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ยป Nurse arrested after refusing to give cop blood sample
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post 1518181101 09-01-2017, 10:49 PM
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Originally Posted By second2noneBrah
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
The semi driver is not a suspect, under arrest, and there is no warrent. Check out the 4th amendment if you need further clarification
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post 1518181391 09-01-2017, 10:53 PM
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Originally Posted By Luc1fer
There are good cops and bad cops, just like there are good and bad people.

Why the fcuk do people feel the need to pick sides when it comes to "cops".
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post 1518181641 09-01-2017, 10:57 PM
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Originally Posted By SippyCups
The 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.
By having a CDL you signed for consent. So yes you gave written consent
Originally Posted By bballaman369
The semi driver is not a suspect, under arrest, and there is no warrent. Check out the 4th amendment if you need further clarification
Lol see above
post 1518181701 09-01-2017, 10:58 PM
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Originally Posted By second2noneBrah
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
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.
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post 1518181821 09-01-2017, 11:01 PM
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Originally Posted By AlbinoScience
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.
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 congressman
post 1518181881 09-01-2017, 11:02 PM
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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
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post 1518182061 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
post 1518182081 09-01-2017, 11:06 PM
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Originally Posted By second2noneBrah
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 congressman
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 sued
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post 1518182141 09-01-2017, 11:07 PM
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Originally Posted By JyzzMagnet
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
not big enough to handle h4te crew
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post 1518182331 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
Originally Posted By SippyCups
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 sued
Lol you sound like you were in one of Barack Hussein Obamas constitutional law class
post 1518182611 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.
post 1518182731 09-01-2017, 11:21 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
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?
post 1518183101 09-01-2017, 11:29 PM
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"b-b-but not all cops!!"
post 1518183211 09-01-2017, 11:30 PM
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Originally Posted By JyzzMagnet
"b-b-but not all cops!!"
Lol dont let muslims do anything.
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post 1518183991 09-01-2017, 11:48 PM
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Originally Posted By dhawkeye1980
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?
Thats a civil thing tho. If a dudes sleeping he cant say yes or no.
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post 1518184251 09-01-2017, 11:54 PM
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Originally Posted By BrahPlease
Thats a civil thing tho. If a dudes sleeping he cant say yes or no.
He doesnt have to say yes or no, his consentual signature in order to receive his CDL is all the law requires

Same with railroad conductors, pilots, air traffic controllers etc.
post 1518184501 09-02-2017, 12:01 AM
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Originally Posted By SippyCups
The 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.
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 warrant
post 1518184701 09-02-2017, 12:06 AM
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Originally Posted By ivanporkinurwif
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 warrant
If the CDL states they will submit to testing then their consent is already given
post 1518185911 09-02-2017, 12:31 AM
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Originally Posted By dhawkeye1980
If the CDL states they will submit to testing then their consent is already given
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
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post 1518186201 09-02-2017, 12:37 AM
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Originally Posted By BrahPlease
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
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.
post 1518186751 09-02-2017, 12:51 AM
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Originally Posted By dhawkeye1980
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.
Drivers have rights. especially if they arent suspected of driving impaired and no reasonable suspicion.

Im not a expert tho lol
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post 1518186861 09-02-2017, 12:53 AM
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Originally Posted By BrahPlease
Drivers have rights. especially if they arent suspected of driving impaired and no reasonable suspicion.
CDL drivers give up certain rights and hve more restrictions on them. They do it voluntarily and sign a legal document stating such
post 1518187001 09-02-2017, 12:56 AM
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Originally Posted By dhawkeye1980
CDL drivers give up certain rights and hve more restrictions on them. They do it voluntarily and sign a legal document stating such
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.

Personally i think a victim of a crash should be immune tho.
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post 1518187051 09-02-2017, 12:59 AM
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Originally Posted By BrahPlease
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.
Smh, thats not your decision bubba. Theres a law, cops enforce laws, hence cops are the ones that do it.
post 1518187191 09-02-2017, 01:02 AM
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Originally Posted By dhawkeye1980
Smh, thats not your decision bubba. Theres a law, cops enforce laws, hence cops are the ones that do it.
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.

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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post 1518187281 09-02-2017, 01:04 AM
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Originally Posted By BrahPlease
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.

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
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

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.
post 1518187431 09-02-2017, 01:08 AM
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Originally Posted By dhawkeye1980
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
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.
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post 1518187551 09-02-2017, 01:12 AM
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Originally Posted By BrahPlease
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.
You really dont understand how this works do you?
post 1518187681 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
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Originally Posted By dhawkeye1980
You really dont understand how this works do you?
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?

I thought it was reasonable, especially if it was in brazil like some said. What did you think?
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