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Out of control police officer arrests nurse for refusing to draw blood of unconscious victim. (Original Post) Drunken Irishman Sep 2017 OP
pure insanity. Hired to enforce the law, not be above it JDC Sep 2017 #1
Another scary thing for the police department is... GeoWilliam750 Sep 2017 #61
Holy shit! Hassin Bin Sober Sep 2017 #2
Here's a local news piece Hassin Bin Sober Sep 2017 #3
Wow. What an ASSHOLE. progressoid Sep 2017 #29
What seems to be missed in all of these discussions is that in the extended body cam recordings GeoWilliam750 Sep 2017 #49
This is chilling. liberalmuse Sep 2017 #59
One of the worst examples of police judgement I have ever seen. Unbelievable. LBM20 Sep 2017 #140
There's a cop who should be fired forthwith. Shame on him. Shrike47 Sep 2017 #4
and this one, too.... SharonClark Sep 2017 #101
well, there is a $1M+ lawsuit right there. lapfog_1 Sep 2017 #5
I bloody hope so. Granny M Sep 2017 #11
+100 Duppers Sep 2017 #12
plus, I didn't hear him read her the Miranda warning diva77 Sep 2017 #13
You only have to mirandize before questioning Revanchist Sep 2017 #40
Thanks for clarification -- here's what Findlaw.com says about it diva77 Sep 2017 #100
Bush pretty much killed Miranda. MrsCoffee Sep 2017 #74
Miranda is actually buried right here in Mesa Cemetary JonLP24 Sep 2017 #76
Lol. MrsCoffee Sep 2017 #78
Police State ....... and Trump wants to give them bigger guns Angry Dragon Sep 2017 #6
Oink oink. nt geek tragedy Sep 2017 #7
Wow! JimGinPA Sep 2017 #8
Fascists was the first word that came to mine.. Kentonio Sep 2017 #69
WTF? Ninsianna Sep 2017 #9
thugs JI7 Sep 2017 #10
Thugs with badges TeamPooka Sep 2017 #17
Typically, law enforcement and hospital staff have a good working relationship GeoWilliam750 Sep 2017 #14
Not a firing offence??? orangecrush Sep 2017 #34
This shit is crazy. She was calmly explaining policy and seeking confirmation from her ATL Ebony Sep 2017 #41
It seems that his supervisor told him to arrest her GeoWilliam750 Sep 2017 #47
I know but then the dialogue stopped and it should have been more discussion about the ATL Ebony Sep 2017 #56
Not a firing offense my fucking ass Downtown Hound Sep 2017 #109
Give that cop some military gear! Yeah! WinkyDink Sep 2017 #15
Why do you say that? Revanchist Sep 2017 #42
The concern is giving powerful military gear HopeAgain Sep 2017 #44
The poster said military gear, not military members. Mariana Sep 2017 #54
Where did you get that idiotic question? denbot Sep 2017 #75
Cause Trump just authorized releasing military hardware to police departments Arazi Sep 2017 #84
I am aware of Trump's intentions. denbot Sep 2017 #85
Sorry, my nerves have been raw the last few days. Revanchist Sep 2017 #107
Sorry to hear that bro/broette.. denbot Sep 2017 #108
Where were "military members" mentioned? Weekend Warrior Sep 2017 #89
Oh, jeez. Iggo Sep 2017 #96
LOL. Really? Downtown Hound Sep 2017 #121
Hello? 1. Sarcasm. 2. Keep up with Trump, okay? WinkyDink Sep 2017 #126
I hope this costs the citizens of Salt Lake City a huge boatload of money TeamPooka Sep 2017 #16
It would be a more effective deterent if it cost the Salt Lake City police department money mythology Sep 2017 #55
Plus the resting officer should actually be arrested for knowingly breaking the law TeamPooka Sep 2017 #97
I hope she sues the crap out of the city. nt Laffy Kat Sep 2017 #18
Do we know when this happened? nt Laffy Kat Sep 2017 #19
Just read up on it. Laffy Kat Sep 2017 #20
Here is a WAPO link to the full story.... hlthe2b Sep 2017 #37
wow, crazy krakfiend Sep 2017 #21
A belated welcome.... SergeStorms Sep 2017 #24
That fucking bastard. A nurse has a difficult enough job. LuckyCharms Sep 2017 #22
And a belated "welcome"... SergeStorms Sep 2017 #26
Thanks very much, SergeStorms... LuckyCharms Sep 2017 #27
I sincerely hope...... SergeStorms Sep 2017 #23
Well said. n/t LuckyCharms Sep 2017 #28
It's worse than that. The cop's lieutenant told him to arrest her. yardwork Sep 2017 #52
Yes it is TeamPooka Sep 2017 #98
I also believe..... SergeStorms Sep 2017 #119
I'm thinking the same thing. I still blame the higher ups in this case. yardwork Sep 2017 #125
He shouldn't be looking for a job mythology Sep 2017 #92
Rec for visibility orangecrush Sep 2017 #25
LEO was older, not a young inexperienced guy, Ilsa Sep 2017 #30
Here in SLC it's unusual for police to run amok like this. defacto7 Sep 2017 #31
This is the aftermath orangecrush Sep 2017 #32
That asshole cop that is kneeling and talking to her... LuckyCharms Sep 2017 #38
To me, that is the worst part. Fascism in action. yardwork Sep 2017 #45
I wish I could think that this kind of behavior was an anomaly, sadly I can't. AJT Sep 2017 #33
This Nurse deserves a Medal! Fyi - this nurse isn't just any nurse-she is a former 2 time Olympian! Pachamama Sep 2017 #35
Not just another pretty face. lpbk2713 Sep 2017 #104
I would refuse too. Lunabell Sep 2017 #36
Also, would HIPAA laws not override all until... LuckyCharms Sep 2017 #39
