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Nurse arrested after refusing to give cop blood sample
09-01-2017, 10:49 PM
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Originally Posted By second2noneBrah⏩
The semi driver is not a suspect, under arrest, and there is no warrent. Check out the 4th amendment if you need further clarificationIve read stories that say different things regardless the first half of my post is true and doesn't change the fact she was obstructing an investigation
Drawing blood on an unconscious person isnt illegal. The results to ve admissible in court would require a warrant from a judge. If the semi driver did nothing wrong the results wouldn't ve subpoenad and they wouldn't matter
Drawing blood on an unconscious person isnt illegal. The results to ve admissible in court would require a warrant from a judge. If the semi driver did nothing wrong the results wouldn't ve subpoenad and they wouldn't matter
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09-01-2017, 10:53 PM
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09-01-2017, 10:57 PM
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Originally Posted By SippyCups⏩
By having a CDL you signed for consent. So yes you gave written consentThe Supreme Court has held that police have to apply for a warrant to draw an unconscious person's blood. It's the intrusive nature of the draw itself that requires a warrant. Don't confuse this with situations where blood is drawn out of medical necessity by public or private hospitals.
No Utah CDL statute purportedly implying consent supersedes the constitution. The officers in this case violated clearly established law exposing them to individual liability if the nurse wants to sue.
No Utah CDL statute purportedly implying consent supersedes the constitution. The officers in this case violated clearly established law exposing them to individual liability if the nurse wants to sue.
Originally Posted By bballaman369⏩
Lol see aboveThe semi driver is not a suspect, under arrest, and there is no warrent. Check out the 4th amendment if you need further clarification
09-01-2017, 10:58 PM
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Originally Posted By second2noneBrah⏩
Dude just leave this thread. On top of spreading misinformation, it is evident that you have a sub 80 IQ. Its not even worth debating with you b/c it is clear that logical and rational thinking is not something you are capable of.Ive read stories that say different things regardless the first half of my post is true and doesn't change the fact she was obstructing an investigation
Drawing blood on an unconscious person isnt illegal. The results to ve admissible in court would require a warrant from a judge. If the semi driver did nothing wrong the results wouldn't ve subpoenad and they wouldn't matter
Drawing blood on an unconscious person isnt illegal. The results to ve admissible in court would require a warrant from a judge. If the semi driver did nothing wrong the results wouldn't ve subpoenad and they wouldn't matter
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09-01-2017, 11:01 PM
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Originally Posted By AlbinoScience⏩
Except i have experience in this very situation. So just because your feels don't line up with the law maybe u should call your congressmanDude just leave this thread. On top of spreading misinformation, it is evident that you have a sub 80 IQ. Its not even worth debating with you b/c it is clear that logical and rational thinking is not something you are capable of.
09-01-2017, 11:02 PM
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#66
That's not fourth amendment consent. 4th am consent has to be clear and unequivocal, specifically authorizing the search to be performed.
But even accepting your premise, the officers violated clearly established law by detaining a private citizen for refusing to get involved.
These clowns are poorly trained bud. Just accept it
But even accepting your premise, the officers violated clearly established law by detaining a private citizen for refusing to get involved.
These clowns are poorly trained bud. Just accept it
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09-01-2017, 11:05 PM
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lel that cop dun goofed. rule #1, do not fk with nurses. they have a union so strong its the equivalent of a 8 pl8 deadlift. PR campaign gainz on point
09-01-2017, 11:06 PM
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#68
Originally Posted By second2noneBrah⏩
What's your experience? You sound like a moron so I hope you're not law enforcement. If you are, you should seek appropriate legal training from your department before you get suedExcept i have experience in this very situation. So just because your feels don't line up with the law maybe u should call your congressman
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09-01-2017, 11:07 PM
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#69
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Originally Posted By JyzzMagnet⏩
not big enough to handle h4te crewlel that cop dun goofed. rule #1, do not fk with nurses. they have a union so strong its the equivalent of a 8 pl8 deadlift. PR campaign gainz on point
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09-01-2017, 11:12 PM
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Originally Posted By SippyCups⏩
That's not fourth amendment consent. 4th am consent has to be clear and unequivocal, specifically authorizing the search to be performed.
But even accepting your premise, the officers violated clearly established law by detaining a private citizen for refusing to get involved.
These clowns are poorly trained bud. Just accept it
But even accepting your premise, the officers violated clearly established law by detaining a private citizen for refusing to get involved.
These clowns are poorly trained bud. Just accept it
Originally Posted By SippyCups⏩
Lol you sound like you were in one of Barack Hussein Obamas constitutional law classWhat's your experience? You sound like a moron so I hope you're not law enforcement. If you are, you should seek appropriate legal training from your department before you get sued
09-01-2017, 11:19 PM
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The cop has been put on administrative leave. I guess he has a second job but it's an EMT and after his comments he probably will lose that one too.
