Utah Nurse Arrested Over Refusing to Draw Blood

[Enfuego]

*yawn*

JohnyMac --

"The cops are such bad dudes and are not heroes."

Normal People --

"Why do you say that JohnnyMac?"

JohnnyMac --

"I don't like them because they shoot black people. That's why BLM was founded."

Normal People --

"You do realize that less than 20 black unarmed people were killed while in police custody in 2016 right JohnnyMac?"

JohnnyMac --

"I didn't realize that. I watch on T.V. and black people feel they are treated unfairly. It's not true?"

Normal People -

"No, that's not true JohnnyMac. You should do your homework instead of believing CNN."

JohnnMac --

"Yawn, I will do that starting tomorrow. Thanks for the tip."

 

[KennyB]

316.1933 f.s., includes serious bodily injury. This would be a non issue in Florida. The police can even use reasonable force to get the sample and the law protects the nurse or doctor from getting sued. Sorry but that is the way it should be.

 

[mplastered]

JohnyMac --

"The cops are such bad dudes and are not heroes."

Normal People --

"Why do you say that JohnnyMac?"

JohnnyMac --

"I don't like them because they shoot black people. That's why BLM was founded."

Normal People --

"You do realize that less than 20 black unarmed people were killed while in police custody in 2016 right JohnnyMac?"

JohnnyMac --

"I didn't realize that. I watch on T.V. and black people feel they are treated unfairly. It's not true?"

Normal People -

"No, that's not true JohnnyMac. You should do your homework instead of believing CNN."

JohnnMac --

"Yawn, I will do that starting tomorrow. Thanks for the tip."

Funny shit

 

[SgtLanquel]

In some states including Florida the law says that the state has the right to take blood in case of an accident involving a fatality.

That law still requires a legal search warrant. And there must be reasonable cause to believe the targeted individual was responsible for the traffic incident. When such RC is met, a warrant can be quickly issued and yes hospital personnel can be held legally liable if they resist service of the warrant

 

[SgtLanquel]

316.1933 f.s., includes serious bodily injury. This would be a non issue in Florida. The police can even use reasonable force to get the sample and the law protects the nurse or doctor from getting sued. Sorry but that is the way it should be.

Urp.....thanks for the cite.

I will amend my previous post to state that in Florida investigating officers must have Probable Cause - a higher standard than Reasonable Cause - to legally seize blood.

However it only applies to the driver(s) who can be suspected of causing the incident.

It is not unlikely that Utah has similar laws on the books.


However inn the OP storyline from Utah, we can easily deduce the impacted driver was NOT the one who created the cited collision. In fact he was the epitome of an 'innocent bystander' and therefore his BAC has no relevance sans a legal search warrant

 

[KennyB]

I was merely pointing out the law in Florida. That was not the law in Utah, different facts and in this case the cop was overly agressive.

 

[KennyB]

And yes, I thought it was the driver. My bad too.

 

[Enfuego]

I was merely pointing out the law in Florida. That was not the law in Utah, different facts and in this case the cop was overly agressive.

If the Supreme Court ruled a hospital/police official must have a warrant or consent to draw blood, that can't be the law in Florida.

 

[slapshot]

all coppers that were their should be fired

 

[SgtLanquel]

If the Supreme Court ruled a hospital/police official must have a warrant or consent to draw blood, that can't be the law in Florida.

Actually I looked at the pertinent statute and it is accurate. But the language precludes an officer applying for a warrant and within that warrant application he would cite the statute, receive his warrant and then peacefully get the blood drawn

 

[SgtLanquel]

all coppers that were their should be fired

Not sure I concur here.

Being a jackass should not immediately be a firing offense and likely is not even possible for a Union job like police officer.

If Officer Payne is otherwise a useful cop, pop him with an Unpaid Suspension and then use his story to properly educate police nationwide

 

[Enfuego]

Not sure I concur here.

Being a jackass should not immediately be a firing offense and likely is not even possible for a Union job like police officer.

If Officer Payne is otherwise a useful cop, pop him with an Unpaid Suspension and then use his story to properly educate police nationwide

Yeah, I don't necessarily think he should be fired. He was following department policy.

 

[KennyB]

The supreme court didn't say implied consent is unconstitutional. In this case, it was because the guy in Utah was not under arrest for dui. In florida, the bottom of your driver license reads "operation of a motor vehicle constitutes consent to a sobriety test required by law". I am only a business lawyer in Florida. However my father was a judge for 20 years in Miami and handled thousands of dui cases and used to testify in Tallahassee regarding changes to the law. I know a decent amount on the subject.

 

[slapshot]

Yeah, I don't necessarily think he should be fired. He was following department policy.

he is a Clown and the other coppers their should of put him in his place no reason to treat the Nurse the way he did

 

[michael777]

I guess i am alone on this,i think the nurse was in the wrong,okay,you guys win,i lose,good night

 

[SgtLanquel]

Yeah, I don't necessarily think he should be fired. He was following department policy.

Good thing he's not employed by Lab One fitness.....heh

 

[SgtLanquel]

The supreme court didn't say implied consent is unconstitutional. In this case, it was because the guy in Utah was not under arrest for dui. In florida, the bottom of your driver license reads "operation of a motor vehicle constitutes consent to a sobriety test required by law". I am only a business lawyer in Florida. However my father was a judge for 20 years in Miami and handled thousands of dui cases and used to testify in Tallahassee regarding changes to the law. I know a decent amount on the subject.

Good adjunct point.

If there is PC for a DUI in Florida the implied consent within our DLs doesn't mean we cannot challenge a (blood) search however we will be almost always subject to a DL suspension for not supporting that implied consent upon demand.

I know my fair share of criminal defense attorneys in FL and they are lockstep in pre-advising that one never consent to any form of "sobriety check".

Non-compliance can trigger a DL suspension but for most people that is preferable to providing the state with a virtual confession of DUI and receiving the subsequent conviction.

 

[Enfuego]

he is a Clown and the other coppers their should of put him in his place no reason to treat the Nurse the way he did

Well, Devil's Advocate would also question why she resisted once he made it clear he was taking her down?

Remember that Asian doctor on the airplane that pitched a fit? I mean, once the cops are taking you down, just take it like an adult and let the cops at the station or the courts handle the situation.

 

[JoeShmoe]

she's a DICK,and should spend some time in jail

Did you watch the video!?? I just hope that they don't let this ass continue working as a police officer.

 

[FearTheRaven]

Cop should be fired. No reason to act like that because you're wrong and angry. Was there really a reason to arrest her like that? Couldn't just discuss to find out the facts?

What a tough guy.