WATCH: Utah nurse being arrested for refusing to give a patient's blood to police

[L. Coyote]

Last edited Fri Sep 1, 2017, 09:01 PM - Edit history (1)

Link to tweet

Link to tweet

Link to tweet

[mahatmakanejeeves]

1. "This is mmmmyyyyyyy country, land that I love." NT

[ProudLib72]

2. This is the part of the story that gets me

It all started when a suspect speeding away from police in a pickup truck on a local highway smashed head-on into a truck driver, as local media reported. Medics sedated the truck driver, who was severely burned, and took him to the University of Utah Hospital. He arrived in a comatose state, according to the Deseret News. The suspect died in the crash.

A neighboring police department sent Payne, a trained police phlebotomist, to collect blood from the patient and check for illicit substances, as the Tribune reported. The goal was reportedly to protect the trucker, who was not suspected of a crime.

Protect the trucker even though he was not suspected? Seems very fishy.

[kcr]

19. Yeah, it wasn't the trucker they were interested in protecting

It was their own ass. They were hoping to find something in his blood so they could try to pin blame on him.

[snowybirdie]

3. This is totally

out of context. Why did they want it? Was he suspected of drunken driving and injured or killed others? If so, the police needed that blood to prove the case. Its her job to cooperate with law enforcement.

[exboyfil]

4. He was the victim

Not the suspect. It was a fishing expedition with no legal foundation.

[d_r]

12. I don't know if it has to do with the reason but two things

1. the injured driver they wanted blood from was a reserve police officer from Idaho (I don't know if they were trying to get it for his insurance claims later ?)

2. He was injured by a car that was in a high speed chase that crossed the line and hit him head on (I don't know if they were concerned about a future lawsuit because the police were chasing the car that hit him?)

Supposedly, the blood test was requested by another jurisdiction.

[JonLP24]

14. #2 makes perfect sense now

now I totally understand why the cops wanted the blood so bad.

[Brother Buzz]

23. The victim was a reserve police officer

They wanted to clear his name, post haste; to Hell with the constitution when a member of your brotherhood is involved.

[LisaL]

36. Clear his name from what?

He was a victim and thus not suspected of anything. There was nothing to clear him from.

[L. Coyote]

5. Her job is to protect patient privacy according to the law.

[JonLP24]

6. She clearly outlined hospital policy that the police department agreed with

1) They need a warrant -- which they didn't have

2) they need his consent -- he was unconscious

Washington Post

Besides all she was doing was telling him what her supervisor said.

y all accounts, the head nurse at the University of Utah Hospital’s burn unit was professional and restrained when she told a Salt Lake City police detective he wasn’t allowed to draw blood from a badly injured patient.

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.

Still, Detective Jeff Payne insisted that he be let in to take the blood, saying the nurse would be arrested and charged if she refused.

Nurse Alex Wubbels politely stood her ground. She got her supervisor on the phone so Payne could hear the decision loud and clear. “Sir,” said the supervisor, “you’re making a huge mistake because you’re threatening a nurse.”

Payne snapped. He seized hold of the nurse, shoved her out of the building and cuffed her hands behind her back. A bewildered Wubbels screamed “help me” and “you’re assaulting me” as the detective forced her into an unmarked car and accused her of interfering with an investigation.

<snip>

On top of that, Wubbels was right. The U.S. Supreme Court has explicitly ruled that blood can only be drawn from drivers for probable cause, with a warrant.
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

[L. Coyote]

30. Thanks for adding all this.

[Arazi]

7. Here's a link to the full story

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

The cop is an asshole and will pay big $$$ in her lawsuit

[Ms. Toad]

9. Seriously????

There's that little pesky thing called the Constitution that prevents police officers from demanding blood be drawn, without probable cause - which, except in very rare circumstances isn't a call police get to make. We leave that call to neutral magistrates, to avoid becoming 2-bit police states with no respect for the privacy rights of our citizens.

[LanternWaste]

10. what is the specific context you allege is lacking?

What leads you to believe part of her job is to cooperate law enforcement?

Additionally, what is the specific context you allege is lacking, and what leads you to believe there is in fact, a lack of this context?

