My blood is protected!

[Sean Hayden]

When a detective tried to draw blood from an unconscious patient, a nurse stood her ground. Then she was arrested.

By 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.

http://www.bostonglobe.com/news/nation/ ... %3Atwitter

In 'merica even my blood is free! FREEDOM! What do you think Scot, pretty stupid for the police to need permission to take your blood right?

[Feck]

I dunno, If he had just been involved in a fatal motor accident that the police suspected was caused by his drink or drug driving I guess they had a right to ask for sample
The cop sure as fuck had no right to assault a nurse who was following policy, her supervisors instructions and the law .

[Sean Hayden]

He was involved in a fatal motor accident. But he was a victim. Some other guy had been running from the police. They wanted this guy's blood to help him. Okay, that's possible I suppose.

It sounds like they can usually get a warrant easily. You don't suppose that in such cases they're also usually able to pressure the nurse into getting a sample before they have a warrant, and that's what pissed this guy off?

[Feck]

From what I've seen the Cop had serious anger management issues I wouldn't trust him with a badge, a gun or a police car .

[mistermack]

There's a big difference between arresting someone, and doing it violently.
This is a nurse caring for her patient. If he wanted to arrest her, he didn't need to use violence.
For that alone, he needs to lose his job.
I've seen plenty of police arrests on the tv in various reality shows. They usually involve asking the person to put their hands behind their back, and happen peacefully. That sort of violence only usually happens after a car chase, on a suspect who is young, fit and fighting to escape.

That dick has no place in a police force.

[Sean Hayden]

What about complying with police orders? We've been told countless times now that we're supposed to follow all instructions given by police, and we are to do so without complaint or attitude.

Why is this an exception?

[laklak]

They didn't want his blood to "help" him, they wanted his blood to try to deflect the blame for engaging in a high speed chase that caused the death of the suspect and serious injury to an innocent citizen. Fucking assholes. Fucking illegal, corrupt, violent fatass, doughnut eating motherfuckers.

[Sean Hayden]

You'll have the feds in here with that kind of talk lak.

[JimC]

If I was that nurse, I'd be suing the arse off that moron cop and the whole police department. If she isn't getting offers from several law firms to do just that, I'd be very surprised...

[mistermack]

What about complying with police orders? We've been told countless times now that we're supposed to follow all instructions given by police, and we are to do so without complaint or attitude.

Why is this an exception?

It's different, because the nurse has a responsibility for an unconscious patient. And she knows that the cop is in the wrong.
She didn't physically try to prevent the cop from doing anything. She merely withheld her permission. They could have taken the sample against her wishes.
She has a right to disagree. But doesn't have the right to physically obstruct.

The day that you lose the right to disagree is the day it becomes a police state.
In any case, if she had given her consent to the blood being taken, she could have been open to being sued herself.

[pErvinalia]

Merka.

[JimC]

If only the nurse had been packing heat!

[Hermit]

What about complying with police orders? We've been told countless times now that we're supposed to follow all instructions given by police, and we are to do so without complaint or attitude.

Why is this an exception?

I don't think anyone in their right mind would argue that police orders are to be complied with unconditionally. One of the conditions that needs to be met is that the officer's order is a legal one. This one was not. The applicable law states that a police officer who wants to take a blood sample (this one was indeed suitably qualified to perform the task) needs either the patient's permission or a warrant. The officer had neither. He insisted on performing an illegal action. The nurse was morally and legally in the right in refusing compliance. In the past "I was following an order" turned out not to be a valid defence for acts of commission or omission.

I find the applicable law ridiculous, but that is neither here nor there. The police officer did not act out of the goodness of his heart, nor because he applied common sense. The victim he wanted to draw a blood sample from to obtain evidence of his sobriety at the time of the accident was an ex cop. The officer was doing a job for "one of the boys". It will not surprise me if the two were previously colleagues in the same police department or even the same police unit who knew each other personally.

And yes, the arresting officer has an anger issue that seems to make him unfit for the job.

[mistermack]

It would be great if the blood alcohol turned out to be over the limit.

[Brian Peacock]

What about complying with police orders? We've been told countless times now that we're supposed to follow all instructions given by police, and we are to do so without complaint or attitude.

Why is this an exception?

Sure, always comply with the police, but a nurse or doctor, or kindergarten teacher, or whatever, also has a duty and responsibility to the persons in their care. And besides, if the patient was unconscious then bloods would have already been taken - standard practice - so the cop only needed to request that additional tests be done on the sample.