re: Hospital nurse arrested after refusing illegal blood draw order

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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.

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I'm pretty sure as of a SCOTUS case in 2016, that is incorrect.

If her lawyer is worth a shite she'll get paid.

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The patient was unconscious. He can't consent to the procedure. And there was no court order or warrant authorizing the hospital to give law enforcement a sample. There is a reason why this nurse wasn't even charged with a crime: she didn't commit one. If the police department thought they were entitled to blood, they would have charged her with a crime.

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Being as the LEO knew it would have been an unlawful search/seizure, and he decided to arrest her anyway, does that open him up to a 1983 action in fed court?

Did Birchfield specifically address cases of crashes with injuries? I could see the court recognizing this as a legitimate exception to the Birchfield ruling or holding that there is no difference. Just a quick check of the Googles doesn't show either way. I would think as the availability of e-warrants becomes more widespread that courts will draw a harder line on the necessity of obtaining warrants prior to searches and seizures.

Our agency has an electronic document accountability system. When new court decisions come out or legislative changes are made to statutes, we have to e-sign stating we have read and are up to date on the changes. If this officer's agency has a similar system in place, he could be in deep kimshee. If not, the agency and not necessarily the officer may be on the hook (failure to train, etc).

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

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I took a CHL refresher and the teacher was a Harris County Sheriff. He did an hour on what to do when a police officer stops you and you produce your CHL. He started with the statement " Unfortunately every police department in the world has to recruit their officers from the human race. You never know what is going to happen when you are stopped."

He then proceeded to tell us a few stories about some of the stupidity that he experienced being stopped when he wasn't in uniform.

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If not, the agency and not necessarily the officer may be on the hook (failure to train, etc).

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Ignorance of the law isn't an excuse.

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The article also states that the injured is a cop and they were quickly trying to release him of any wrongdoing.

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Gray is a truck driver when he is not serving as a reserve police officer, according to the Idaho State Journal.
At about 2 p.m. on July 26, Gray was driving a semi north on State Road 89/91 near Sardine Canyon when a man fleeing from the Utah Highway Patrol crashed a pickup truck into him head-on, according to Logan police, who investigated the collision.

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The patient was unconscious and not facing criminal charges(no warrant). You can't draw the blood on him, no matter how much the police try to force you to.

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That's normally done.

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So people normally get arrested when they don't comply with an illegal request from the authorities?

You're probably right, but that doesn't make it right.

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Did Birchfield specifically address cases of crashes with injuries? I could see the court recognizing this as a legitimate exception to the Birchfield ruling or holding that there is no difference. Just a quick check of the Googles doesn't show either way. I would think as the availability of e-warrants becomes more widespread that courts will draw a harder line on the necessity of obtaining warrants prior to searches and seizures.

Our agency has an electronic document accountability system. When new court decisions come out or legislative changes are made to statutes, we have to e-sign stating we have read and are up to date on the changes. If this officer's agency has a similar system in place, he could be in deep kimshee. If not, the agency and not necessarily the officer may be on the hook (failure to train, etc).

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Thats a better question for the lawyers on the board.

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probable cause to believe the victim committed a crime

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how is that not reasonable suspicion you were driving intoxicated...which is a crime...if for example he was driving on the wrong side of the road.