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Arrest of university hospital nurse

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MSim
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Re: Arrest of university hospital nurse 2017/09/05 01:35:50 (permalink)
kougar
Dukman
https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S520.html?v=C41-6a-S520_1800010118000101
 
Whether you choose to believe it or not, Im getting this from someone who works in the field (nearby district).  The officer in this situation had every legal right to show up and draw the blood.  He handled the situation badly, no questions.  The nurse exacerbated the situation with her own ego.  (You won't see or hear about that because it will make her look less than perfect).

 
Then this person needs to also review their training. As was pointed out before your post the Supreme Court struck down all state implied consent laws over a year ago. https://www.hg.org/article.asp?id=38927
 
What I find the most appalling is that the watch commander, and even the 4+ cops this cop was talking with, nobody tried to stop this from escalating into an arrest. It would only have taken a single cop to say this was illegal and call up the chain of command to confirm. How many cops does it take before one knows the law?
 
The arresting officer made his orders and intent to arrest clear to all the present officers so they knew it was coming, at least one of the cops in this video should've stepped up to try and stop this. Given how involved cops are with DUI cases and drug testing I would expect them to know the laws on this better than anyone. 




It's rare to see other officer's stop a fellow officer that's out of control or is about to break the law.
 
 


 
#31
wmmills
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Re: Arrest of university hospital nurse 2017/09/05 04:33:16 (permalink)
dave7798801
They were probably thinking the truck driver might sue the police for causing the accident by engaging in an unsafe car chase, if the truck driver happened to be DUI it would affect his case.
 
The cop that arrested her was out of line but it did come out that he contacted his Watch Commander and he told him to arrest her.


Thats pretty much the reason, besides the PR issues. The whole problem is that they were committing to a high speed chase in a very busy area, which is a huge no-no any where in the country, especially when the guy your chasing is being very erratic and taking bigger risks because your behind him. They had his plates so they should have just broke it off and followed it up later. If it turned out stolen im sure they could have gotten video from somewhere that would have showed the guy w/car etc... and done some old fashioned police work and found the suspect. A arrest is not more important than human lives. Make no mistake, there will be some lawyers who will have a field day with this case, rightfully so.
 
 
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Scarlet-Tech
Dukman
Hang on, hang on, hang on.  
 
This is local for me and causing quite a stir, which is exactly what the media wants.  And of course, your seeing the story they want you to see and reacting the way they want you to react.
 
First and foremost.  The cop had every right to collect the blood sample.  He didn't need a warrant, he didn't need the person in question to be conscious. He had every legal right (and qualifications) to collect the blood sample.  But what happened is he went in with a lousy attitude and a lot of ego and ran into the nurse that also had a big ego as well.   I'll betcha the news didn't tell you that there was a huge pissing/ego contest before the cop played his butthead card?    All that aside, that cop handled it totally and completely wrong.   SLCPD could slap the nurse with an obstruction charge, but it's not worth yet another PR black eye.
 
Don't jump to conclusions.  The media is playing their little "fan the flames" game.
 
That's Salt Lake City PD.  They can't go 6 months without one of their officers causing a PR cluster.


So, this was the officers body cam, which the pd had to release. So, where is the rest of the footage?

If she was out of line, by the paperwork she was reading off of, why didn't he provide her the correct information?

P.s. it is the coroner job to draw blood and provide I formation related to the death. Are they drawing blood on the truck driver or the individual that caused the crash..

Good questions... except the truck driver, if its cdl, pretty much consents to having a blood draw no matter what happens if hes behind the wheel. Besides it being part of your acquiring a CDL it may be in his contract with the company hes working with also. The blood draw in question though was about the truck driver it seems, but he was in a coma. Unfortunately, for the poor trucker, it doesn't matter that he was a victim, in a coma, etc.....
post edited by wmmills - 2017/09/05 05:43:55

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#32
kaninja
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Re: Arrest of university hospital nurse 2017/09/05 07:44:10 (permalink)
Dukman
 
And here is the law in question.

https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S520.html?v=C41-6a-S520_1800010118000101
 
Whether you choose to believe it or not, Im getting this from someone who works in the field (nearby district).  The officer in this situation had every legal right to show up and draw the blood.
 


If we ignore the SCOTUS for a second, like the cop in the video, and actually read the actual law you posted, the cop still had no legal ground to stand on.

"must be administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii)."

End of story. There were no grounds to believe the driver way in violation of any provision, no probable cause, nothing. In fact the police were asserting the opposite.....that they were taking blood to prove the driver was clean......for which there is ZERO law that allows anything of the sort.

This cowboy cop and his commander were 100% wrong period. The nurse was doing her job and we should all be so lucky to have such a care giver protecting our rights if we are ever in such an incapacitated and vulnerable state.

