,so while it's dumb to arrest the nurse I could totally see obstruction of justice.


Cop had no warrant and the person had not been put under arrest which means not mirandized.

The blood sample would have been thrown out as evidence anyway.
Posted by NYNolaguy1
Member since May 2011
20883 posts
Posted on 9/1/17 at 8:14 am to
quote:

win stupid prices.


What you did there, I see it.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 9/1/17 at 8:14 am to
We need to get these guys more military equipment so they enforce the law as they see fit, maga.

The blood draw results would have been thrown out anyway which doubles down on the stupid.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36014 posts
Posted on 9/1/17 at 8:15 am to
No blood results and we're bringing in the tank!
Posted by Mo Jeaux
Member since Aug 2008
58647 posts
Posted on 9/1/17 at 8:16 am to
A significant portion of police are barely literate tools. I'm shocked that they don't understand anything other than brute force.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51270 posts
Posted on 9/1/17 at 8:16 am to
I hope that nurse sues the living shite out of the officer and the police department.

That is infuriating.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64490 posts
Posted on 9/1/17 at 8:17 am to
Piece of shite pig on a power trip.

Posted by Alabama Slim
2009,2011 BCS National Champions
Member since Jul 2007
9936 posts
Posted on 9/1/17 at 8:19 am to
quote:

They also said admin was on it's way.


it's funny, as soon as he heard that he decided it was time for her to go to jail.
Posted by Fat and Happy
Baton Rouge
Member since Jan 2013
16989 posts
Posted on 9/1/17 at 8:19 am to
That's normally done.

When a crash results in a death or serious injury, blood is always drawn.

There is nothing illegal about it.

People may not like it but it's how the process is done.
Posted by The Pirate King
Pangu
Member since May 2014
57653 posts
Posted on 9/1/17 at 8:20 am to
sigh
This post was edited on 9/1/17 at 8:21 am
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 9/1/17 at 8:21 am to
quote:

I am not sure this will turn out that way...



I see the nurse getting a nice check out of this. Maybe not "dragged off my American Airlines flight" money, but a pretty good bump. Lawyers will make a nice chunk too.
Detective will be back in uniform patrol if not fired. Dude pretty much shite the bed.

Unless there is more to the story- like cop knew the nurse knows the suspect and was trying to cover the guy. Regardless, the cop seems to have really screwed up.
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