Nurse arrested for doing her job.

[Win]

Originally Posted By: y_p_w
Originally Posted By: Win
Originally Posted By: mk378
..... as bad as running away from one, which the lady also tried. It just fires up their hormones.


In my state, probably most states, when a law enforcement officer tells you that you are under arrest, you are required to submit to it. No matter how blindingly stupid, wrong, or outright illegal, it is, you have to submit and deal with it later.

I wouldn't expect the nurse to know that, though - most people would react just like she did.

There was old case law that said that resisting arrest for an unlawful arrest wasn't a crime or that the unlawful arrest could mitigate the charges (i.e. murder downgraded to manslaughter). It's not really used much, but it's still kind of out there.

https://en.wikipedia.org/wiki/Bad_Elk_v._United_States


That is absolutely not the law in my state, and I doubt there is any state that allows one to resist an arrest, no matter how unlawful it may be.

 

[02SE]

Originally Posted By: mk378
Clearly the semi truck wasn't doing anything at all wrong there. Would have been difficult to convince a judge to issue a warrant to test the driver for DUI.

Police desperate for an excuse not to get sued by the semi driver for chasing a car into him. The video looks like they were going 100 mph or more. Most departments have a policy not to get into prolonged or high speed car chases without a very good reason, because they are extremely dangerous to bystanders.


A month later, the truck driver is still in the hospital, in serious condition. He was severely burned in the accident. Also, that truck driver is a reserve police officer for Rigby, Idaho.

 

[y_p_w]

Originally Posted By: Win
Originally Posted By: y_p_w
Originally Posted By: Win
Originally Posted By: mk378
..... as bad as running away from one, which the lady also tried. It just fires up their hormones.


In my state, probably most states, when a law enforcement officer tells you that you are under arrest, you are required to submit to it. No matter how blindingly stupid, wrong, or outright illegal, it is, you have to submit and deal with it later.

I wouldn't expect the nurse to know that, though - most people would react just like she did.

There was old case law that said that resisting arrest for an unlawful arrest wasn't a crime or that the unlawful arrest could mitigate the charges (i.e. murder downgraded to manslaughter). It's not really used much, but it's still kind of out there.

https://en.wikipedia.org/wiki/Bad_Elk_v._United_States


That is absolutely not the law in my state, and I doubt there is any state that allows one to resist an arrest, no matter how unlawful it may be.


Depends. I've heard there might be some case law that resisting arrest when there's unlawful use of force may be justifiable. Use of force to resist the arrest may not be justifiable, but something like trying to get away from a cop shooting at an unarmed and cooperative suspect.

For the nurse, I think it's pretty clear that she's got a good case for unlawful arrest. This officer and his watch commander should suffer severe penalties up to dismissal and loss of certification.

 

[Win]

Originally Posted By: y_p_w
....Depends. I've heard there might be some case law that resisting arrest when there's unlawful use of force may be justifiable. ...


It was once the law in my state, but, by statute, it is no longer. There is unequivocally no right to resist an unlawful arrest in my state. There could be last outposts of that rule somewhere which is why I said "most" initially, but it's hard to imagine anyplace that still allows it.

It's a good way to get killed or injured, which is why modern criminal codes don't allow it.

At least our girl didn't get roughed up for resisting arrest - could have been even worse ....

 

[mk378]

What was she charged with? Contempt of cop? Refusing to follow an unlawful order?

 

[mk378]

Originally Posted By: Win
At least our girl didn't get roughed up for resisting arrest - could have been even worse ....

Arguing with cops yet not getting shot is a white priviledge. The best example that I know of.

 

[bbhero]

Y_p_w the person was not under arrest, no court order etc... That moron was operating well outside of any normal means or Constitutional legality. Crazy. Just a "respect my Authoriti" fool.

 

[Fattylocks]

Is it any wonder why people hate cops?

 

[y_p_w]

Originally Posted By: bbhero
Y_p_w the person was not under arrest, no court order etc... That moron was operating well outside of any normal means or Constitutional legality. Crazy. Just a "respect my Authoriti" fool.

There might be implied consent in some cases, but it's usually going to be something like a diagnostic to save someone's life.

 

[PandaBear]

That officer is going to get fired for sure. Not able to control his temper and threatening to dump transients to this hospital and good patients to other hospital? Did he even went to academy for any sort of training? He is unfit for the badge and would be a liability for the PD, will eventually get them sued if not fired.

The nurse is just doing her job. If she let the officer take the sample (a violation of law) without a warrant, the hospital will be sued. If he doesn't like what he heard he should ask to talk to the higher up, not treating the nurse this way.

 

[Killer223]

Cop needs to be taught a lesson, loss of job, loss of pension, loss of freedom. Make an example of him like they do to so many others that brake the law. Treat him just as he does others. what a POS. FYI people, you can and should intervene, and tell the officers to LEAVE the property!!! hospitals are private property. if they stay they are breaking more laws...
Know your right!! most of all assert them.
I'd love to see KARMA visit this officer. I truly hope he gets everything coming to him.