We all can screw up at work, but this guy went full retard. There is a right way, and a wrong way to handle things. As a LEO, he was trained and knew how to handle a situation, and just completely went on and beyond the call of being an a-hole.
We all can screw up at work, but this guy went full retard. There is a right way, and a wrong way to handle things. As a LEO, he was trained and knew how to handle a situation, and just completely went on and beyond the call of being an a-hole.
09-01-2017, 11:21 PM
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Originally Posted By SippyCups⏩
Fairly certain CDL drivers sign a consent to have blood/urine taken at any time or lose their CDL. So how is his voluntary signing when he gets his CDL a 4th amendment violation?That's not fourth amendment consent. 4th am consent has to be clear and unequivocal, specifically authorizing the search to be performed.
But even accepting your premise, the officers violated clearly established law by detaining a private citizen for refusing to get involved.
These clowns are poorly trained bud. Just accept it
But even accepting your premise, the officers violated clearly established law by detaining a private citizen for refusing to get involved.
These clowns are poorly trained bud. Just accept it
09-01-2017, 11:29 PM
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#73
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"b-b-but not all cops!!"
09-01-2017, 11:30 PM
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Originally Posted By JyzzMagnet⏩
Lol dont let muslims do anything."b-b-but not all cops!!"
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09-01-2017, 11:48 PM
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Originally Posted By dhawkeye1980⏩
Thats a civil thing tho. If a dudes sleeping he cant say yes or no.Fairly certain CDL drivers sign a consent to have blood/urine taken at any time or lose their CDL. So how is his voluntary signing when he gets his CDL a 4th amendment violation?
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09-01-2017, 11:54 PM
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Originally Posted By BrahPlease⏩
He doesnt have to say yes or no, his consentual signature in order to receive his CDL is all the law requiresThats a civil thing tho. If a dudes sleeping he cant say yes or no.
Same with railroad conductors, pilots, air traffic controllers etc.
09-02-2017, 12:01 AM
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Originally Posted By SippyCups⏩
an unconscious person can't consent. Also can't be read their Miranda rights. The hospital can test everything they in order to provide care. The patient is protected by hipaa laws. Officer must obtain warrantThe Supreme Court has held that police have to apply for a warrant to draw an unconscious person's blood. It's the intrusive nature of the draw itself that requires a warrant. Don't confuse this with situations where blood is drawn out of medical necessity by public or private hospitals.
No Utah CDL statute purportedly implying consent supersedes the constitution. The officers in this case violated clearly established law exposing them to individual liability if the nurse wants to sue.
No Utah CDL statute purportedly implying consent supersedes the constitution. The officers in this case violated clearly established law exposing them to individual liability if the nurse wants to sue.
09-02-2017, 12:06 AM
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#78
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Originally Posted By ivanporkinurwif⏩
If the CDL states they will submit to testing then their consent is already givenan unconscious person can't consent. Also can't be read their Miranda rights. The hospital can test everything they in order to provide care. The patient is protected by hipaa laws. Officer must obtain warrant
09-02-2017, 12:31 AM
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Originally Posted By dhawkeye1980⏩
You dont understand. Implied consent means if you say no, you agree to get license pulled. He is asleep and cant say yes or no.If the CDL states they will submit to testing then their consent is already given
It doesnt mean you auto get medical procedures done.
In that case if they need blood they need to go thru the right channels and get a warrent. Otherwise the case is ruined if they illegally do it
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09-02-2017, 12:37 AM
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Originally Posted By BrahPlease⏩
What case? The guy isnt a suspect, but in an accident involving a CDL im pretty sure its mandated they get tested, just like a pilot, railroad conductor etc. It may have changed but im fairly certain its required.You dont understand. Implied consent means if you say no, you agree to get license pulled. He is asleep and cant say yes or no.
It doesnt mean you auto get medical procedures done.
In that case if they need blood they need to go thru the right channels and get a warrent. Otherwise the case is ruined if they illegally do it
It doesnt mean you auto get medical procedures done.
In that case if they need blood they need to go thru the right channels and get a warrent. Otherwise the case is ruined if they illegally do it
Again I am not certain but that could very well be the case.
09-02-2017, 12:51 AM
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Originally Posted By dhawkeye1980⏩
Drivers have rights. especially if they arent suspected of driving impaired and no reasonable suspicion.What case? The guy isnt a suspect, but in an accident involving a CDL im pretty sure its mandated they get tested, just like a pilot, railroad conductor etc. It may have changed but im fairly certain its required.
Again I am not certain but that could very well be the case.
Again I am not certain but that could very well be the case.
