Utah Nurse arrested for protecting patient's consitutional rights.

[Meldetia]

Exigent circumstances doctrine makes the "illegal search" part of this a lot less cut and dry than people are making it out to be. The whole situation has a lot more grey area than the enthusiasm for arguing it would really imply. The cop was overzealous, the nurse was melodramatic, but both people were basically just doing what they thought was the right thing in the moment.

Pretty classy all around, really. Despite all of the "fucking pigs" or "stupid nurse" hot takes in the thread, the actual people involved handled the matter like adults in the aftermath.

I'm not sure that exigent circumstances would stand up if court if this had gone there. From the Wikipedia you linked:

Exigent circumstances may make a warrantless search constitutional if probable cause exists.

However the officer himself said, '“So why don’t we just write a search warrant,” the officer wearing the body camera says to Payne.
“They don’t have PC,” Payne responds, using the abbreviation for probable cause, which police must have to get a warrant for search and seizure.'

So on the record stating that no probable cause existed at that time.

I absolutely agree that the people involved dealt with this situation very well afterwards.

[Hammerfest]

I saw this and it was a pretty good candidate for my "2-minutes hate" award. Heads should roll over this.

[Daethz]

Not very surprising. Peoples rights in Trumps America mean nothing, just as he showed with the Arpaio pardon.

Yet here i am a trump supporter who is angry the police did this.
Was the trucker an american citizen? I could understand their thought process if he isn't but if he is they are just blatantly violating laws they where hired to uphold.

[The Stormbringer]

Good for her. She did the right thing here.

[AndaliteBandit]

It's really disturbing how the arresting officer's superior keeps referring to the law as "MY law," repeatedly telling her that "her policy" is against "MY law."

This is not a case of just one rogue officer.

[Caolela]

Again you demonstrate your inability to even read what the conversation I was having with the other guy was about. So yeah, stay in your lane and mind your own business if you can't even be bothered to see what the topic is before you jump in with your keyboard tourettes. And no, I won't bother replying to whatever your next abortion of a post is.

What, another of your pissed off cop outs? No mention of the subject that you just were thrashed on, since you were made a fool of you went to more personal attacks and false assertions, just as you attacked the poster from Canada that you claim I hadn't read?

You right-wing True Believers™ are getting more pathetic by the day.

[zenkai]

What crime were they investigating?

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More like charged with assault and locked up.

That's a bit extreme and foolish, our jails are over crowded as is.

[zenkai]

With non-violent drug offenders. Plenty of room for cops who abuse their power.

Well good thing smarter people are in charge and didn't put him in jail, just suspended him and she will probably get some sort of settlement out of it.

[cparle87]

If someone is a criminal and the police want their blood, their consent DOES fall secondary, but only IF the individual is under arrest and/or the police have a warrant. If neither of those happens, the individual must give consent. If those 3 things are lacking, no blood for the police.

He WASN'T a criminal, though. He was the victim of an auto accident in which a real criminal fleeing from police rammed into his car while he was minding his own business. That's why the police couldn't get his blood. One, he wasn't under arrest. Two, they didn't have a warrant. Three, they didn't have consent. The nurse told the cop that without one of those three she couldn't draw the blood. The officer said he understood that, then ordered her to do it anyway with threat of arrest if she didn't.

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The interview I posted illustrated just how rotten the U.S. police forces are and it isn't just a few cops, it's systemic. My saying "bad apples" preempted that excuse.

Aren't there like 3,000,000 law enforcement officers in the US? If you could drudge up 30,000 incidents like these it would still be 1%. Which sounds pretty much like the bad apples explanation.

[Orlong]

Hope she gets some money for the unnecessarily harsh treatment.

It wasnt unecessarily harsh. She got the harsh treatment because she didnt comply with the officer. She had the right to refuse to draw blood, but she did NOT have the right to refuse to be arrested. The correct thing to do is comply with the officers orders, and then if the officer is wrong (which he was in this case), sort it out in court.

The nurse doesnt decide what is legal and what isnt, a judge does. When will people learn that telling a cop you refuse to comply with orders will NEVER lead to a cop just leaving them alone. Youll either comply willingly, or in this case and many others, youll comply unwillingly, and likely end up with some bruises, scrapes, or taser probes stuck in you

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Well shit... I hope she can sue (And win) someone for this. I mean, they're arresting someone for refusing to break the law.

She should have let them cuff her peacefully, and its likely she would have been released at the scene and at worst, she wouldve been set free by the judge at her arraignment. At that point she could get a lawyer and sue the police department

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Well it is Utah the only black people there play for the Jazz or got lost driving through the state.

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The hospital doing it so they can take care of the person isn't what was happening though. It was the police wanting it to run for drugs and alcohol, entirely different. She was protecting his 4th amendment right.

The 4th Amendment protects against unreasonable search and seizure. What is so unreasonable about testing someone who was in an accident for drug and alcohol use to determine if he was intoxicated?