HIPAA applies to existing records... HopeAgain Sep 2017 #43
In 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal csziggy Sep 2017 #106
FTP!!!!!!!!!!!!! socialist_n_TN Sep 2017 #46
Dumbass needs to be fired for sure Lee-Lee Sep 2017 #48
Three cops that need to be jobless this morning HAB911 Sep 2017 #50
sue sue sue sue sue sue sue sue sue sue!!!!! samnsara Sep 2017 #51
This sure gives one respect for the police, NOT!!! Wait until Trump loads them up with RKP5637 Sep 2017 #53
These cops do not even realize or care mercuryblues Sep 2017 #57
Gotta wonder dembotoz Sep 2017 #58
It's no different than a cop telling a doctor to remove someone's kidney. Ilsa Sep 2017 #60
Holy shit. Her surpervisor was like "don't attack the messenger" JonLP24 Sep 2017 #62
She would not let the phlebotomist cop draw blood Cicada Sep 2017 #63
She was relaying the hospital policy from her supervisor JonLP24 Sep 2017 #65
Does she have a right to stop an illegal search? Cicada Sep 2017 #82
If they want to arrest somebody arrest her boss on the phone who was telling her what to do JonLP24 Sep 2017 #83
Police can legally do things they should not do Cicada Sep 2017 #91
I can't imagine a case in which the police have the legal right to arrest someone LanternWaste Sep 2017 #93
Nothing that occurred in this situation was legal. WoonTars Sep 2017 #105
Illegally obtained blood, which this would be, is not admissible in court. So WTF is the cop doing?! anneboleyn Sep 2017 #110
Blood was being drawn in preparation for the pending (likely) civil suit... Baconator Sep 2017 #118
You are a cop apologist -- no, he had no right obamanut2012 Sep 2017 #137
Thinking cops can get away with murder isn't apologizing for them Cicada Sep 2017 #139
She is there to protect her patients. MuseRider Sep 2017 #135
Did he show proof that he was a phlebotomist? MiniMe Sep 2017 #95
There was no arrest -- why do you not get that obamanut2012 Sep 2017 #136
I am guessing that this police station has a real problem with its training and establishing SOPs grantcart Sep 2017 #64
Thanks for posting this. Obviously fuck up. Appreciate it if you can keep us posted on the obvious grantcart Sep 2017 #66
Asshole crossed the line big time. There should be a lawsuit dalton99a Sep 2017 #67
The good news is that she will get a nice bonus from the taxpayers of Salt Lake City Renew Deal Sep 2017 #68
She doesn't appear to be suing unless something changes JonLP24 Sep 2017 #71
Trump says exboyfil Sep 2017 #70
I saw this on ZDoggMD ismnotwasm Sep 2017 #72
The truly terrifying thing about this and so many of these kinds of videos is the level of violence. Kentonio Sep 2017 #73
This is what our ☮️ Officers have become.... FarPoint Sep 2017 #77
welcome to trumpworld where the police rule. spanone Sep 2017 #79
This shit has been going on a LOOONG time before Trump......... socialist_n_TN Sep 2017 #80
+1 dalton99a Sep 2017 #86
+1 leftstreet Sep 2017 #90
Trump can pardon the cop ... (see edit) left-of-center2012 Sep 2017 #81
It would be a state charge, and the president can only pardon Federal Offenses. NutmegYankee Sep 2017 #113
My comment was sarcasm left-of-center2012 Sep 2017 #115
I guess it's the problem of Poe's law. NutmegYankee Sep 2017 #117
wow, that's disturbing fishwax Sep 2017 #87
When I was in Nursing school and after I MuseRider Sep 2017 #88
That's the impression I got. The man with the badge didn't like being told no, Demit Sep 2017 #127
Yeah, there was just that MuseRider Sep 2017 #129
I also blame the lieutenant who told him to arrest the nurse. yardwork Sep 2017 #128
You are correct. MuseRider Sep 2017 #130
I read the same as you. I think that there were two things going on. yardwork Sep 2017 #131
I cannot imagine if this had happened MuseRider Sep 2017 #134
When are all these right wing tax hating pukes gonna get tired of using taxpayer money nini Sep 2017 #94
Even if the nurse had let them illegally get the blood sample True_Blue Sep 2017 #99
They can't. Illegal in Utah and illegal per the Supreme Court. Not admissible. anneboleyn Sep 2017 #111
As the patients nurse she has a duty to protect him Tribalceltic Sep 2017 #102
Payne has been suspended from blood-draw duties but remains in his role as a detective in the invest HAB911 Sep 2017 #103
The one silver lining is the more white folks get the "treatment" Blue_Tires Sep 2017 #112
A cop should know when he treestar Sep 2017 #114
Bet he beats his wife frogmarch Sep 2017 #116
That's too useless and wouldn't cause him enough trouble in his life discntnt_irny_srcsm Sep 2017 #122
Well, Detective Jeff Payne has no need for doctors or nurses ever dalton99a Sep 2017 #123
The mystery is solved discntnt_irny_srcsm Sep 2017 #124
I am rather angry at the moment discntnt_irny_srcsm Sep 2017 #120
You are not alone. NutmegYankee Sep 2017 #132
A warrant is so easy to get in SLC, he has fill in the blank form in his car Hamlette Sep 2017 #133
Officer suspended struggle4progress Sep 2017 #138
Suspended. As usual, given a paid vacation... Buns_of_Fire Sep 2017 #141

