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Message
re: Hospital nurse arrested after refusing illegal blood draw order
Posted on 9/1/17 at 8:27 am to NYNolaguy1
Posted on 9/1/17 at 8:27 am to NYNolaguy1
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).
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).
Posted on 9/1/17 at 8:30 am to SoFla Tideroller
quote:
If not, the agency and not necessarily the officer may be on the hook (failure to train, etc).
Ignorance of the law isn't an excuse.
Posted on 9/1/17 at 8:38 am to SoFla Tideroller
quote:
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).
Thats a better question for the lawyers on the board.
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