Nurse arrested for doing her job.

[doitmyself]

The facts will come out and all of our speculation will be ascertained, one way or another.

If I read correctly, the explanation on the Bluelivesmatter website (pro law enforcement) seem to indicate that multiple mistakes were made by the police departments involved:

https://bluelivesmatter.blue/salt-lake-nurse-arrest-video/

 

[y_p_w]

Originally Posted By: Sayjac
Originally Posted By: doitmyself
We actually might be on the same page....

Yes, perhaps I misunderstood. Silly thing is, as noted this wasn't even an SLCPD involved chase, it was for Logan PD. However, I think it started about one thing, trying to get the blood draw. But ultimately turned into a power trip and officer Payne set off when told he was "making a huge mistake". Which ironically turns out to be very prophetic.

Quote:
Watch the longer version of the incident and get equally outraged how the second officer is trying to rationalize with the nurse (in handcuffs)why she is wrong. He is pummeling her with questions while she was under extreme duress. I'm surprised her bosses did not tell her say nothing. Any slip up will trip you up in court. Go to minute 10 of this video....disgusting:......

Agreed. I mentioned the same in an earlier post calling him the "supervisor." Name Lt. James Tracy. He allegedly ordered Payne to arrest the nurse for obstruction if she didn't comply.

His problem is going to be that Utah obstruction law only covers interfering with an arrest or detention of someone else.

 

[Al]

This case has made national news and it is likely that it will continue to be on the spotlight until the bitter end. I think it is likely that there will be pressure on the DA to bring criminal charges against the Detective and possibly his supervisor. If it goes to trial I wouldn't be surprised if its a hung jury.

I do get the feeling the nurse will sue and receive an out of court settlement. I dislike litigation(as mentioned), but in this case I hope she wins. I wish she would only sue the officers involved..especially the Detective...but her attorney(s) will insist on going after the police dept. otherwise they won't take the case just for a percentage of a cut from the officers only.

 

[gman2304]

Originally Posted By: y_p_w
Originally Posted By: gman2304
Originally Posted By: doitmyself
Originally Posted By: Sayjac
Outside the arrest, the part I find intriguing is this started with attempting to draw blood from a victim, not a perpetrator. I'm not buying the "protecting" him in some manner explanation. Certainly not about protecting his rights as the nurse was doing. Imo, more about helping out with some CYA.


Maybe an experienced truck driver will answer, but whenever a commercial truck is in an accident, it seems like a different set of standards are imposed on the truck driver in order to, as you say, CYA on the situation. Even with this being the other drivers fault, they will be investigation the trucker's driving log, accident history, safety inspections, equipment condition, etc..


Anytime the holder of a CDL is involved in an accident, DOT regulations require the driver to undergo a drug test within, IIRC 2 hours of the accident. This might explain why the detective was frantic in trying to get the drivers blood drawn. Not an excuse for the out of control detective, but just the way the law is for CDL drivers.

I don't believe the cop was concerned with that, and don't the regulations say that the test is to be conducted by the employer?

https://www.fmcsa.dot.gov/regulations/dr...s-testing-occur

It says "Bodily Injury With Immediate Medical Treatment Away From the Scene" but no citation to the CDL driver wouldn't require a test.


Yeah, that's some weird wording. Test to be conducted by the employer I'm thinking means the employer pays for and advises the driver to get a test at a testing facility. My company always sent drivers to a facility near where the accident occurred for testing. The accident might have happened thousands of miles from our Company headquarters. Of course we're dealing with the government so .....

 

[CharlieBauer]

Originally Posted By: Al
I do get the feeling the nurse will sue and receive an out of court settlement. I dislike litigation(as mentioned), but in this case I hope she wins. I wish she would only sue the officers involved..especially the Detective...but her attorney(s) will insist on going after the police dept. otherwise they won't take the case just for a percentage of a cut from the officers only.


I wonder if the cop will go on to sue the police department for not training him properly.

A cop who pepper sprayed students who were doing a sit down protest at UC Davis, successfully sued the University for emotional distress.

One thing about the tiny tiny minority of bad cops is that they never accept responsibility for their actions and behavior.