GeoWilliam750

(2,521 posts)
61. Another scary thing for the police department is...
Fri Sep 1, 2017, 08:40 AM
Sep 2017

That every case these three officers have ever been involved in may now be re-opened.

That is no small expense of both money and reputation, and will make future convictions that much more difficult.

The hospital and the nurse gave them a month to make this right, and the police department has not done so it seems.

We always seem to wonder where the good cops are. There seems to have been one cop who never let Ms Wubbels out of his sight or hearing, and without whose body camera, none of this would be known. I only hope that he does not pay a price for having done so.

Hassin Bin Sober

(26,305 posts)
3. Here's a local news piece
Fri Sep 1, 2017, 02:07 AM
Sep 2017

Apparently the cop threatened to punish the hospital by sending more transients.

I'd love to see the entire exchange.

Fucking Nazi

https://m.

GeoWilliam750

(2,521 posts)
49. What seems to be missed in all of these discussions is that in the extended body cam recordings
Fri Sep 1, 2017, 07:47 AM
Sep 2017

The officer constantly kept his body cam on, and focused on the main part of what was going on. He did not turn it off, and he had to know how damning this was. Possibly a "silent whistleblower", or possibly somebody that just wanted to make sure that their actions in all of this were not in question.

One wonders.

liberalmuse

(18,671 posts)
59. This is chilling.
Fri Sep 1, 2017, 08:30 AM
Sep 2017

Police don't need military gear, just a much better understanding of the law and The Constitution.

 

LBM20

(1,580 posts)
140. One of the worst examples of police judgement I have ever seen. Unbelievable.
Sat Sep 2, 2017, 10:51 AM
Sep 2017

I support police in general. They have a very tough job, and most are very good. However, this is just unreal. What the hell was this guy thinking? What he should have done was simple. Get his supervisor there. Wait for hospital administration. If any question after that, go like gangbusters to get a warrant. Then they can do the blood sample. Case law states that unless there is a real urgency, such as a very serious accident with a DWI arrest, they have to get a warrant if the patient is unconscious. If the patient is conscious, the officer reads implied consent. If the suspect doesn't consent, then the officer just puts the person down as a refusal and this becomes evidence that the person was in fact drunk. There was no reason to arrest the nurse. She was just following her understanding of hospital protocol. Totally crazy behavior on the part of the cop. ZERO judgement.

SharonClark

(10,014 posts)
101. and this one, too....
Fri Sep 1, 2017, 01:18 PM
Sep 2017

"Another officer arrives and tells her she should have allowed Payne to collect the samples he asked for. He says she obstructed justice and prevented Payne from doing his job". from WP article.

lapfog_1

(29,189 posts)
5. well, there is a $1M+ lawsuit right there.
Fri Sep 1, 2017, 02:16 AM
Sep 2017

That officer will be removed from the force... and the city (or county) will pay the hospital and the nurse and their legal team just a whole bunch of money...

and if one of her OTHER patients suffered any exposure to an adverse outcome because of her arrest, they will get to sue as well.

Revanchist

(1,375 posts)
40. You only have to mirandize before questioning
Fri Sep 1, 2017, 06:43 AM
Sep 2017

Otherwise anything that is said cannot be as evidence. There is nothing preventing the arrest of a suspect without the reading of the rights, since you can hold the suspect for several hours prior to questioning. In fact, I think it would make sense to wait until the formal taped interview so you can get the reading of the rights on record to avoid any dispute of the reading of the rights in a court case.

diva77

(7,627 posts)
100. Thanks for clarification -- here's what Findlaw.com says about it
Fri Sep 1, 2017, 01:06 PM
Sep 2017

I wonder whether the jurisdiction where this took place required the warning prior to her being taken into custody?

http://criminal.findlaw.com/criminal-rights/miranda-warnings-and-police-questioning.html

SNIP...Miranda Warnings Don't Always Apply

There are two very basic prerequisites before the police must issue a Miranda warning to a suspect:

The suspect is in police custody
The suspect is under interrogation

It's crucial to understand these prerequisites because if you aren't formally in police custody, and you aren't being interrogated, the police don't have to give you a Miranda warning. This, in turn, means that the police can use anything you say until those two requirements are fulfilled as evidence against you.

Police Custody

"Police custody" is generally defined as anytime the police deprive you of your freedom of action in a significant way. Realistically though, it means being arrested. Some jurisdictions treat detentions differently than arrests, though, and a Miranda warning isn't required in such a situation.

Generally speaking, an actual arrest must take place before the police need to give you a Miranda warning. This means that simple things such as traffic stops or a police officer walking up to you and asking you questions are not considered police custody. When in doubt, just stay silent (except for the exception about identification discussed below)...SNIP

JonLP24

(29,322 posts)
76. Miranda is actually buried right here in Mesa Cemetary
Fri Sep 1, 2017, 09:30 AM
Sep 2017

I think he got killed in a bar fight. I'm just kidding, I know what you meant.

GeoWilliam750

(2,521 posts)
14. Typically, law enforcement and hospital staff have a good working relationship
Fri Sep 1, 2017, 03:26 AM
Sep 2017

Last edited Fri Sep 1, 2017, 04:40 AM - Edit history (1)

And this guy just dented that badly.

My guess is that it is probably not a firing offence, but the apology necessary will require seriously grovelling.

The officer's name been released (Detective Jeff Payne), but why did the other officer go along with it?

http://www.sltrib.com/news/2017/08/31/utah-nurse-arrested-after-complying-with-hospital-policy-that-bars-taking-blood-from-unconscious-victim/

More footage from Deseret News - the longer video is actually far more damning

http://www.deseretnews.com/article/865687903/Stop-I7ve-done-nothing-wrong-Nurse-shares-police-video-of-crazy-arrest-by-SL-officer.html

ATL Ebony

(1,097 posts)
41. This shit is crazy. She was calmly explaining policy and seeking confirmation from her
Fri Sep 1, 2017, 06:47 AM
Sep 2017

supervisors and their supervisors. If the officer wasn't being such a threatening "bully" he could have contacted his supervisor there on the spot and cleared up their department's obvious outdated knowledge of the blood draw policy. And, no, removing him from the blood draw program is a non-responsive action. He needs more than retraining on the policy -- some policy on dealing with the public is more appropriate. He violated her rights, manhandled her and basically kidnapped her without any attempt to diffuse the situation. Just a blatant "I'm in charge, I've got a badge and can do what I want" IDIOT!!

He's a jerk and shouldn't be dealing with the public on any level AND he should go into a different line of work (from home, preferably -- no public contact).

Truly disturbing such a minor issue was so poorly handled and unnecessarily rised to this level -- just stupid people being stupid.

ATL Ebony

(1,097 posts)
56. I know but then the dialogue stopped and it should have been more discussion about the
Fri Sep 1, 2017, 08:12 AM
Sep 2017

policy she was reading; or, maybe he told his supervisor who just persisted -- therefore; both are idiots.