Im not a expert tho lol
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09-02-2017, 12:53 AM
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Originally Posted By BrahPlease⏩
CDL drivers give up certain rights and hve more restrictions on them. They do it voluntarily and sign a legal document stating suchDrivers have rights. especially if they arent suspected of driving impaired and no reasonable suspicion.
09-02-2017, 12:56 AM
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Originally Posted By dhawkeye1980⏩
Yeah i know. And its very valid because dealing with heavy loads and air brakes can be super deadly if you are impaired. and it needs to be tighter than regular drivers.CDL drivers give up certain rights and hve more restrictions on them. They do it voluntarily and sign a legal document stating such
But cases like these need good lawyers and chit to know what to do. Street cops shouldnt the the ones in charge of chit like that lol.
Personally i think a victim of a crash should be immune tho.
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09-02-2017, 12:59 AM
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Originally Posted By BrahPlease⏩
Smh, thats not your decision bubba. Theres a law, cops enforce laws, hence cops are the ones that do it.Yeah i know. And its very valid because dealing with heavy loads and air brakes can be super deadly if you are impaired. and it needs to be tighter than regular drivers.
But cases like these need good lawyers and chit to know what to do. Street cops shouldnt the the ones in charge of chit like that lol.
But cases like these need good lawyers and chit to know what to do. Street cops shouldnt the the ones in charge of chit like that lol.
09-02-2017, 01:02 AM
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Originally Posted By dhawkeye1980⏩
Im talking a complex case like this one. Obviously chit got out of hand when nurses are getting arrested and supervisors are saying no. Street cops should step away and let a inspector or cop/state cop that specializes in commercial accidents take over.Smh, thats not your decision bubba. Theres a law, cops enforce laws, hence cops are the ones that do it.
Idk if you know how complex srs auto accident scenes are. When people get hit they send accident forensic teams and chitloads of detectives.
1 street cop shouldnt be calling shots on blood/cdl chit
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09-02-2017, 01:04 AM
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Originally Posted By BrahPlease⏩
And those accident investigation teams (fyi not all depts have them, some have to wait for county) take several hours to get to the scene. So how good is a blood draw take 6 to 10 hours later? Not very good there champIm talking a complex case like this one. Obviously chit got out of hand when nurses are getting arrested and supervisors are saying no. Street cops should step away and let a inspector or cop/state cop that specializes in commercial accidents take over.
Idk if you know how complex auto accident scenes are. When people get hit they send accident forensic teams and chitloads of detectives.
1 street cop shouldnt be calling shots on blood/cdl chit
Idk if you know how complex auto accident scenes are. When people get hit they send accident forensic teams and chitloads of detectives.
1 street cop shouldnt be calling shots on blood/cdl chit
Fact is you dont like cops and you take every opportunity to say all cops are dumb jocks who were bullies in HS and the only job they could get was to be a cop. You literally think you are smarter than the entire justice system but guess what, you are not.
09-02-2017, 01:08 AM
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Originally Posted By dhawkeye1980⏩
Yeah. I understand that. Then you get a warrent and secure the case. Not let chit get out of hand and start arresting the hospital staff. If you cant get a warrent, get a supervisor down their and let him ruin his own career by arresting people if he demands so.And those accident investigation teams (fyi not all depts have them, some have to wait for county) take several hours to get to the scene. So how good is a blood draw take 6 to 10 hours later? Not very good there champ
Also pretty sure its been botched so badly the case is prolly ruined no matter what. So its a total failure lol.
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09-02-2017, 01:12 AM
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Originally Posted By BrahPlease⏩
You really dont understand how this works do you?Yeah. I understand that. Then you get a warrent and secure the case. Not let chit get out of hand and start arresting the hospital staff. If you cant get a warrent, get a supervisor down their and let him ruin his own career by arresting people if he demands so.
Also pretty sure its been botched so badly the case is prolly ruined no matter what. So its a total failure lol.
Also pretty sure its been botched so badly the case is prolly ruined no matter what. So its a total failure lol.
09-02-2017, 01:16 AM
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lmao this truck driver is an innocent bystander whose now in a coma and the police have the nerve to drug test him?
also if hes required for a drug test its a civil matter. the police have no say nor have power in their statues.
fukin disgusting pigs
also if hes required for a drug test its a civil matter. the police have no say nor have power in their statues.
fukin disgusting pigs
09-02-2017, 01:16 AM
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Originally Posted By dhawkeye1980⏩
Oh well. I try to be logical and reasonable and a lot of legal scholars would agree. Let me ask you about the other topic on the misc about the "off duty cop" who pulled gun on dude in fast food store cuz he had a hood/glasses on and was acting weird even tho turns out he just wanted to order food?You really dont understand how this works do you?
I thought it was reasonable, especially if it was in brazil like some said. What did you think?
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