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

Posted on 9/1/17 at 8:58 pm to
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
37649 posts
Posted on 9/1/17 at 8:58 pm to
quote:

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

From the article:
quote:

Gill says Brown will choose an outside police agency to investigate.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
37649 posts
Posted on 9/1/17 at 9:02 pm to
quote:

The nurse? I agree.

I think you have a misunderstanding of the situation. The patient was struck by a criminal who was fleeing police. He didn't cause the accident. The criminal suspect, who died at the scene, crossed the median and hit him head on. In fact, the patient is a reserve police officer, himself.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 9/1/17 at 9:05 pm to
quote:

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



Doesn't matter.

If you want to figure that out, get a warrant/subpoena for documents or even the blood draw.

quote:

HIPPA has its place of course.


Oh cool. Thanks for mentioning that.

quote:

"Well being" makes zero sense in your argument. The man was being cared for.


It means what it means.

quote:

All due respect, but I think you are pulling that straight from your arse that your boyfriend left gaping.



You're the one that's excusing away violating a patient's privacy, HIPAA, the law and bowing down to out of control thug cops because it's convenient for you.
Posted by mmcgrath
Indianapolis
Member since Feb 2010
37131 posts
Posted on 9/1/17 at 9:07 pm to
quote:

I dont understand the detective in this case. If there was some sort of criminal proceeding would they just subpoena the hospital records?
He didn't care about criminal proceedings. They could use it to blackmail the truck driver to prevent a lawsuit. Legally obtained or not the blood sample could have threatened his job as a truck driver and a reserve police officer.

They had no reason to believe the guy in the hospital did anything wrong. He was driving his truck in the right lanes when the criminal involved in a police chase crossed over lanes and hit him head on.

They were worried about one thing: getting sued for continuing a dangerous high speed chase.
This post was edited on 9/1/17 at 9:08 pm
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 9/1/17 at 9:09 pm to
quote:

She's just doing her job and this cop complicated it. She further complicated it. And complicated her own life.




Thug cops love people like you.
Posted by Blizzard of Chizz
Member since Apr 2012
20718 posts
Posted on 9/1/17 at 9:16 pm to
quote:


Guy was a critical unconscious probably intubated patient. Probably had extra vials of his blood laying around.


The guy was critically burned and was given drugs by the emt. Its in the article. She also mentioned that the hospital had given him something to make him comfortable (drugs). I don't care if they had a warehouse of his blood, it's useless because it would all contain the drugs the medical professionals induced into his system. This was all about railroading this guy down the road for any civil action he takes against the police. The second cop tells the nurse it doesn't matter if the hospital had induced drugs into his system because any civil litigation would sort it out by checking the blood they wanted to draw vs the blood the hospital already drew when he was admitted.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27592 posts
Posted on 9/1/17 at 9:16 pm to
quote:

think you have a misunderstanding of the situation. The patient was struck by a criminal who was fleeing police. He didn't cause the accident. The criminal suspect, who died at the scene, crossed the median and hit him head on. In fact, the patient is a reserve police officer, himself.



Oh wow. Never mind. I'm out.

What was the cop investigating then. I thought the story was opposite.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
37649 posts
Posted on 9/1/17 at 9:18 pm to
quote:

What was the cop investigating then.

Trying to protect themselves from future litigation.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27592 posts
Posted on 9/1/17 at 9:22 pm to
quote:

The guy was critically burned and was given drugs by the emt. Its in the article. She also mentioned that the hospital had given him something to make him comfortable (drugs). I don't care if they had a warehouse of his blood, it's useless because it would all contain the drugs the medical professionals induced into his system. This was all about railroading this guy down the road for any civil action he takes against the police. The s


I had their roles reversed. You are correct. The guy would be positive for opiates and benzos and maybe barbituates. But they could be further isolated I believe to determine which opiates and benzos and serum levels.

But again, I can't wrap my head around what they were investigating.
Posted by Blizzard of Chizz
Member since Apr 2012
20718 posts
Posted on 9/1/17 at 9:23 pm to
quote:

What was the cop investigating then. I thought the story was opposite.


I think that's the heart of the story. No one can seem to explain what they were investigating. The guy in the hospital wasn't a suspect, he wasn't under arrest and he was unconscious. Why were the cops hell bent on getting a blood sample? The nurse is simply saying you aren't meeting any of the requirements that compels me to draw his blood. I maintain is was nothing but the cops attempting to rail road this guy in any future civil litigation by try to claim he had drugs in his system.
Posted by northshorebamaman
Cochise County AZ
Member since Jul 2009
37649 posts
Posted on 9/1/17 at 9:24 pm to
quote:

I maintain is was nothing but the cops attempting to rail road this guy in any future civil litigation by try to claim he had drugs in his system.