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#33
the_Scarlet_one
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Re: Arrest of university hospital nurse 2017/09/05 07:46:04 (permalink)
wmmills
Good questions... except the truck driver, if its cdl, pretty much consents to having a blood draw no matter what happens if hes behind the wheel. Besides it being part of your acquiring a CDL it may be in his contract with the company hes working with also. The blood draw in question though was about the truck driver it seems, but he was in a coma. Unfortunately, for the poor trucker, it doesn't matter that he was a victim, in a coma, etc.....


The truck driver is a reserve officer. He is a cop.

Unfortunate for slcpd that the lieutenant and the arresting officer will likely be fired.. wait.. not unfortunate. They admit to openly breaking the law on video.
#34
the_Scarlet_one
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Re: Arrest of university hospital nurse 2017/09/05 07:48:04 (permalink)
knightsilver
RN should of sucker punched the ahole, hospital admid have her back too, or should....


Then she would be in jail for assaulting an officer... that makes no sense at all.
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Dukman
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Re: Arrest of university hospital nurse 2017/09/05 09:05:26 (permalink)
Okay, my last foray into this and then Im done.   I'll leave you guys to armchair lawyer this.  
 
First.  The cop involved is an jerk.   Second: The nurse didn't help the situation prior to the camera footage with her own attitude.  That doesn't justify that cop being a jerk.   The hospital and police routinely handled these types of situations easily and smoothly.   This was a prime example of what happens with ego gets in the way.  


Here are some of the pertinent information.  My friend gave me more, but as usual I forgot some of them.  Blood draws are something that he has to deal with almost on daily basis.
 
41-6a-520
41-6a-522
41-6a-523
 
If you live in Utah and have a Utah drivers license, you've given your consent when you signed for the license.
post edited by Scarlet-Tech - 2017/09/05 09:47:01

Heatware



 
 
#36
kaninja
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Re: Arrest of university hospital nurse 2017/09/05 09:44:07 (permalink)
Dukman
Okay, my last foray into this and then Im done.   I'll leave you guys to armchair lawyer this.  
 
First.  The cop involved is a jerk.   Second: The nurse didn't help the situation prior to the camera footage with her own attitude.  That doesn't justify that cop being a jerk.   The hospital and police routinely handled these types of situations easily and smoothly.   This was a prime example of what happens with ego gets in the way.  


Here are some of the pertinent information.  My friend gave me more, but as usual I forgot some of them.  Blood draws are something that he has to deal with almost on daily basis.
 
41-6a-520
41-6a-522
41-6a-523
 
If you live in Utah and have a Utah drivers license, you've given your consent when you signed for the license.
 
 
 


Again this is wrong. Please read your links.

"peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii)."


There was NO grounds to believe the driver was in violation of any of the provisions that would allow his blood to be drawn. No reasonable suspicion, no evidence, NOTHING. The police admitted they were drawing the blood for the opposite reason.
Drawing the blood would have been illegal. The nurse had no ego unless you call doing your job, being brave enough to stand up for what is right "ego". If words make cops lose control, they need to be put on the desk and not deal with people at all.......or fired.
post edited by Scarlet-Tech - 2017/09/05 11:22:59

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#37
the_Scarlet_one
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Re: Arrest of university hospital nurse 2017/09/05 11:31:19 (permalink)
Dukman
Okay, my last foray into this and then Im done.   I'll leave you guys to armchair lawyer this.  
 
First.  The cop involved is a jerk.   Second: The nurse didn't help the situation prior to the camera footage with her own attitude.  That doesn't justify that cop being a jerk.   The hospital and police routinely handled these types of situations easily and smoothly.   This was a prime example of what happens with ego gets in the way.  


Here are some of the pertinent information.  My friend gave me more, but as usual I forgot some of them.  Blood draws are something that he has to deal with almost on daily basis.
 
41-6a-520
41-6a-522
41-6a-523
 
If you live in Utah and have a Utah drivers license, you've given your consent when you signed for the license.



you keep saying "before the video starts.." body cam footage roles longer than this short video.. Where is the rest.
 
Research is important when firing off your own armchair lawyer session.. the truck driver is from Idaho, not Utah.. so, strike your entire statement about the Utah consent stuff.  Your friend says will defend his own, even when they are wrong. In this case, everything he says falls flat on it's face.
 
https://www.facebook.com/RigbyPoliceID/
 
http://www.rigbypolice.com/
post edited by Scarlet-Tech - 2017/09/05 11:32:38
#38
bill1024
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Re: Arrest of university hospital nurse 2017/09/05 15:05:18 (permalink)
I do believe every driver involved in an an accident involving a fatality gets their blood tested .
Needing a warrant, I am not sure, but a warrant I would think should be easy to get in this case.
 
Not to get a warrant was just stupid.
 

 Life is too short to carry a cheap pocket knife

   
 
#39
the_Scarlet_one
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Re: Arrest of university hospital nurse 2017/09/05 16:08:03 (permalink)
bill1024
I do believe every driver involved in an an accident involving a fatality gets their blood tested .
Needing a warrant, I am not sure, but a warrant I would think should be easy to get in this case.
 