Downtown Hound

(12,618 posts)
109. Not a firing offense my fucking ass
Fri Sep 1, 2017, 04:29 PM
Sep 2017

Name me one other job in the world that you wouldn't be fired from if you mistreated somebody that way (President of the United States doesn't count).

Even if he was ordered to arrest her, the aggressive and bullying manner in which he did it shows that he was anything but an unwilling schlub obeying orders. He was a Nazi stormtrooper, and there is no room for assholes like him on our streets.

Mariana

(14,854 posts)
54. The poster said military gear, not military members.
Fri Sep 1, 2017, 08:05 AM
Sep 2017

These are civilian police officers. Their jobs are very different. Do you think they need the same weapons and equipment the military use for invasion and occupation of hostile foreign countries?

Arazi

(6,829 posts)
84. Cause Trump just authorized releasing military hardware to police departments
Fri Sep 1, 2017, 10:41 AM
Sep 2017

So yah, police officers are going to look even more like combat soldiers with even deadlier toys than ever before

denbot

(9,897 posts)
85. I am aware of Trump's intentions.
Fri Sep 1, 2017, 11:00 AM
Sep 2017

What perplexes me is how Revachst conflated WinkDink's post with an implication that WindyDink thinks "all military members are fascist".

Revanchist

(1,375 posts)
107. Sorry, my nerves have been raw the last few days.
Fri Sep 1, 2017, 03:26 PM
Sep 2017

Life has thrown me a few curve balls and I guess that I'm on edge and feeling very defensive. There are the occasional posters here who are very anti-military in general and I interpreted the post as the cop is acting in a very fascist manner and I never thought of the militarization of the police force as much as putting the violent authoritarian people in the military.

Like I said not having a very good week and I'm lashing out at others since I feel so helpless in my own situation.

denbot

(9,897 posts)
108. Sorry to hear that bro/broette..
Fri Sep 1, 2017, 03:40 PM
Sep 2017

Yeah in the nearly 17 years I've been around here only once did I come close to a G.B.C.W. (good bye cruel world) post. A dickbag DU'er called vets cannon fodder, and that they deserved their fate. I alerted, but the comment was left up.

The thing is that we need to practice a little stoicism, and take into account that many of our DU brethren are passionately dedicated to seeing that the lives of our service men and women are not squander frivolously, like what happened in Vietnam, and Iraq.

Peace,
denbot

TeamPooka

(24,198 posts)
16. I hope this costs the citizens of Salt Lake City a huge boatload of money
Fri Sep 1, 2017, 03:32 AM
Sep 2017

I hope this costs the citizens of Salt Lake City a huge boatload of money

 

mythology

(9,527 posts)
55. It would be a more effective deterent if it cost the Salt Lake City police department money
Fri Sep 1, 2017, 08:11 AM
Sep 2017

The city's insurance going up won't realistically hurt the cops who think this is a good idea. Instead, the money should come out of the police budget or their pensions. Obviously that should in addition to this cop, the cop who stood there and didn't interfere and anybody else involved should be fired and arrested.

Laffy Kat

(16,366 posts)
20. Just read up on it.
Fri Sep 1, 2017, 03:42 AM
Sep 2017

It was July 26th. The police officer has been suspended pending an IA investigation. Both the nurse the the hospital are considering legal action.

SergeStorms

(19,108 posts)
24. A belated welcome....
Fri Sep 1, 2017, 04:03 AM
Sep 2017

to DU, krakfiend! I sincerely hope you're not an actual crack fiend. But if you're hanging around DU, your mental faculties are in tip-to shape, so I really doubt it. Again, welcome.

LuckyCharms

(17,402 posts)
22. That fucking bastard. A nurse has a difficult enough job.
Fri Sep 1, 2017, 03:55 AM
Sep 2017

And now she is traumatized by some half-wit goon putting his hands on her.

At what point does stuff like this go from "our department will revise its training procedures" to "there is a systemic problem that needs to be fixed"?

SergeStorms

(19,108 posts)
26. And a belated "welcome"...
Fri Sep 1, 2017, 04:08 AM
Sep 2017

to you as well, LuckyCharms. We've had an accelerated number of people joining lately. You'd think we had a complete moron in the White House or something. The more the merrier. Slug away at the reich-wing lunatics along with the rest of us.

SergeStorms

(19,108 posts)
23. I sincerely hope......
Fri Sep 1, 2017, 03:59 AM
Sep 2017

this Police Officer is looking for a new job at this very moment. He knows the law, or he should know the law, and his insistence on drawing blood when none of the legal criteria were met went beyond the pale of good judgment and reason. His disposition is not suited for law enforcement. He seems to be ideally suited for the Trump administration, though, so he has that going for him.

I hope the nurse sues the police officer, the police department, and the city of Salt Lake City. What they did to her was horrible, and all because an out-of-control police officer refused to follow procedure. Asshole! The law enforcement departments in the country seem to be going power mad, and I believe a great deal of that attitude is due to the attitude of the shit-geyser in chief, Donald Trump. He's as much as told police that they can "rough up" suspects.

This country is falling apart, and it's all due to the orange ego-maniac who stole the presidential election under the aegis of Vladimir Putin.

yardwork

(61,526 posts)
52. It's worse than that. The cop's lieutenant told him to arrest her.
Fri Sep 1, 2017, 07:55 AM
Sep 2017

The department was 100% wrong in their understanding of the law - constitutional law - and they quickly became violent in their efforts to impose their incorrect understanding. THIS is fascism.

SergeStorms

(19,108 posts)
119. I also believe.....
Fri Sep 1, 2017, 07:56 PM
Sep 2017

that Trump raised the ante in Police brutality with his "rough them up" speech in New York about a month ago. Hey, they have the permission and protection of Trump and the Justice department behind them, why not kick it up a notch? Everyone knows it's "constitution, schmonstitution" as far as Trump is concerned.

