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Utah nurse says videos show she was unlawfully arrested, assaulted by police officer

Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

apdst said:
I'm presenting you with information that you didn't even know existed. I'd say i'm doing pretty good.
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How's that citizens arrest info doing for you? Lol
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

apdst said:
No, you don't. Acquiring the drug screen sample is part of the post-accident investigation.
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Not without a warrant counselor
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

vegas giants said:
Not without a warrant counselor
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If there is a refusal, it will be treated as a positive sample and treated accordingly.
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

vegas giants said:
How's that citizens arrest info doing for you? Lol
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What are you talking about?
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

Winchester said:
/snip He didn't have a warrant and the patient wasn't under arrest, he apparently had no legal authority to demand a blood sample, got frustrated and abused his power.
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This is the whole story in one sentence.
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

apdst said:
What are you talking about?
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It's ok buddy. Lol
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

apdst said:
That isn't what Wubbels said.

And, you didn't quote from the post-accident procedure. Don't be dishonest.
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I am not dishonest, but if there is any blood taking by the police, it has to be done through consent or warrants and you can only have a warrant if there is a suspicion of something illegal.

This whole song and dance with those regulations is nonsense. This man had done nothing wrong, his employers might have been able to demand he take such a test, the police cannot.

In the after the accident section is says:

Question 1: Why does the Federal Highway Administration (FHWA) allow post-accident tests done by Federal, State or local law enforcement agencies to substitute for a §382.303 test even though the FHWA does not allow a Federal, State or local law enforcement agency test to substitute for a pre-employment, random, reasonable suspicion, return-to-duty, or follow-up test? Will such substitutions be allowed in the future?

A highway accident is generally investigated by a Federal, State, or local law enforcement agency that may determine that probable cause exists to conduct alcohol or controlled substances testing of a surviving driver. The Federal Highway Administration (FHWA) believes that testing done by such agencies will be done to document an investigation for a charge of driving under the influence of a substance and should be allowed to substitute for a FHWA-required test. The FHWA expects this provision to be used rarely.
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Which means they can just take blood (instead of urine which is the only allowed test under the FMCSA regulations) but only if probable cause exists to conduct alcohol or drug testing, but that does not mean that no warrant is needed because that is what the supreme court has ruled that the police must have to draw blood.

This driver was not under suspicion. And if there is not enough probable cause to get a warrant (which the supreme court has ruled police needs to take someone's blood) then there is no case of probable cause. Being rammed by an idiot driver being chased by the police is not probable cause. And if the officer did think there was probable cause

He would have still needed a warrant!!!
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

apdst said:
If there is a refusal, it will be treated as a positive sample and treated accordingly.
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Good. So you can't force it from him. Finally!!!!
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

apdst said:
No, you don't. Acquiring the drug screen sample is part of the post-accident investigation.
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But only if there is probable cause and if there was such a thing he would have been under arrest or under suspicion and that still would not have negated the fact that to draw blood from a suspect you need a warrant
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

:coffeepap

Utah hospital bars police from contact with nurses after ‘appalling’ arrest

By Fred Barbash September 4 at 8:27 PM

The University of Utah Hospital, where a nurse was manhandled and arrested by police as she protected the legal rights of a patient, has imposed new restrictions on law enforcement, including barring officers from patient-care areas and from direct contact with nurses.......

.......She said police will no longer be permitted in patient-care areas, such as the burn unit where Wubbels was the charge nurse on the day of the incident.

In addition, officers will have to deal with “house supervisors” instead of nurses when they have a request.......



https://www.washingtonpost.com/news...ling-arrest/?tid=ss_tu&utm_term=.51c8a352d689
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

apdst said:
If there is a refusal, it will be treated as a positive sample and treated accordingly.
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Not by the courts.
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

JamesBY said:
In your opinion, but not in the law, no, not in the slightest.
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No opinion; but in law. I posted the law that says so.
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

apdst said:
No opinion; but in law. I posted the law that says so.
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You misapplied the law, you were corrected, then you doubled down on the misapplication.
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

If I'm understanding this situation correctly:

Police were chasing someone at high speed.
During the chase, the pursued individual crashed into a truck.
The driver of that truck was in the hospital.
For reasons which are unknown, a police officer demanded a blood sample from the truck driver.
Because the:
  1. Truck driver was unconscious, and thus unable to give consent.
  2. Police officer did not have a warrant.
  3. Truck driver was not a suspect in any crime.
The nurse correctly said she would not provide the blood sample.
The police officer then grabbed/assaulted the nurse, moving her outside and arresting her for...reasons.

It seems clear to me that the police officer was in the wrong, based on this information.


Edit: Also, this: https://www.nbcnews.com/news/us-new...ested-utah-nurse-gets-fired-medic-job-n798966

Police Officer Who Arrested Utah Nurse Gets Fired From Medic Job
by ASSOCIATED PRESS

SALT LAKE CITY — A Utah police officer caught on video roughly arresting a nurse who refused a patient blood draw has been fired from his part-time paramedic job.

The ambulance company president says Tuesday that Detective Jeff Payne's termination came after Payne said on video that he'd bring transient patients to the hospital to retaliate against nurse Alex Wubbels, who was following hospital policy.
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It seems clear to me that effectively threatening a nurse with extra work via misuse of another position is...bad.
 
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Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

Utah police officer who dragged screaming nurse is fired


Salt Lake City Police spokesman told the AP that police chief Mike Brown decided to fire the officer on Tuesday after an investigation into the incident.

The officer, Detective Jeff Payne, was seen on film dragging a crying nurse out of the University of Utah Medical Center in Salt Lake City after she prevented law enforcement from taking blood from an unconscious patient
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He also lost his job as a paramedic
 
Re: Utah nurse says videos show she was unlawfully arrested, assaulted by police offi

The case has been settled by Salt Lake City and the hospital. A nice chunk of change!
So glad to see they settled quickly.


Utah nurse settles over rough arrest caught on video
Utah nurse settles for $500k over rough arrest caught on video

SALT LAKE CITY (AP) — A Utah nurse who was arrested for refusing to let a police officer draw blood from an unconscious patient settled Tuesday with Salt Lake City and the university that runs the hospital for $500,000.

Nurse Alex Wubbels and her lawyer, Karra Porter, announced the move nearly two months after they released police body-camera video showing Detective Jeff Payne handcuffing Wubbels. The footage drew widespread attention online amid the national debate about police use of force.
 
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