This is definitely a case that goes deeper than the arresting officer. Someone sent him there.
Posted by NYNolaguy1
Member since May 2011
21705 posts
Posted on 9/1/17 at 9:26 pm to
quote:

A quick "this patient is under my care, if you want tests done come back with a medical degree or a warrant, otherwise you are harassing my busy nurses blah blah detrimental to delivery of care my whole department".


Careful, you might have some on here telling the doc to "obey a lawful order" or get arrested. Chances are this LEO would have put cuffs on the doc, and you would still have people defending the LEO.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27592 posts
Posted on 9/1/17 at 9:27 pm to
quote:

No one can seem to explain what they were investigating. The guy in the hospital wasn't a suspect, he wasn't under arrest and he was unconscious. Why were the cops hell bent on getting a blood sample? The nurse is simply saying you aren't meeting any of the requirements that compels me to draw his blood. I maintain is was nothing but the cops attempting to rail road this guy in any future civil litigatio


Yep. Again I am out. I'd have another "critical patient" if I were his nurse. Between that and the sudden gastroenteritis I'd contract that blood would be a while to draw. Or I would just "miss".
Posted by Blizzard of Chizz
Member since Apr 2012
20718 posts
Posted on 9/1/17 at 9:30 pm to
quote:

The guy would be positive for opiates and benzos and maybe barbituates. But they could be further isolated I believe to determine which opiates and benzos and serum levels.



The second cop who talks to her in the car tips his hand. When she explains that he has been given drugs by the hospital and a blood draw is useless, he starts rambling about "well you got the samples from when he came in. In civil litigation this will be taken care of because the sample will be checked against the hospital sample". It's bullshite because the emt's admistered drugs, which would be present in the hospital blood draw. They would have essentially been able to tie this guy's claim up in court for years. He would need a mountain of experts to prove those drugs weren't in his system at the time of the accident, and the state would have been there with their own experts to refute it. It's a complete screw job, and they got caught red handed
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27592 posts
Posted on 9/1/17 at 9:36 pm to
There's a chain of custody though with blood drawn without the LEO there.

Don't know how admissible it is if he was the criminal here much less them trying to fight a civil suit.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27592 posts
Posted on 9/1/17 at 9:43 pm to
quote:

Doesn't matter.

If you want to figure that out, get a warrant/subpoena for documents or even the blood draw.



A. I am in Texas. Fatality, it is not needed. No consent is needed in fatality or serious bodily injury.

B. I'm out. The roles of the accident victims are reversed. I'd absolutely have a problem fricking over my patient who did zero to get himself where he is.

quote:

It means what it means.



Thanks for mentioning that.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 9/1/17 at 9:44 pm to
quote:

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


No. This would have gotten the entire hospital system sued. They would lose, BIG.

quote:

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


For the most part, this has already been hashed out in the courts. Hence my comment about, was a CDL involved. If so the cop would most likely be operating under the color of law. If not, he is fricked.


quote:

And if I were the nurse I would be a poor witness for the prosecution


I disagree. She is going to be a star witness for the § 1983 civil rights case that will get her handsomely paid.

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.


Statements like this make me think I have a future in consulting both LE agencies and other professional institutions on 4th Amendment and Evidentiary issues.




Posted by Five0
Member since Dec 2009
11354 posts
Posted on 9/1/17 at 9:46 pm to
quote:

The guy tried to abuse his power every which way.


I think authority is a better word to describe what the officer abused. He did not know the limits of said authority.

As a former LEO, my free advice to any LEO is: KNOW YOUR LANE AND STAY IN YOUR LANE.
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27592 posts
Posted on 9/1/17 at 9:50 pm to
quote:

No. This would have gotten the entire hospital system sued. They would lose, BIG.



I am retracting most of my statements counselor. I had the accident victims roles reversed.

quote:

Statements like this make me think I have a future in consulting both LE agencies and other professional institutions on 4th Amendment and Evidentiary issues.



Texas and DPS. That incident the trooper had supervisor approval and there was an apparent victim being flown to a trauma center.
Posted by Blizzard of Chizz
Member since Apr 2012
20718 posts
Posted on 9/1/17 at 9:54 pm to
quote:

Don't know how admissible it is if he was the criminal here much less them trying to fight a civil suit.




The second cops position seemed to be they were entitled to draw blood and screw everyone else because it will get sorted out in civil action. That's why I say he was getting rail roaded. They were stacking the deck against this guy before he ever had a chance to pursue legal action and playing the odds that the courts would sort it out.
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