 

mythology

(9,527 posts)
92. He shouldn't be looking for a job
Fri Sep 1, 2017, 11:32 AM
Sep 2017

He should be looking for a criminal defense attorney for his trial. It's pathetic that he isn't. Unfortunately we provide far to much protection for the many bad cops. Every cop there should be arrested as well as the lieutenant who ordered the arrest. It was a blatant abuse of power and the way to make these things stop is to put harsh and direct punishment on the cops who abuse their power.

Ilsa

(61,687 posts)
30. LEO was older, not a young inexperienced guy,
Fri Sep 1, 2017, 04:16 AM
Sep 2017

it appears. This looks like someone who has anger issues, possibly from working too long. He needs to be retired. I hope the nurse gets whatever she needs to feel safe at work again.

defacto7

(13,485 posts)
31. Here in SLC it's unusual for police to run amok like this.
Fri Sep 1, 2017, 04:29 AM
Sep 2017

but definitely not unusual for the sheriff's dept. to run off the rails, threatening employees, etc. They seem more militaristic in their training and attitude.
In the recordings it easy to hear the passive agressive voice turn to controlled aggression with the vocal tremors. The cop definitely has psychological control issues.

orangecrush

(19,342 posts)
32. This is the aftermath
Fri Sep 1, 2017, 04:30 AM
Sep 2017

The other cop tries to bullshit her while she is in the car, telling her she is "obstructing justice".

Just unbelievable.


LuckyCharms

(17,402 posts)
38. That asshole cop that is kneeling and talking to her...
Fri Sep 1, 2017, 06:23 AM
Sep 2017

is a bullshit artist and does not have any idea what he is talking about. He is making shit up on the fly.

yardwork

(61,526 posts)
45. To me, that is the worst part. Fascism in action.
Fri Sep 1, 2017, 07:30 AM
Sep 2017

And the ineffectual people standing around on their phones are worrisome too. They didn't even get the officer's name and number until after they'd hauled the nurse to an unmarked car?

Pachamama

(16,884 posts)
35. This Nurse deserves a Medal! Fyi - this nurse isn't just any nurse-she is a former 2 time Olympian!
Fri Sep 1, 2017, 05:37 AM
Sep 2017

Not only was she doing her job protecting her patient and the patients rights, following the rules and regulations of the hospital, she was following the law!!!

These police officers were breaking the law, asking her to break the law and when she didn't comply, they violently arrest her without stating the reason for the arrest or reading her Miranda rights. They hurt her in the process of the arrest, she never resisted arrest and is rightfully scared and continuously asking why are they arresting her. The police officer who kneels down to talk to her as she has been put in the car in handcuffs, lectures her that he knows the law and has been doing this for 20 years and basically is trying to tell her that all she needs to do is to do as they are instructing (even though she repeatedly says she can't and its against the regulations and her duty to her patient and they don't have a warrant and the man isn't arrested).

Alex Wubbels, the nurse, formerly known as Alex Shaffer, is a two time Olympian in Alpine Downhill skiing and competed on the US Ski team in Nagano in 1998 and in Salt Lake City in 2002. Two time Olympian. She qualified for the coveted few spots on the US Olympic Ski Team.

https://www.sports-reference.com/olympics/athletes/sh/alex-shaffer-1.html

Unfucking believable....

Lunabell

(6,031 posts)
36. I would refuse too.
Fri Sep 1, 2017, 06:16 AM
Sep 2017

This could be considered battery. As a nurse I have to follow a patient's need. I would only obey with a court order.

LuckyCharms

(17,402 posts)
39. Also, would HIPAA laws not override all until...
Fri Sep 1, 2017, 06:26 AM
Sep 2017

a court order is obtained? I'm asking because I don't know, but it seems to me like HIPAA would take precedence until a judge, rather than a cop, overruled HIPAA.

Edit: spelling

HopeAgain

(4,407 posts)
43. HIPAA applies to existing records...
Fri Sep 1, 2017, 07:04 AM
Sep 2017

Here, they want to make the hospital participate in a warrantless search (blood draw) without consent. This is also a violation of the Constitution.

csziggy

(34,131 posts)
106. In 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal
Fri Sep 1, 2017, 03:08 PM
Sep 2017
In Thursday’s news conference, Wubbels’s attorney Karra Porter said that Payne believed he was authorized to collect the blood under “implied consent,” according to the Tribune. But Porter said “implied consent” law changed in Utah a decade ago. And in 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal. Porter called Wubbels’s arrest unlawful.

“The law is well-established. And it’s not what we were hearing in the video,” she said. “I don’t know what was driving this situation.
https://www.washingtonpost.com/news/morning-mix/wp/2017/09/01/this-is-crazy-sobs-utah-hospital-nurse-as-cop-roughs-her-up-arrests-her-for-doing-her-job/


Are police officers required to do continuing education so they are kept up to date on the laws they are supposed to obey and enforce? Nurses and teachers are required to take classes on a regular basis. If cops are not required to, that needs to change!
 

Lee-Lee

(6,324 posts)
48. Dumbass needs to be fired for sure
Fri Sep 1, 2017, 07:41 AM
Sep 2017

The change in law isn't a recent one, its last year, and he should have known about it.

Even if he had been right, you don't handle it like that and you don't lose your temper like that. If the nurse was wrong you find another, get your blood, and later come back with a summons if you really want to push the issue of obstruction. But she wasn't wrong, so that just doubles down on it.

How is this department updating its people on changes to the law and changes to case law like this? We got newsletters every two weeks from the DA's office that covered changes to the law like those and every 6 months we hand mandatory in-service training with the DA or a lawyer from the state Justice Academy just to go over changesnin the law that were new.

One of the basic obligations when your sworn to uphold the law is to know what your doing and get it right. The body of law is ever changing and even if it never changed no one person can know it all. We all had a complete copy of the NC criminal statutes in a small book with us at all times and file #1 was always if you are not sure look that shit up. His not being aware of SCOTUS case law that affected his duties directly that's from last year shows he and his department deeply negligent in that regard.

