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re: Hospital nurse arrested after refusing illegal blood draw order
Posted on 9/1/17 at 10:19 am to theCrusher
Posted on 9/1/17 at 10:19 am to theCrusher
The drunk driver that hit you was most likely under arrest for driving under the influence. This guy wasn't under arrest.
0
Posted on 9/1/17 at 10:19 am to theCrusher
quote:
I was hit by a drunk driver and when they took her to the hospital (she fought them) the officer told me they can collect a blood sample without her consent once she's admitted.
The cop is wrong (not shockingly).
The can only withdraw blood once the arrest has been made and a warrant has been issued.
Posted on 9/1/17 at 10:20 am to theCrusher
quote:
My guess is the nurse is in the wrong unless the laws in Utah are different than the state of la.
pretty clearly established this is not the case
Posted on 9/1/17 at 10:23 am to slackster
quote:
Don't most studies suggest high speed chases are essentially are greater risk to the public than the criminal themselves?
Most studies? I would say ALL studies. Theres been discussion about it but many of those in LE are cowboys and adrenaline junkies and they absolutely LOVE "the chase" so I dont see that changing much with most departments. They should almost never engage in high speed pursuits. Once the warrant is issued theyll be caught eventually. Take plates and description and call it a day. They wont be on the street for long.
This post was edited on 9/1/17 at 10:24 am
Posted on 9/1/17 at 10:25 am to Mo Jeaux
quote:
A significant portion of police are barely literate tools. I'm shocked that they don't understand anything other than brute force.
The real root of the problem.
Posted on 9/1/17 at 10:27 am to USEyourCURDS
I pointed out in another thread that in the longer video she explains to the cop that the patient has already been given something (drugs) to make him more comfortable. She tells him that drawing blood is pointless because they have introduced drugs into his system. They also go on to discuss the routine blood draw that is taken when a patient first comes in, but at no point in the video did they ask for that sample. They were insistant on a blood draw. If you listen to him, he says any discrepancies in the blood draw would go away in civil litigation when it gets cross checked against the sample already taken. That's bullshite though! Discrepancies don't just go away. They would have used the blood draw of a man that had been admistered drugs by the hospital to tie up any settlement in court for years. They were trying to railroad the victim from the start because they didn't want to be liable for injuries that resulted from their high speed chase.
This post was edited on 9/1/17 at 10:28 am
Posted on 9/1/17 at 10:27 am to nes2010
quote:
How do you prove the owner was driving the car then? And what about stolen cars.
Thats called the cost of doing business. Sometimes you got to know when to hold em and when to fold em. Dangerous criminals arent long for freedom. They eventually get caught and if they dont then that means they werent a career criminal anyway and made an isolated mistake so they werent much of a threat to society to begin with. Its not worth the potential to kill or paralyze an innocent bystander.
This post was edited on 9/1/17 at 4:42 pm
Posted on 9/1/17 at 10:30 am to Epic Cajun
quote:She was following the law, doing/not doing what was within her rights, no?
That nurse was protecting the rights of an individual that she has a legal obligation to.
quote:Sure, if you want your argument to be all over the place and just fit your narrative when you want it to.
Sure you can.
Posted on 9/1/17 at 10:31 am to LucasP
quote:Sometimes!!!
Your rights stop the second a cop tells you to do something.
Posted on 9/1/17 at 10:33 am to theCrusher
quote:
the officer told me they can collect a blood sample without her consent once she's admitted.
Because they either had a warrant or probable cause,or both...
Posted on 9/1/17 at 10:35 am to NYNolaguy1
How is it illegal to draw blood on an unconscious patient?
Posted on 9/1/17 at 10:36 am to Isabelle81
quote:
How is it illegal to draw blood on an unconscious patient?
LEO cant get a blood draw unless theres either a warrant, consent, or probable cause the patient committed a crime.
Posted on 9/1/17 at 10:37 am to Isabelle81
quote:
How is it illegal to draw blood on an unconscious patient?
i feel like you are missing forest for the trees here
Posted on 9/1/17 at 10:38 am to Isabelle81
quote:Because they didnt' consent to it.
How is it illegal to draw blood on an unconscious patient?
Fwiw, it's specifically a police blood draw.
This post was edited on 9/1/17 at 10:39 am
Posted on 9/1/17 at 10:38 am to Isabelle81
quote:
How is it illegal to draw blood on an unconscious patient?
Because in 1789, the newly formed Congress passed the 5th Amendment which protects a person's privacy from government usurpation without due process. In 1865, following the Civil War, that protection was extended against the states via the 14th Amendment.
God bless power constitutions and severely limited governments!
Posted on 9/1/17 at 10:38 am to Isabelle81
quote:
How is it illegal to draw blood on an unconscious patient?
The same way it's illegal to perform any other medical procedure without consent. No consent, no cause, no warrant. The hospital policy is in place to prevent litigation against the hospital. And allowing a blood draw would be no different than allowing a drug test, aids test, or pregnancy test when the claim is filed. To the hospital admin, a pissed off cop is preferable to a claimant with a good case.
This post was edited on 9/1/17 at 10:40 am
Posted on 9/1/17 at 10:39 am to NYNolaguy1
Her lawyer should sue him and his dept for unlawful arrest, assault and I believe kidnapping would also fit here. I know kidnapping sounds funny here but it applies perfectly
(The crime of unlawfully seizing and carrying away a person by force)
(The crime of unlawfully seizing and carrying away a person by force)
Posted on 9/1/17 at 10:41 am to NYNolaguy1
quote:
LEO cant get a blood draw unless theres either a warrant, consent, or probable cause the patient committed a crime.
Even that is dicey. The Missouri v. McNeely case severely limits the power of LEOs to bypass an actual warrant even if probably cause is established.
Posted on 9/1/17 at 10:42 am to NYNolaguy1
Wouldn't the unconscious person having been involved in a collision that left another dead be cause? I would hope so, since it could be many hours before the patient is conscious and if there is a drug or alcohol level in his system, it would be much diminished after many hours. Something is wrong here.
Posted on 9/1/17 at 10:43 am to Isabelle81
quote:
How is it illegal to draw blood on an unconscious patient?
Legal or not, that is the law and the agreement that the Police made with the hospital. He can't just go demand something, she would be fired and sued by the patient. What is worse is the hospital admin was on the phone telling him he is making a mistake and that they were on the way done there. Once they said that he flipped out and tried to cuff her and get the hell out of dodge. She was complete respectful and had documentation, he did not. F that guy
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