[Orlong]

In the article, it mentions that the detective was part of a police phlebotamist program, and HE wanted to draw the blood from the hospital patient. The nurse was stopping the officer from drawing the blood, not refusing to draw it and provide it herself.

If that is the case, then she WAS in the wrong in every way. She is a NURSE, not a Security guard. Its not her job to do anything other than provide care to a patient.

[Blade Wolf]

It wasnt unecessarily harsh. She got the harsh treatment because she didnt comply with the officer. She had the right to refuse to draw blood, but she did NOT have the right to refuse to be arrested. The correct thing to do is comply with the officers orders, and then if the officer is wrong (which he was in this case), sort it out in court.

The nurse doesnt decide what is legal and what isnt, a judge does. When will people learn that telling a cop you refuse to comply with orders will NEVER lead to a cop just leaving them alone. Youll either comply willingly, or in this case and many others, youll comply unwillingly, and likely end up with some bruises, scrapes, or taser probes stuck in you

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She should have let them cuff her peacefully, and its likely she would have been released at the scene and at worst, she wouldve been set free by the judge at her arraignment. At that point she could get a lawyer and sue the police department

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The 4th Amendment protects against unreasonable search and seizure. What is so unreasonable about testing someone who was in an accident for drug and alcohol use to determine if he was intoxicated?

Here is a good explanation as to why they fucked up.

[Orlong]

Uh, no. She was the head nurse in charge. Part of her job is to ensure protocols are enforced. And as said earlier to this reply:

Except she is in charge of making sure the nursing staff follows protocols, not the police. She has no authority over anyone outside of the hospital staff. Also Hospitals do have security staff as well, so if she thought the cop was in the wrong, she should have called hospital security and not try to stop the cop herself. Its simply not her job

[Noxx79]

Except she is in charge of making sure the nursing staff follows protocols, not the police. She has no authority over anyone outside of the hospital staff. Also Hospitals do have security staff as well, so if she thought the cop was in the wrong, she should have called hospital security and not try to stop the cop herself. Its simply not her job

It absolutely is her job. In a hospital, or health care setting, patient privacy, care, and sanctity is more important than anything. Since the officer did not have what was required for a blood sample, then it was her job to protect the patient.

If you've ever been in a healthcare setting, this is drilled into you constantly. One of the worst things a hospital can do (other than outright killing a patient) is performing an unnecessary and unauthorized procedure on a patient.

[Beardless Man]

Not very surprising. Peoples rights in Trumps America mean nothing, just as he showed with the Arpaio pardon.

This isn't even a Trump case, stop bringing it to Trump when he has nothing to do with this case. This was a police officer overstepping his boundaries and arresting an innocent person protecting another's rights. This police officer was out of line, he was told to not touch the patient/suspect as he is incapable of consenting in his condition.

My god, it always comes to Trump when this isn't even remotely Trump's fault that some idiot decided to arrest another to enforce his way.

[Alvito]

It wasnt unecessarily harsh. She got the harsh treatment because she didnt comply with the officer. She had the right to refuse to draw blood, but she did NOT have the right to refuse to be arrested. The correct thing to do is comply with the officers orders, and then if the officer is wrong (which he was in this case), sort it out in court.

The nurse doesnt decide what is legal and what isnt, a judge does. When will people learn that telling a cop you refuse to comply with orders will NEVER lead to a cop just leaving them alone. Youll either comply willingly, or in this case and many others, youll comply unwillingly, and likely end up with some bruises, scrapes, or taser probes stuck in you

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She should have let them cuff her peacefully, and its likely she would have been released at the scene and at worst, she wouldve been set free by the judge at her arraignment. At that point she could get a lawyer and sue the police department

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The 4th Amendment protects against unreasonable search and seizure. What is so unreasonable about testing someone who was in an accident for drug and alcohol use to determine if he was intoxicated?

Yes, you are innocent until proven guilty. One of many reaso s why they have warrents to drw blood. He did not. He was trying to take what the hospital drew to care for the patient. So attempted theft oiled onto false arrest. He had no cause and tried to skirt the laws. Ine of many reasons he was removed from that department of the police and now let go.

Nice to see the nutters jumping in after the dust has settled and exposed the officer was completely in the wrong, yet now they support him.

[Toogoodman]

Its funny, the people who want more government are against this type of treatment, yet still want more government. This is exactly what abuse of power and government is, in the flesh.

[Noxx79]

Its funny, the people who want more government are against this type of treatment, yet still want more government. This is exactly what abuse of power and government is, in the flesh.

It's really odd then that those who want to give police more power fall on the "small government" side.

[Toogoodman]

It's really odd then that those who want to give police more power fall on the "small government" side.

I find myself on the side of less police, less militarization, and better training for interactions with the civilian population. Because its obvious that they're completely out of control in many areas, i have never had a "good" run in with police, i turned right on red, there was no sign, yet i still got a ticket, and he was an utter ass about it, I cant even imagine what its like if you actually do something wrong.

[Kujako]

And now the police are refusing to interact with the hospital staff. How mature of them.