RKP5637

(67,078 posts)
53. This sure gives one respect for the police, NOT!!! Wait until Trump loads them up with
Fri Sep 1, 2017, 07:58 AM
Sep 2017

more military gear and prepares his supporters as Brownshirts. Not real one might say, well shit does happen as the US might turn right wing fascist.

mercuryblues

(14,519 posts)
57. These cops do not even realize or care
Fri Sep 1, 2017, 08:20 AM
Sep 2017

about what they did. His partner told her if she had just done what he wanted ... His Lt. ordered him to arrest the nurse if she did not comply. They fractured the respect and working relationship between cops and hospital care givers by arresting her. All 3 need to lose their jobs.

Cops do not like to even give speeding tickets to hospital employees. Especially nurses and Drs. And here this guy waltzes in like he is the boss king. He will not be told no.

Ilsa

(61,687 posts)
60. It's no different than a cop telling a doctor to remove someone's kidney.
Fri Sep 1, 2017, 08:30 AM
Sep 2017

It's just as illegal to ask the nurse to draw blood under these circumstances. Magnitude of transgression is the only difference.

Unlike the cops, the nurse has a license to protect. She could personally be sued by the patient, called before the state board of nursing, lose her job, etc, just because two cops were ordering her to do something illegal, which they had no right to do. She doesn't work for them.

JonLP24

(29,322 posts)
62. Holy shit. Her surpervisor was like "don't attack the messenger"
Fri Sep 1, 2017, 08:41 AM
Sep 2017

and he was like "she's the one who told me" then her supervisor says "Sir, you're making a huge mistake" and he proceeds to double down on it.

Cicada

(4,533 posts)
63. She would not let the phlebotomist cop draw blood
Fri Sep 1, 2017, 08:42 AM
Sep 2017

I think the cop was trained by the police to be a phlebotomist and the nurse would not permit him to draw the blood. The theory of the arrest may have been that the nurse interfered with him doing his job. But arresting her was clearly a horrible idea, brain dead stupid.

JonLP24

(29,322 posts)
65. She was relaying the hospital policy from her supervisor
Fri Sep 1, 2017, 08:47 AM
Sep 2017

She was just doing her job informing him of the policy the police department agreed with the hospital specifically for patients suspected of driving under the influence.

The detective didn’t have a warrant, first off. And the patient wasn’t conscious, so he couldn’t give consent. Without that, the detective was barred from collecting blood samples — not just by hospital policy, but by basic constitutional law.
https://www.washingtonpost.com/news/morning-mix/wp/2017/09/01/this-is-crazy-sobs-utah-hospital-nurse-as-cop-roughs-her-up-arrests-her-for-doing-her-job/?utm_term=.8bb1a4a425c3

Cicada

(4,533 posts)
82. Does she have a right to stop an illegal search?
Fri Sep 1, 2017, 10:36 AM
Sep 2017

I agree that the phlebotomist cop had no constitutional right to draw blood. But apparently he mistakenly thought he did. Does the nurse have a legal right to stop the cop from his planned illegal action? I don't know. My guess would be yes, she had that right because they were in a hospital her employer had the right to control. My point was that the cop did not order her to draw blood, contrary to what everyone else seems to believe. If I use force to prevent a cop from illegally searching my house after he screams, and mistakenly believes, exigencies circumstances, have I broken the law? I don't know. Maybe my only remedy is to have what was found excluded from evidence.

Cicada

(4,533 posts)
91. Police can legally do things they should not do
Fri Sep 1, 2017, 11:24 AM
Sep 2017

It seems clear they should not have arrested anyone. I just wonder if they had a legal right to arrest the nurse even tho they should not have done that. I doubt the arrest was legal but I am not sure about that.

 

LanternWaste

(37,748 posts)
93. I can't imagine a case in which the police have the legal right to arrest someone
Fri Sep 1, 2017, 11:37 AM
Sep 2017

I can't imagine a case in which the police have the legal right to arrest someone attempting to adhere to local, state and federal laws regarding patient privacy.

Though they may have (arguably) the de-facto legal authority to do so, I'd imagine they do not have the legal right.

WoonTars

(694 posts)
105. Nothing that occurred in this situation was legal.
Fri Sep 1, 2017, 02:30 PM
Sep 2017

From trying to draw blood, without a warrant, from a person that clearly could not consent, all the way up to the forceful arrest of the nurse.

I hope that cop gets fired, and the nurse enjoys her millions...

anneboleyn

(5,611 posts)
110. Illegally obtained blood, which this would be, is not admissible in court. So WTF is the cop doing?!
Fri Sep 1, 2017, 04:42 PM
Sep 2017

He had no grounds to arrest that nurse. She didn't determine the hospital's policy. She was sent to READ the policy and protect the patient. That is very fucking basic. The cop is quite clearly making an inappropriate and impotent show for NO reason.

Illegally obtained blood -- which this IS (no warrant and the patient is not subject to arrest) -- is NOT admissible in court. Defense attorneys would have it thrown out immediately. Also, the patient was a VICTIM. The police were in a high speed chase, and the driver being chased crashed into this truck driver, who was doing nothing wrong and breaking no laws.

Baconator

(1,459 posts)
118. Blood was being drawn in preparation for the pending (likely) civil suit...
Fri Sep 1, 2017, 07:45 PM
Sep 2017

The patient had been the victim of a person fleeing during a high-speed pursuit.

Once (if) the patient recovers they can sue the police based on their policies that the risk to the public outweighs the benefit of catching the criminal.

If the police can find drugs or alcohol in the victim then their liability is reduced.

Evidence that would be on its face illegal in a criminal case can find its way into a civil case.

obamanut2012

(26,027 posts)
137. You are a cop apologist -- no, he had no right
Sat Sep 2, 2017, 08:32 AM
Sep 2017

to either arrest her or draw blood.

Quit twisting yourself like a pretzel to passive-aggressively blame the nurse.

Cicada

(4,533 posts)
139. Thinking cops can get away with murder isn't apologizing for them
Sat Sep 2, 2017, 10:42 AM
Sep 2017

I am just wondering if the cop has ways to wiggle out of responsibility. I am not blaming the nurse. I view her as heroic.
I view the cop as typically authoritarian, enraged when someone fails to immediately lick his boots. I think we should try to avoid hiring cops who are excessively authoritarian. I view many of the Trump dead Enders as excessively authoritarian.

