Nurse arrested for doing her job.

Status
Not open for further replies.
I thought the Nurse is back to work and the Detective is also back to work (no strings attached)?

Wasn't a case of Police arresting firefighters because they wouldn't move the firetruck (who was protecting both the accident involved vehicle and police vehicle from traffic)?
 
That's unbelievable.

I'll get flamed for saying this, but there are way too many cops out there who think they're above the law. We're all human, but sometimes they don't even act human, this really is disgusting. Yes, a majority of cops are good people, of course, but the number or screwed up cops is way too high.
 
The laws in TX allow for implied consent in cases like this BUT you are swimming in the deep end of the pool. It would have taken very little time to get a warrant for the blood draw. The burden is now on the officer to prove there was an emergency (exigent) circumstance that forced the issue without obtaining a warrant first. The case is always stronger with a warrant, the courts always take officers to task on warrants. As they should.

The only reason to go without a warrant is exigent circumstances. The nurse, refusing to do the legal draw, could have been filed on at a later time and a warrant could have been issued for her arrest. It really gained nothing in having an on sight arrest, even though it appeared to have been legal.

The key thing in both cases is the independent examination by a magistrate (judge) who signs off on what the law enforcement officer is trying to do by issuing a warrant based on the officers probable cause. It puts the officers enforcement of the law under a solid layer of protection from the court.

All that said, 21+ yrs on the job I can say some cases are better left alone. There was no need to arrest or charge the nurse. Even if the officer was correct (don't know the specifics of the case so cannot say for certain) in his enforcement of the law, the policy matter between his agency and the hospital should be handled way above his pay grade at a later time.
 
There's a longer yt video where a police "supervisor" comes along after she's dragged out and tries to convince the nurse it was her fault, before being carted off.
whistle.gif
Imo, officer Payne needs to be suspended from duty pending a complete investigation of his actions. I would hope the hospital would back this nurse 100%.
 
Originally Posted By: dishdude
That's a terrible abuse of power.


+1
 
I support our law enforcement when they deserve it and I know several good deputies and police officers that are close friends. This guy should loose his job. As well as any other officers that were present.
 
One thing I can think here that makes this "respect my Authoriti" idiot valid in his thought process. Is that the unconscious patient was involved in a bad car accident where the vehicle had loose bottles of beer in it or whiskey, needles or drugs in it. Therefore giving this world champion the reasonable suspicion that the patient/driver was incapacitated by their drinking or drug use leading to a violent car accident. Thus, none of the three normal procedural processes are applicable in this scenario. If an officer comes up to your vehicle and he can smell alcohol on your breath then the officer has the right (here in Virginia) to ask for you to step out of your vehicle and do a field sobriety test or a breathalyzer test. If there are empty bottles of beer in a car and the officer suspects the person seems like they have been drinking then they have the right to do as mentioned before. I am hypothesizing here in this case this may have well been the circumstance.

That having been stated... This tin horn dictator, respect my Authoriti mental midget is exactly what's wrong with some of police officers. Instead of being reasonable, polite and judicious this idiot gets his female underwear in a bunch and goes off acting like an idiot. Good, bad or indifferent this behavior is not uncommon to just police officers. I have seen my co workers act in a similar manner. And yes, it creates just as stupid results. It is not just police officers who suffer from this mental health condition.
 
Last edited by a moderator:
bbhero,

if a police officer would do this in your hospital,

what would be the unofficial response/treatment of ANY police personnel from that police department after that?
 
Originally Posted By: pandus13
bbhero,

if a police officer would do this in your hospital,

what would be the unofficial response/treatment of ANY police personnel from that police department after that?


I would hope that most people wouldn't think that all cops are like this rogue who arrested the nurse....oh wait..they do think that way...never mind.
 
By the way, the Nurse was upholding a Supreme Court decision. In 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal and the Nurse was just following the law and hospital policy.
 
Originally Posted By: gman2304
WOW...this can't just be ignored...or has it?


They always get ignored because they are of a different class in the society and get to interpret the law as they please. Having a gun and badge do make a little man feels big.
 
Originally Posted By: pandus13
I thought the Nurse is back to work and the Detective is also back to work (no strings attached)?

Wasn't a case of Police arresting firefighters because they wouldn't move the firetruck (who was protecting both the accident involved vehicle and police vehicle from traffic)?

I read reading that the detective is no longer authorized to draw blood on behalf of SLCPD.

As for what happened, it seems to me that the cop had no legal authority to do the draw. Most of the articles on this say that it's been about a decade since implied consent was the law in Utah, and the guy wasn't conscious so there's no way to get explicit consent. He has no warrant, and I thought I heard that the University Police were telling him that he had no right to do the draw without a warrant. On top of that, this isn't even the suspect. This was the victim, and he's only conducting the blood draw for investigative purposes to rule out that the victim wasn't under the influence.

It would have been interesting if the University police had intervened. I was under the impression that one LE officer can be arrested by another for improper use of force. I've heard of one cop being arrested for a DUI by another agency.
 
Status
Not open for further replies.
Back
Top