 

[Al]

Originally Posted By: Fattylocks
Is it any wonder why people hate cops?

Yea, those that are not very bright

 

[skyactiv]

I bet that cop already has enough years under his belt to retire at 100% pension.

 

[02SE]

Originally Posted By: 02SE
Originally Posted By: mk378
Clearly the semi truck wasn't doing anything at all wrong there. Would have been difficult to convince a judge to issue a warrant to test the driver for DUI.

Police desperate for an excuse not to get sued by the semi driver for chasing a car into him. The video looks like they were going 100 mph or more. Most departments have a policy not to get into prolonged or high speed car chases without a very good reason, because they are extremely dangerous to bystanders.


A month later, the truck driver is still in the hospital, in serious condition. He was severely burned in the accident. Also, that truck driver is a reserve police officer for Rigby, Idaho.


Here's his Gofundme page: Bill Gray Gofundme

 

[Mr Nice]

Originally Posted By: skyactiv
I bet that cop already has enough years under his belt to retire at 100% pension.


Plus his union will defend him....

I'm not taking any sides.

 

[y_p_w]

Originally Posted By: Killer223
Cop needs to be taught a lesson, loss of job, loss of pension, loss of freedom. Make an example of him like they do to so many others that brake the law. Treat him just as he does others. what a POS. FYI people, you can and should intervene, and tell the officers to LEAVE the property!!! hospitals are private property. if they stay they are breaking more laws...
Know your right!! most of all assert them.
I'd love to see KARMA visit this officer. I truly hope he gets everything coming to him.

It's kind of an odd thing. It was a University hospital. However, public universities kind of straddle the line between public and private. They're generally quasi-public. This one has its own police department (whose officers were present).

I'd be curious as to what agreements there are between the Salt Lake City Police and the University of Utah Police. I live near a major university, and there's a public memorandum of understanding between the city and university over jurisdictional issues. Besides that, it was an investigation of an incident involving the Utah Highway Patrol, with a request made by the Logan Police to the SLC Police. SLC Police isn't really involved other than being asked to help out. I'm wondering why they couldn't have made a request to the university's police since the victim was on their property.

 

[AVB]

Originally Posted By: Win
Originally Posted By: y_p_w
....Depends. I've heard there might be some case law that resisting arrest when there's unlawful use of force may be justifiable. ...


It was once the law in my state, but, by statute, it is no longer. There is unequivocally no right to resist an unlawful arrest in my state. There could be last outposts of that rule somewhere which is why I said "most" initially, but it's hard to imagine anyplace that still allows it.

It's a good way to get killed or injured, which is why modern criminal codes don't allow it.

At least our girl didn't get roughed up for resisting arrest - could have been even worse ....
It is still legal in my state, but being legal won't stop you from getting boot stomped and hauled in.

 

[AVB]

Originally Posted By: mk378
What was she charged with? Contempt of cop? Refusing to follow an unlawful order?

That is what I am wondering, you can't force someone to perform a procedure. The best you could do is try to get them fired.

 

[gathermewool]

Originally Posted By: Fattylocks
Is it any wonder why people hate cops?


SOME people. I surely don't see this example and immediately prejudge all other cops; that's foolish!

I've been pulled over several times and encountered cops on several other occasions for various reasons (i.e., benign or casual reasons) and have only really encountered two annoying cops (not horrible or oppressive, etc.)

1. I was driving in to work before a 7+ hr exam one morning @ ~0330, because I was too nervous to sleep. It was winter and the roads were slick with black ice. An SUV was coming up hot on me without any positive indications of slowing down. I could see to the left of the T-intersection for several blocks, that no one was coming, so I ran the red light. The SUV behind me happened to be a cop. He made me turn my car off (it was below freezing) and threatened to have my car impounded, because the insurance card I had in my car had just expired the week before. I logged in to USAA and showed him that my insurance was current, but he still made me wait while he decided what to do. After 15 minutes another cop pulls up, saunters over, very casually asks what's going on, and then proceeds to give the 1st cop a hard time about it. A minute later I had a ticket in hand and drove the 10 additional minutes to work...and passed my exam! As an aside, I fought the ticket and won.

2. I was not speeding and was pulled over for "disobeying posted speed limits" (literally what he said to me). I fought that ticket and lost. Again, VERY minor, but it felt horrible to be 100% innocent and still have to pay for it.

That nurse is a better person than I am, because I would have taken this as far as possible, legally. There's no way I would be able to let something like this stand. MOST cops are not bad (many are great), and I believe the vast majority of those who are simply inconvenience us. I would not consider those who are racist killers or jack-and-apes like the subject cop common, let alone the majority of what make up the police force.

 

[CharlieBauer]

Originally Posted By: PandaBear
Did he even went to academy for any sort of training?


Police are definitely under trained but there are too many whose character should disqualify them from the job to begin with.

They should undergo psychological testing before training. The job is too important to allow just anybody in. As well as weeding out the ones who are not mentally stable and mature enough for the job, they can prevent the ones who take the job for power, ego and self enrichment instead of serving the community.