 

[Win]

Quote:
.....Watch the longer version of the incident and get equally outraged how the second officer is trying to rationalize with the nurse (in handcuffs)why she is wrong. ....


Looked like a textbook good cop, bad cop, routine to try to break her down.

Unclear why they bothered with it at that point. It seemed pretty clear they weren't getting that blood without legal process.

 

[ndfergy]

It would be interesting to hear the conversation between the detective and his superior officer. I wonder if it goes to court whether that conversation can be subpoenaed and is still on record with the phone company?

Regardless, I'm pleased to see the Hospital wasn't prepared to be big footed by the authorities skirting the law.

 

[ZeeOSix]

The nurse needs to sue the police department, and the hot head cop needs to be fired.

 

[mk378]

Originally Posted By: Win

Making that kind of scene on camera and in front of dozens of witnesses, this tool felt secure in his misconduct - it's why he expressed little fear of losing his job. That's an organizational problem.

Yes. He knew that every other cop (including the university police) would have his back, or at least not be against what he was doing. And that proved to be true minutes later.

The guy saying "you need to follow my law" was on an even bigger power trip. There isn't my law and your law, there is THE law. The hospital has a legal department. Policy papers like the one in this case aren't arbitrary whims, they are prepared by lawyers who foremost consider what the law does and doesn't allow.

 

[SatinSilver]

Kind of coming in on this late after 8 pages. I went through the first pages comments and the last page. Seems like a case of the cop wanting what he wants and not stopping until he gets it no matter what.

I think his emotion got carried away. Which can easily happen but doesn't make it correct by any means.

First there was an alleged criminal involved. Second he gets frustrated when told "no" by a nurse. Then things unfold from there. Kind of a no win situation. The nurse was the scape goat.

 

[chrisri]

Officer Payne deserves his own reality show. Kids would love it.

 

[Win]

Since they seemed locked into not even trying to get a warrant, I can't help but wonder why they just didn't try to find a next of kin, and get consent that way, or get a release from the next of kin to get the hospital blood test.

The hospital still might not go along with that, although a release would seem to cover them, and it still might not hold up in a criminal proseuction if the victim turned out to be over the BAC limit, but it would have to work better than brow beating that poor nurse, which looks to have backfired spectacularly.

 

[mk378]

Indirect consent by the "next of kin" would be for medical care decisions not police ones.

 

[ArrestMeRedZ]

I was very much up in arms concerning the arresting officer before I watched the second video taken by the university police bodycam. I believe the arresting office is just stupid, and did what he was told to do. Now, I'm less angry at him than his lieutenant, who was the driving factor behind the arrest. The lieutenant's assertion that he'd been doing this for 22 years and knew the law [better than the lawyers for both the university and his department who drafted the policy] just pointed out how foolish people (who think they are more knowledgeable about the law than lawyers) can be. The lieutenant is one of those people who incorrectly thinks he's always the smartest person in the room. And, his other assertion that they can violate the law with impunity, with the only consequence being that evidence could be suppressed if it was illegally collected stunned me. It's like he was saying they could break the law whenever they felt like it.

I understand his argument that law trumps university policy, but you had better have sound legal support when you do something like arresting a nurse. Better have more than sound legal support, because people support nurses like almost no other profession. And his ignorance of the law, along with his complete lack of common sense is going to cost him and his department.


When you see something this egregious, it's an indicator that this kind of behavior has happened a number of times, over a period of time. I predict some skeletons will be coming out of the closet. I hope the justice department looks into civil rights violations from this police department.

I also fault the university police for not stopping the arrest. There were more of them, and they could have prevented it with physical presence, backed up by hospital security. Not only did they not enforce university policy and stop an illegal arrest, they even cooperated with the arresting officer and his lieutenant. Something tells me they will be persona non grata in the hospital after this event.

 

[Al]

Originally Posted By: ArrestMeRedZ

I also fault the university police for not stopping the arrest. There were more of them, and they could have prevented it with physical presence, backed up by hospital security. Not only did they not enforce university policy and stop an illegal arrest, they even cooperated with the arresting officer and his lieutenant. Something tells me they will be persona non grata in the hospital after this event.

Not a chance (and rightfully so) they are not gonna be charged with obstruction.

 

[wwillson]

Lock time