MuseRider

(34,093 posts)
135. She is there to protect her patients.
Fri Sep 1, 2017, 11:15 PM
Sep 2017

I think we all have a right to stop illegal action. Nurses are there for the patients, not the doctors or the hospitals although they work with all of them but they are there as a patient advocate and challenge things whenever they think something is not right.

You may get put in jail and you may get hurt but you do not have to obey an illegal request. You do not have to let them in your house without legal papers requiring you to do so.

MiniMe

(21,706 posts)
95. Did he show proof that he was a phlebotomist?
Fri Sep 1, 2017, 12:06 PM
Sep 2017

The blood results would have been thrown out in court anyway without a warrent

obamanut2012

(26,027 posts)
136. There was no arrest -- why do you not get that
Sat Sep 2, 2017, 08:30 AM
Sep 2017

It is illegal for them to even ask for a blood draw -- SCOTUS decided that. ILLEGAL. The nurse would have been fired, lost her license, and sued if she had done that. She is a hero.

grantcart

(53,061 posts)
66. Thanks for posting this. Obviously fuck up. Appreciate it if you can keep us posted on the obvious
Fri Sep 1, 2017, 08:48 AM
Sep 2017

follow up.

JonLP24

(29,322 posts)
71. She doesn't appear to be suing unless something changes
Fri Sep 1, 2017, 09:08 AM
Sep 2017

For now, Wubbels is not taking any legal action against police. But she’s not ruling it out.

“I want to see people do the right thing first and I want to see this be a civil discourse,” she said Thursday, according to the Deseret News. “If that’s not something that’s going to happen and there is refusal to acknowledge the need for growth and the need for re-education, then we will likely be forced to take that type of step. But people need to know that this is out there.”

https://www.washingtonpost.com/news/morning-mix/wp/2017/09/01/this-is-crazy-sobs-utah-hospital-nurse-as-cop-roughs-her-up-arrests-her-for-doing-her-job/?utm_term=.8bb1a4a425c3

ismnotwasm

(41,952 posts)
72. I saw this on ZDoggMD
Fri Sep 1, 2017, 09:13 AM
Sep 2017

The cop behavior was in no way defensible. Here is ZDoggs discussion on it. All of the "zpack" as he calls us, are horrified


 

Kentonio

(4,377 posts)
73. The truly terrifying thing about this and so many of these kinds of videos is the level of violence.
Fri Sep 1, 2017, 09:13 AM
Sep 2017

Obviously the cop was wrong to arrest her anyway, but even if it had been legitimate he could have just said 'Sorry Ma'am, I'm going to have to place you under arrest, please come with me'. She's a fucking nurse for christs sake, she didn't pose any kind of threat to the officers, she wasn't a flight risk, or a danger to the public. Hell, even if their police policies require handcuffs, he could have just asked her politely to place the cuffs on her.

But no, once again a cop uses aggression and physical force for absolutely no damn reason. Other countries don't police this way, and they see a lot less bullshit arrests and a lot less suspects AND officers getting hurt or killed as a result.

FarPoint

(12,270 posts)
77. This is what our ☮️ Officers have become....
Fri Sep 1, 2017, 09:33 AM
Sep 2017

A brutal collective of SS Troops....This video should wake up a few minions....

socialist_n_TN

(11,481 posts)
80. This shit has been going on a LOOONG time before Trump.........
Fri Sep 1, 2017, 09:45 AM
Sep 2017

It's not new. Is Trump encouraging more of it? Maybe, but he's not the cause, he's the symptom.

NutmegYankee

(16,197 posts)
113. It would be a state charge, and the president can only pardon Federal Offenses.
Fri Sep 1, 2017, 05:18 PM
Sep 2017

It's a limitation in Article II, section 2 of the Constitution.

MuseRider

(34,093 posts)
88. When I was in Nursing school and after I
Fri Sep 1, 2017, 11:13 AM
Sep 2017

graduated and was waiting for my board scores and my transfer to ICU I worked in the ER. Even back then the first thing they told us is that we were there for the patient. It did not matter if there were drugs, you hid them because the patient was there under our care and if the cops wanted to bust them they would have to wait. The patients need to have complete trust that they will be cared for.

I watched this and I think the entire thing boiled down to a WOMAN telling him no. Even after hearing the hospital policy, even after listening to her supervisor it came down to her telling him no.

Not all cops are bad, not all cops are bullies, not all cops are irrational in their behavior. There was absolutely no reason for this guy to go nuts. The man who he wanted blood from was the victim not the perp. The cause of the accident was that the guy they were chasing hit the guy he wanted blood from who was apparently minding his own business doing his job or just driving. Perhaps we need a blood sample from cops who feel the need to chase people through towns in vehicles and make them run and do stupid things. Perhaps we need a blood sample from cops who cannot follow the law and feel like they can push women around (probably men too but I think the end result would have been different) and be this belligerent and angry over a woman doing her job WITH PROOF that that was her job.

*clip*

"Wubbels’s supervisor chimes in on the speakerphone. “Why are you blaming the messenger,” he asks Payne. “She’s the one that has told me no,” the officer responds.

“Sir, you’re making a huge mistake because you’re threatening a nurse,” Wubbels’s supervisor says over the phone.

At that point, Payne seems to lose it."

It is just part of it but I would like to see what his steroid levels are or if he has been treated for violence when someone tells him no.

 

Demit

(11,238 posts)
127. That's the impression I got. The man with the badge didn't like being told no,
Fri Sep 1, 2017, 09:37 PM
Sep 2017

and by a woman, no less. Well, he had a badge & a gun and he was gonna show HER who was boss.

MuseRider

(34,093 posts)
129. Yeah, there was just that
Fri Sep 1, 2017, 09:41 PM
Sep 2017

summpin summpin that comes with a man who has been challenged by someone lesser than he is. Most of us get that feeling really quickly when that is part of these kinds of episodes. A certain kind of bullying, a very scary kind especially when the jerk has a gun, handcuffs and shoves you in a car away from your friends.

