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re: Former Olympic Athlete turned nurse handcuffed by Billy Badass cop

Posted on 9/1/17 at 7:49 pm to
Posted by ctalati32
Member since Sep 2007
4060 posts
Posted on 9/1/17 at 7:49 pm to
quote:

Negative. Admins would have had to step in to get me to stop. It's the cops problem if his sample didn't hold up in court.



Open and shut assault case.

quote:


I've drawn countless samples on drunks for DPS in years past.



But you do this with the purpose of treatment. In that case there is implied consent from an unconscious patient for treatment purposes. Since this was solely for evidence it is not allowed under implied consent and a warrant would be needed.
Posted by BigJim
Baton Rouge
Member since Jan 2010
14509 posts
Posted on 9/1/17 at 7:55 pm to
That works both ways. But the hospital can afford security. Can the cops afford their own hospital?

The cops here screwed up and they DIDN'T EVEN SUSPEND THE GUY!!!!!
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 9/1/17 at 8:00 pm to
quote:


A blood draw for investigation's sake and nothing to do with the patient's well being is prohibited if there's no warrant or the patient is not under arrest. Even the results of the blood taken under the draw used to to determine how to treat him is prohibited if no warrant/subpoena.


I am just saying a doctor could easily order a drug screen anytime a patient was involved in an accident and is unconscious... Im not saying the doctor should just order the labs, but if the doc did, Id be willing to bet almost anything cops would get a hold of those records if they wanted.

I was just saying your other statement was not always necessarily the case. We do agree that the hospital staff made the right call 100% here.
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 9/1/17 at 8:11 pm to
quote:

He was in the burn unit so the doctors may have been on call. The nurses probably run the unit. Or the regular doctor could have been hiding.



I understood it to be in the ER, not a specific unit. Either way nurses usually run the show wherever they are especially in the ER, docs show up for their shift.
Any time I have seen nurses catch grief from a patient or someone the doc has stepped in and made that person leave. Thats what caused my confusion regarding the nurse talking to someone over the phone, I couldn't imagine an ER doc letting his nurse get arrested over garbage
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27014 posts
Posted on 9/1/17 at 8:14 pm to
quote:

People like you are the reason why HIPAA is a necessary pain in all of our asses


Lol. How so?

Again, I am not defending the cop. He is a fricktard who probably lost whatever evidence that blood could have given by his actions. His evidence is tainted and the way it was collected is on YouTube as a shite show for all to see.

The admins instructing that nurse should have stepped up. There should have been a house supervisor there and hospital legal if it was daytime. Night is only gonna be a house supervisor. When it escalated to that point they should have just given that nurse the blessing to draw the blood. The legality of its collection is for courts to hash out. And if I were the nurse I would be a poor witness for the prosecution after that treatment. The cop absolutely made an ally an enemy.

Any hospital that would put my feet to the fire and fire me for collecting an extra tube of blood on a guy who already has multiple IVs and multiple samples drawn, with a cop in my face? frick that hospital.

I am in Texas though. An accident with a fatality or possible serious bodily injury (pretty loose term) they do not need to consent.

I watched a DPS officer "compel" a sample from a DUI suspect with hammer fists and a choke hold. Lol. We were all thinking "this is fricked up" but I'm not gonna tell a pissed off cop how to do his job. It probably won't end well. You can be right in handcuffs or you can be slightly suspect and go about your shift. Easy choice for me. Especially when we are talking about a possible/probable drunk.
Posted by mizzoubuckeyeiowa
Member since Nov 2015
35583 posts
Posted on 9/1/17 at 8:19 pm to
quote:


The cops here screwed up and they DIDN'T EVEN SUSPEND THE GUY!!!!!


We need to stop saying screwed up.

Fool me once, shame on you, fool me twice, shame on me.

These aren't "mistakes" or rougue screw-ups. We have constant videos of the same thing.

That's a culture. That's a deliberate attitude supported and nourished in the profession.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 9/1/17 at 8:19 pm to
quote:

For God's sakes of course you have to have a warrant.


She will get paid, but if this involved a CDL it will change things for the officer.
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
20250 posts
Posted on 9/1/17 at 8:23 pm to
quote:

That cop couldn't be more wrong. His response to her reasoned explanation of policy was unwarranted.


Part of the problem in the first place
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27014 posts
Posted on 9/1/17 at 8:23 pm to
quote:

charged? Simply that she stuck a needle in someone without authorization. Especially if the person presses charges.


Person sounded critical and was already stuck multiple times. Unconscious. I could point to "implied consent" or Good Samaritan laws or "obeying a lawful order". I'm not a lawyer. I do not know the difference. I could also claim fear of arrest.

quote:

lose her license? See 2, or 3...


