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re: Hospital nurse arrested after refusing illegal blood draw order
Posted on 9/1/17 at 8:23 am to Fat and Happy
Posted on 9/1/17 at 8:23 am to Fat and Happy
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.
This post was edited on 9/1/17 at 8:24 am
1
Posted on 9/1/17 at 8:25 am to SCLibertarian
quote:
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.
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?
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