I am certain this guy struts his power all the time but in the case of women it is special. I can only imagine what he would have done if she had been a black woman.

yardwork

(61,526 posts)
128. I also blame the lieutenant who told him to arrest the nurse.
Fri Sep 1, 2017, 09:40 PM
Sep 2017

The worst part of this is NOT that a rogue cop went berserk. The worst part is that his superiors told him to break the law, and then a superior officer showed up and reinforced the lies and illegal behavior by continuing to bully the nurse. The whole department seems corrupt.

MuseRider

(34,093 posts)
130. You are correct.
Fri Sep 1, 2017, 09:45 PM
Sep 2017

I don't think I read this wrong but wasn't the guy they wanted blood from the guy who had been hit by the guy they were chasing? Why would they need anything from him if that was the case.

Nobody acts calmly anymore and that is what scares me the most. They start from the stance of "I am the boss and what I say goes" instead of ever even trying to find out what is going on first. It isn't like this guy was going anywhere. What was the testosterone rush here? We start at 10 now on everything.

yardwork

(61,526 posts)
131. I read the same as you. I think that there were two things going on.
Fri Sep 1, 2017, 09:50 PM
Sep 2017

One, the police had an urgent desire to get and test the crash victim's blood. There seem to be several theories about why they wanted this so urgently. I have my suspicions.

The second issue is that the older cop obviously didn't like his authority being questioned by a woman. He decided that when he didn't get his way, it was perfectly ok to physically attack her.

And it makes me mad that nobody stopped him.

MuseRider

(34,093 posts)
134. I cannot imagine if this had happened
Fri Sep 1, 2017, 11:09 PM
Sep 2017

in any nursing unit I was ever in that everyone would not have been backing her up and NOT letting those cops lay hands on a co worker. My guess is we are all way more afraid that we want to admit. They have killed enough people, mostly black people but still they have killed for no reason at all being always cranked up to 10 that we are all just leery of ever challenging them. She was very brave and she was right and she knew it. They are winning when this is the way we act and it makes me sick.

nini

(16,672 posts)
94. When are all these right wing tax hating pukes gonna get tired of using taxpayer money
Fri Sep 1, 2017, 11:40 AM
Sep 2017

to pay out when their police do crap like this?

This video is beyond disgusting - that woman did nothing wrong and was doing everything right. They didn't get their way so they overreact.

Every freaking officer there who didn't stop that needs to lose their job.

True_Blue

(3,063 posts)
99. Even if the nurse had let them illegally get the blood sample
Fri Sep 1, 2017, 01:03 PM
Sep 2017

Maybe I'm missing something, but how could they have used it in a court of law, since it would have been obtained illegally without consent or a warrant?

Tribalceltic

(1,000 posts)
102. As the patients nurse she has a duty to protect him
Fri Sep 1, 2017, 01:52 PM
Sep 2017

She acted professionally and properly While being assaulted , threatened and battered by a rogue element of Law enforcement. The Detectives partner should have prevented him from making the arrest. They should all be relieved of duty without pay until a proper, independent investigation can determine what charges they should face.

My one question is... am I next?

Blue_Tires

(55,445 posts)
112. The one silver lining is the more white folks get the "treatment"
Fri Sep 1, 2017, 04:49 PM
Sep 2017

the sooner we'll see sweeping reforms... Which incidentally is exactly what happened with the TSA.

frogmarch

(12,152 posts)
116. Bet he beats his wife
Fri Sep 1, 2017, 06:47 PM
Sep 2017

or girlfriend, if he has either. What an asshole. The nurse and the hospital should sue!

discntnt_irny_srcsm

(18,475 posts)
122. That's too useless and wouldn't cause him enough trouble in his life
Fri Sep 1, 2017, 08:43 PM
Sep 2017

I hope 'anonymous' decides to go after him. He looks close to retirement. Maybe they could let social security know that he 'died'.

dalton99a

(81,371 posts)
123. Well, Detective Jeff Payne has no need for doctors or nurses ever
Fri Sep 1, 2017, 08:54 PM
Sep 2017

He seems to be in perfect health and he will never need medical care

discntnt_irny_srcsm

(18,475 posts)
124. The mystery is solved
Fri Sep 1, 2017, 09:04 PM
Sep 2017

For anyone not aware of the location of the boil on the butt of the SLPD, he's it.
A real maggot of a man.

discntnt_irny_srcsm

(18,475 posts)
120. I am rather angry at the moment
Fri Sep 1, 2017, 08:39 PM
Sep 2017

Had I been there, I may have had to hit the useless bastard in the face with a bat.

Hamlette

(15,406 posts)
133. A warrant is so easy to get in SLC, he has fill in the blank form in his car
Fri Sep 1, 2017, 10:10 PM
Sep 2017

And judges are on call 24/7 for just this reason. Fire his ass and sue him.

struggle4progress

(118,196 posts)
138. Officer suspended
Sat Sep 2, 2017, 10:22 AM
Sep 2017

... "I was alarmed by what I saw in the video with our officer," Police Chief Mike Brown said.

Footage from a police body-camera shows Ms Wubbels explaining to the officer that she could not extract blood from the patient, who had been injured in a car accident, due to a recent change in the law.

A 2016 US Supreme Court ruling said a blood sample cannot be taken without patient consent or a warrant ...

Eventually the detective handcuffed Ms Wubbels and left her in a hot police car for 20 minutes, and she was not charged ...

https://stv.tv/news/international/1396927-policeman-suspended-for-handcuffing-hospital-nurse-who-refused-to-take-bloo/

Buns_of_Fire

(17,142 posts)
141. Suspended. As usual, given a paid vacation...
Sat Sep 2, 2017, 11:41 AM
Sep 2017
Alex Wubbels and her lawyers released footage of her being put into handcuffs, which resulted in Salt Lake City police putting Detective Jeff Payne on paid leave after prosecutors called for a criminal investigation.

Maybe they do this to give assholes like Payne plenty of time to lawyer up.
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