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re: Hospital nurse arrested after refusing illegal blood draw order
Posted on 9/1/17 at 3:30 pm to NYNolaguy1
Posted on 9/1/17 at 3:30 pm to NYNolaguy1
quote:
Wubbels says blood cannot be taken from an unconscious patient unless the patient is under arrest, unless there is a warrant allowing the draw or unless the patient consents.
But, what does Utah law say? Louisiana has certain laws when it comes to deaths in crashes. Until this information is known, I hold back judgement on both sides.
1
Posted on 9/1/17 at 3:35 pm to ElderTiger
quote:
Where was a doctor ?
Not sure what a physician would do in this incident. Hospital admin should have been there, but I guess this was probably a weekend.
Posted on 9/1/17 at 3:37 pm to NYNolaguy1
quote:
Payne threatens to take Wubbels to jail if he doesn’t get the sample, and he accuses her of interfering with a criminal case.
“I either go away with blood in vials or body in tow,” Payne says.
After Wubbels consults with several hospital officials and repeats the policy, Payne tells her she is under arrest and grabs her, pulling her arms behind her back and handcuffing her. The footage shows the detective dragging Wubbels out of the hospital and putting her inside a patrol car
Typical badass cop. He should be prosecuted for kidnapping and/or false imprisonment. Of course he won't be, and nothing will happen to him, and if she sues, she won't get anything because we let cops get away with murder every day, so what's a little false imprisonment?
Law enforcement agencies need to clean out all their bad apples. A lot of people regard them literally as the enemy of the public, not helpful public servants. The more shite like this they pull and don't get seriously punished for, the more that perception will grow.
Cops=Thugs until they start acting otherwise.
Posted on 9/1/17 at 3:38 pm to Aristo
quote:
But, what does Utah law say? Louisiana has certain laws when it comes to deaths in crashes. Until this information is known, I hold back judgement on both sides.
I'm pretty sure I read that warrantless blood draws were ruled unconstitutional.
Posted on 9/1/17 at 3:40 pm to BluegrassBelle
If so, he is in the wrong and needs to be disciplined accordingly and to include his supervisor who gave him the go ahead.
And as I will always say, just get a dam warrant, they are really easy to get.
And as I will always say, just get a dam warrant, they are really easy to get.
Posted on 9/1/17 at 3:41 pm to BluegrassBelle
quote:
pretty sure I read that warrantless blood draws were ruled unconstitutional.
It depends. However, typically if a person is unconscious then they are deemed to consent to giving a sample.
Posted on 9/1/17 at 3:54 pm to Aristo
quote:
And as I will always say, just get a dam warrant, they are really easy to get.
I think that was the issue. They couldn't obtain a warrant because there wasn't probable cause or any reason to detain the guy since he was simply driving a rig and hit head on by a suspect being chased by the police. So this cop (and his sup) thought they'd just waltz right in there and everyone would comply.
I am curious why they were so desperate to get the draw. I know here there's been significant debate over whether car chases are worth it because of potential casualties. I wonder if they were hoping they'd find this trucker with booze or drugs in his system so they could pass blame on a chase gone wrong.
Posted on 9/1/17 at 3:57 pm to BluegrassBelle
Wow!! 12th page and I'm................
Inb4 "if she were black she'd probably be dead"
Also, cut the police force in half, require a 4 year degree, and pay them twice as much.
Inb4 "if she were black she'd probably be dead"
Also, cut the police force in half, require a 4 year degree, and pay them twice as much.
Posted on 9/1/17 at 3:59 pm to LSShoe1030
quote:
I tend to agree with the police in all situations,
You sound awful.
Posted on 9/1/17 at 4:21 pm to Scooby
quote:
I don't think it's admissible in court if obtained that way. You have to use everything provided in the kit supplied by the officer.
Hmmm. I'm no legal scholar and fortunately I've not been on the courtroom side of these things. I'd love to hear some of the resident OT lawyers weigh in on this.
I have seen court orders for medical records from trauma patients because the involved counsel wanted the labs, specifically the BAC.
Posted on 9/1/17 at 4:24 pm to PearlJam
quote:
Not sure if anyone has watched the extended body can footage from the other officer, but the douche supervising officer that arrived on scene post arrest should also be fired/disciplined.
I don't think I've ever seen a more condescending scene than the part of the video where the supervising cop is explaining to the handcuffed nurse why they think they have the authority to draw the blood.
It was really really bad. I highly recommend everyone watch it.
Posted on 9/1/17 at 4:41 pm to LZ83
quote:
The hospital administration should have stepped up and defended her.
yeah and got shot at, no thanks. cop's voice was clearly panicked, no telling what he would've done.
Posted on 9/1/17 at 4:41 pm to ClientNumber9
Maybe things have changed since I worked in the ED, but at the time police would not arrest the pt until he/she was being discharged from the hospital because they did not want the police department to be responsible for the bill.
The way that this imbecile handled the entire situation indicates that he is inept in decision making and should not have power or a gun.
The way that this imbecile handled the entire situation indicates that he is inept in decision making and should not have power or a gun.
This post was edited on 9/1/17 at 4:52 pm
Posted on 9/1/17 at 4:47 pm to Barneyrb
quote:
As a side note that cop is a dumbazz because one day that nurse or that hospital may be where he is taken after a wreck or being shot. Would you help him if he treated you that way?
She has demonstrated that she is professional enough to help him if he is ever brought in with an injury. That said, there has always been an understanding between ER staff and police that they have each other's backs.
Nobody in that ER will be in a hurry when he needs pain medicine or wants a private room or any other accommodations and will probably be wishing him a kidney stone in his future.
Posted on 9/1/17 at 4:51 pm to Nynna11
This story has caught fire. I am curious how the Department responds now that everyone is outraged.
Posted on 9/1/17 at 4:52 pm to Epic Cajun
quote:
Hospital admin should have been there, but I guess this was probably a weekend.
Article says July 26( Wednesday).
Hospital Administrators were on the speakerphone , defended the Nurse & eventually appeared in person.
I assume they never thought the Cops would "thug it up" on their poor Nurse.
Posted on 9/1/17 at 4:55 pm to brass2mouth
quote:
It depends. However, typically if a person is unconscious then they are deemed to consent to giving a sample.
The exact opposite of what you wrote is the truth.
Posted on 9/1/17 at 5:02 pm to brass2mouth
quote:
It depends. However, typically if a person is unconscious then they are deemed to consent to giving a sample.
That's absolutely incorrect.
It doesn't matter what State it takes place in, the 5th/14th Amendment prevents LEOs from taking blood without consent or a warrant.
Posted on 9/1/17 at 5:04 pm to brass2mouth
quote:
It depends. However, typically if a person is unconscious then they are deemed to consent to giving a sample.
Posted on 9/1/17 at 5:19 pm to BluegrassBelle
W
And to go down the rabbit hole even farther, what if his supervisor was the one who should have called off the chase?
quote:
wonder if they were hoping they'd find this trucker with booze or drugs in his system so they could pass blame on a chase gone wrong.
And to go down the rabbit hole even farther, what if his supervisor was the one who should have called off the chase?
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