BON here and depending on her state a number of nursing unions would run to her defense. Having a license pulled requires a LOT. Stealing narcotics MULTIPLE TIMES, gross incompetence, or felony arrests.
Posted by LSUTANGERINE
Baton Rouge LA
Member since Sep 2006
36113 posts
Posted on 9/1/17 at 8:29 pm to
The asshat cop got pissed off when the guy on the phone politely said "you are making a huge mistake". The guy tried to abuse his power every which way.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27014 posts
Posted on 9/1/17 at 8:29 pm to
quote:

But you do this with the purpose of treatment. In that case there is implied consent from an unconscious patient for treatment purposes. Since this was solely for evidence it is not allowed under implied consent and a warrant would be needed.


Incorrect. DPS alone at the back door with a guy in cuffs. They have their own kit in hand. You draw as a professional courtesy. The patient is not even signed in. You run your arse out there and draw or they WILL leave the guy there for you to take care of out of spite. You hem and haw about it too long the suspect realizes "hey if I have 'chest pain' I can stay here instead. " Cops don't stick around through treatment unless the guy killed 5 people or robbed a bank.
Posted by makinskrilla
Lafayette, LA
Member since Jun 2009
9728 posts
Posted on 9/1/17 at 8:30 pm to
I dont understand the detective in this case. If there was some sort of criminal proceeding would they just subpoena the hospital records?
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 9/1/17 at 8:40 pm to
quote:

When it escalated to that point they should have just given that nurse the blessing to draw the blood.


And risk a lawsuit from the patient? The patient that was a victim in a car crash?

Are you out of your mind?

quote:

The legality of its collection is for courts to hash out.


Or the cop could just follow the law that he should know and that he's paid to enforce?

quote:

Any hospital that would put my feet to the fire and fire me for collecting an extra tube of blood on a guy who already has multiple IVs and multiple samples drawn, with a cop in my face? frick that hospital.


Or the hospital has an obligation to protect the patient's privacy and well being more than they're protecting you and your delicate feelings about your workplace.

No offense but you sound like a shitty nurse.

quote:

I watched a DPS officer "compel" a sample from a DUI suspect with hammer fists and a choke hold. Lol. We were all thinking "this is fricked up" but I'm not gonna tell a pissed off cop how to do his job. It probably won't end well. You can be right in handcuffs or you can be slightly suspect and go about your shift. Easy choice for me. Especially when we are talking about a possible/probable drunk.


For evil and bad acts to prevail, good men must do nothing.

quote:

LSU alum wannabe



For someone who claims to not be defending the shitty cops here, you sure are one hell of an apologist and bootlicker for them.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27014 posts
Posted on 9/1/17 at 8:42 pm to
quote:

there was some sort of criminal proceeding would they just subpoena the hospital records?



Lawyers chime in here, makinskrilla, you may be a lawyer? I thought chain of custody would be an issue with a hospital obtained specimen? Also the equipment a hospital lab uses Vs. a crime lab or pathologist? Whomever.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
35509 posts
Posted on 9/1/17 at 8:46 pm to
quote:

The cops here screwed up and they DIDN'T EVEN SUSPEND THE GUY!!!!!

He's on paid leave and a criminal investigation is soon to be underway.
quote:

Salt Lake City police say an officer seen on video dragging a screaming nurse from a hospital and handcuffing her will be put on paid administrative leave after prosecutors called for a criminal investigation.

Police Chief Mike Brown said in a statement Friday that his department will comply with the investigation into Detective Jeff Payne. He arrested nurse Alex Wubbels after she refused to allow blood to be drawn from an unconscious victim, in line with hospital policy.

Salt Lake County's Unified Police Department will run the criminal probe into Payne's actions on July 26, which got widespread attention after Wubbels and her lawyers released the dramatic video Thursday.
LINK
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
35509 posts
Posted on 9/1/17 at 8:54 pm to
quote:

Especially when we are talking about a possible/probable drunk.

But we're not discussing that. We're discussing the victim.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27014 posts
Posted on 9/1/17 at 8:55 pm to
quote:

Or the cop could just follow the law that he should know and that he's paid to enforce?



Do not disagree. That cop was a lazy frick. His evidence would/will probably be tossed.

quote:

The patient that was a victim in a car crash?



And possibly at fault for a fatality in the same crash as I understand it.

quote:

Or the hospital has an obligation to protect the patient's privacy and well being more than they're protecting you and your delicate feelings about your workplace.



HIPPA has its place of course. "Well being" makes zero sense in your argument. The man was being cared for.

quote:

No offense but you sound like a shitty nurse.



All due respect, but I think you are pulling that straight from your arse that your boyfriend left gaping.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 9/1/17 at 8:57 pm to
quote:

Salt Lake County's Unified Police Department will run the criminal probe into Payne's actions on July 26,


Is this a separate and different department from the one where the thug cop works at?

I've never understood why cops who frick up are never investigated by a prosecutor or a PD that does not have a conflict of interest with him.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
35509 posts
Posted on 9/1/17 at 8:57 pm to
quote:

And possibly at fault for a fatality in the same crash as I understand it.

How? He was hit by a suspect who was fleeing the police.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27014 posts
Posted on 9/1/17 at 8:58 pm to
quote:

But we're not discussing that. We're discussing the victim.




The nurse? I agree. She's just doing her job and this cop complicated it. She further complicated it. And complicated her own life.
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