[dalton99a]

11. Basic constitutional law

The U.S. Supreme Court has explicitly ruled that blood can only be drawn from drivers for probable cause, with a warrant.
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/

[FarPoint]

16. The Nurse has duty to protect her patient...

The Nurse is following Protocols....The reason the LEO gives to get the labs fail the standard of law and hospital protocol...

Officers in this case we're pisst off. Assult to the nurse followed...

[MyNameGoesHere]

28. You really didn't watch the video

Or read about this did you?

[yardwork]

32. You are wrong, just like the police were.

[NutmegYankee]

40. If a cop orders you to murder someone, would you do it?

An extreme example, but also a demonstration that the duty to obey a cop's orders only pertains to LAWFUL orders. The cop in this case was completely wrong about the law and his order was unlawful.

[AngryAmish]

8. All of this due to the neo-prohibitionists at MADD

[kcr]

20. Riiiight. Nothing to do with police and their shitty behavior.

That was a spectacular attempt at blameshifting, though!

[bettyellen]

21. Why the hate for Mothers against Drunk Driving? It's the easiest crime to get away with.

[yardwork]

33. What????

[LanternWaste]

44. You'll of course provide the specific mechanism leading to this cause and effect you allege, yes?

You'll of course provide the specific causation leading to this particular instance cause and effect you allege, yes?

Or is this simply another bumper-sticker predicated wholly on your own bias?

[Ms. Toad]

15. This explains the police officers insistence . . .

Gray is a truck driver when he is not serving as a reserve police officer, according to the Idaho State Journal

A misguided attempt to protect a fellow office by preserving evidence that he was clean. (Gray was the victim of someone fleeing the police, who hit him head on and died at the scene.)

[LisaL]

39. Protect him from what? He didn't cause the crush, he was a victim of the crush.

[Ms. Toad]

42. One way to prevent full recovery for the victim of a crash,

is to establish the victim was also negligent (in some jurisidictions it can prevent any recovery at all). Establishing he had no alcohol or mind-altering drugs in his system would minimize the likelihood that his (or his family's in the event of his death) recovery would be limited because of his own negligence.

(In other words, the argument will be that both parties caused the crash - so the off-duty police officer should recover less or, in some jurisdictions, not at all)

[imanamerican63]

17. Being a truck driver,

this is cover by legal ramifications and fall under federal laws. No, arresting her went over the line and could be an issue later? But, she needed to follow the law as screwy as it might be?

[NutmegYankee]

31. The law was on her side.

The Officer's order was illegal.

[LisaL]

37. She was following the law and the protocol.

[KG]

18. yay cops! they the bestest!

[Yo_Mama_Been_Loggin]

22. Sad

[HAB911]

24. Statement & comments by @ChiefMikeBrown & @slcmayor at 11:45 @ mayor's office

Link to tweet

[lpbk2713]

25. The heart of the issue was not the blood.

The police made a demand of a member of the general public who knew their job and followed standing instructions. Her refusal was followed by the usual intimidation tactics without success. Due process be damned. Hats off to the nurse. She is a hero for standing up to bullies.

[yardwork]

34. This is an example of fascist thuggery at work.

[Warpy]

26. She was a charge nurse citing hospital policy

The hospital is going to raise hell about this. I imagine the ACLU might get involved. Meanwhile Officer Pig is still on duty, he should enjoy throwing his weight around while he can, because it's not going to last.

Nurses can't just draw somebody's blood because some random cop wants it.

[L. Coyote]

27. Exactly.

[Warpy]

29. I've gotten more information about this one

through the grapevine. The patient wasn't under arrest because he was the victim of the whole thing which was caused by a police chase. That cop was hoping to get evidence that the victim had some sort of substance in his system that could be used to smear him and exonerate the cops. It was a total CYA situation for the cops.

This one is going to get messy.

[uponit7771]

35. +1, really messy ... why isn't what the cop did technically kidnapping ?

[Warpy]

41. Uh, huh.

Plus, she was the only woman there. The administrators present were all men.

This stinks to high heaven of many, many things.

[HubbleSN]

38. ANGER!!!!!

[L. Coyote]

43. Lawsuits to follow. Cop will be the one arrested at the end of the day.