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Protect & Serve: Utah edition

Mr Person

Mr Person

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https://www.washingtonpost.com/news...&utm_term=.6c220a1b5b3f&wpisrc=nl_most&wpmm=1

At least nobody got killed this time. This guy looks like he's been on the force for 30 years and he doesn't understand basically constitutional law? The patient can't consent to a blood draw if he's unconscious, meaning the only other alternative is a warrant. But old angry cop doesn't know that, so he roughs up arrests the nurse who tells him he cannot draw blood anyway.

And yeah, there's a video, so spare me the "let's wait until we see all the evidence before judging this cop".


They don't need a full legal education but a little training would be nice.




______________
( I know, I know. How dare I, all cops are heroes, she should have kowtow'd, and here are some cute videos of cops holding puppies and/or playing with inner city youth)
 
Last edited:
Mr Person said:
https://www.washingtonpost.com/news...&utm_term=.6c220a1b5b3f&wpisrc=nl_most&wpmm=1

At least nobody got killed this time. This guy looks like he's been on the force for 30 years and he doesn't understand basically constitutional law? The patient can't consent to a blood draw if he's unconscious, meaning the only other alternative is a warrant. But old angry cop doesn't know that, so he roughs up arrests the nurse who tells him he cannot draw blood anyway.

And yeah, there's a video, so spare me the "let's wait until we see all the evidence before judging this cop".


They don't need a full legal education but a little training would be nice.
Click to expand...




______________
( I know, I know. How dare I, all cops are heroes, she should have kowtow'd, and here are some cute videos of cops holding puppies and/or playing with inner city youth)
Click to expand...


It's hard to teach those who know it all.
 
RetiredUSN said:
You're a little late.

This subject has already been hashed for the past 2 days.
Click to expand...
Jeff Payne was relying on the implied consent law for taking blood. What he forgot was the subject had to be suspected or arrested for a crime. The patient in this case was not a subject of a crime, was unconscious, and Detective Payne had no warrant or exigent circumstances to demand the blood draw, other than he was doing what the Watch Commander ordered via cell. Payne will be forced into full retirement if he is not prosecuted by the DA (who is looking into criminal charges), and the Watch Commander may be demoted if he does not retire.
 
Mr Person said:
https://www.washingtonpost.com/news...&utm_term=.6c220a1b5b3f&wpisrc=nl_most&wpmm=1

At least nobody got killed this time. This guy looks like he's been on the force for 30 years and he doesn't understand basically constitutional law? The patient can't consent to a blood draw if he's unconscious, meaning the only other alternative is a warrant. But old angry cop doesn't know that, so he roughs up arrests the nurse who tells him he cannot draw blood anyway.

And yeah, there's a video, so spare me the "let's wait until we see all the evidence before judging this cop".


They don't need a full legal education but a little training would be nice.




______________
( I know, I know. How dare I, all cops are heroes, she should have kowtow'd, and here are some cute videos of cops holding puppies and/or playing with inner city youth)
Click to expand...



The cop was too lazy to get a warrant (and a haircut) and decided that trying to bully and intimidate the nurse would be easier. Why he thought that arresting the messenger would somehow get him the results he wanted is beyond me....unless it's worked for him in the past.

The hospital had problems with the police department before this incident. I'd like to know more about that because it could be evidence that bullying/intimidating lawful citizens is systemic in the police department and might help explain why the country jail is filled to the brim with petty offenders leaving little room for more serious offenders. Turning innocent civilians into criminals means more prisoners which means more funding for the police department.

S.L. sheriff walks back contentious, felony-only jail policy | Deseret News
 
Mr Person said:
https://www.washingtonpost.com/news...&utm_term=.6c220a1b5b3f&wpisrc=nl_most&wpmm=1

At least nobody got killed this time. This guy looks like he's been on the force for 30 years and he doesn't understand basically constitutional law? The patient can't consent to a blood draw if he's unconscious, meaning the only other alternative is a warrant. But old angry cop doesn't know that, so he roughs up arrests the nurse who tells him he cannot draw blood anyway.

And yeah, there's a video, so spare me the "let's wait until we see all the evidence before judging this cop".


They don't need a full legal education but a little training would be nice.




______________
( I know, I know. How dare I, all cops are heroes, she should have kowtow'd, and here are some cute videos of cops holding puppies and/or playing with inner city youth)
Click to expand...

We don't have to wait and see. That's old. He was immediately put on paid administrative leave pending an investigation. When they were finally able to fire him, he retired.
 
JamesBY said:
Jeff Payne was relying on the implied consent law for taking blood. What he forgot was the subject had to be suspected or arrested for a crime. The patient in this case was not a subject of a crime, was unconscious, and Detective Payne had no warrant or exigent circumstances to demand the blood draw, other than he was doing what the Watch Commander ordered via cell. Payne will be forced into full retirement if he is not prosecuted by the DA (who is looking into criminal charges), and the Watch Commander may be demoted if he does not retire.
Click to expand...

I am not sure implied consent will fly anymore too after the ruling from the supreme court that unless someone consents a police officer needs a warrant before drawing blood.
 
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