Not to get a warrant was just stupid.
 


Exactly. That's all they needed to do. That is the cops JOB. It is not the nurses job to violate those rights, as she read exactly what he needed to give her.
#40
MSim
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Re: Arrest of university hospital nurse 2017/09/07 05:45:41 (permalink)
In one of the body cam recordings, you can hear one of the officers say, that he would bring transient (homeless) people to that hospital, take everyone else to a different hospital. All because that nurse was doing her job. 
 
 
 


 
#41
kaninja
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Re: Arrest of university hospital nurse 2017/09/07 10:30:50 (permalink)
MSim
In one of the body cam recordings, you can hear one of the officers say, that he would bring transient (homeless) people to that hospital, take everyone else to a different hospital. All because that nurse was doing her job. 


No worries as he has been fired from his part time job as a paramedic. He is caught on video asking how the incident with the nurse will effect his job as a paramedic.....now he knows.

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#42
the_Scarlet_one
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Re: Arrest of university hospital nurse 2017/09/08 15:29:09 (permalink)
Interesting little read:

http://www.ntd.tv/2017/09...efusing-to-draw-blood/

TLDR; now the FBI is investigating whether the cop was breaking federal law. I guess that means the quoted laws from Utah actually may have been.... against the law...

Ruh-Roh...

"The FBI said on Friday (September 8) it is examining whether federal laws were violated by a Utah police detective who is shown on video assaulting and arresting a nurse after she refused to allow taking a blood sample from an unconscious patient.

(Skip some already known portions of the article.

Barker stressed that a “color of law” review, which examines whether law enforcement officials exceeded their authority, was a preliminary step that may or may not lead to a formal investigation.

“Color of law” violations include false arrest and the use of excessive force by police, according to the FBI’s website."
#43
dave7798801
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Re: Arrest of university hospital nurse 2017/09/08 19:56:24 (permalink)
After the way he arrested the nurse, it would be nice to see him thrown to the ground, handcuffed and spend some time in jail but really doubt that will happen. Worst case, he'll be fired and then get a job as a cop somewhere else. 

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JalenJade
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Re: Arrest of university hospital nurse 2017/09/12 05:52:44 (permalink)
I haven't seen anything as to the status of the truck driver but there's also the issue of if he dies then SLCPD is on the hook for negligent homicide, and if he doesn't then the taxpayers are on the hook for all his medical costs and then some after the lawsuit.
 
Even if his contract says something any sort of blood draw would be useless after being medicated in the hospital and burn unit patients are immediately sedated with many controlled substances.
 
#45
MSim
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Re: Arrest of university hospital nurse 2017/10/11 03:50:05 (permalink)


 
#46
Dr.Death
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Re: Arrest of university hospital nurse 2017/10/12 07:25:13 (permalink)
after 911  you all put cops and all up high on that hero pedestal  and it goes to there heads  . like for me in school  guys that you did not hang with or the ones that were snitchers   or not so bright fat guys  that did not ''fit in'' became cops  so you can see how hero worshiping them goes to there head  aand now they feel they got power and push the limits
 
its kinda like absolute power corrupts absolutely.      in the end there no better then you or me   and why the only friend a cop can have is another cop , and then they cant really trust each other
 
its just a job  no one twisted there arm to take it or be one   , but you allowed this to happen  by putting them high on that pedestal  .
 
I hate to come off sounding like this,  but ????  
 
ever notice how police today  look like  military   instead of the old men in blue ??   now look at contraries that historically had cops that look like the military  [china , russa ,  iran,  fascist régimes ]    like in newyork some look like stormtroopers . then add the attack dogs now common   like around here seems all cop cars got K-9 on there windows  and this is  a small rural town  not Moscow
 
how about this guy loosing his cool  on you  or snaps in public like in vagas  ??   then you got gun control  with no way to defend yourself from ''them''   or keep things in check   [sad times]  
 
https://imgur.com/fVWeAct
 
 
post edited by Dr.Death - 2017/10/12 07:32:01
#47
knightsilver
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Re: Arrest of university hospital nurse 2017/10/12 08:44:20 (permalink)
Nice! Good luck finding another job Mr.Douchebag!!!!
 
Cops are just like the rest of us, we all can be stupid... Just some of us are less stupid
#48
dave7798801
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Re: Arrest of university hospital nurse 2017/11/02 14:33:30 (permalink)
The nurse just got a $500,000 settlement, half paid by the city and half paid by the hospital. Don't quite understand why the hospital paid, didn't seem like they did anything wrong. Neither the city or the hospital had any comment. Both the the fired cop and the demoted lieutenant are appealing. 

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the_Scarlet_one
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Re: Arrest of university hospital nurse 2017/11/02 14:36:54 (permalink)
That is strange the hospital paid. Maybe they felt partially at fault for not properly backing her?
#50
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