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ยป Nurse arrested after refusing to give cop blood sample
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post 1518187791 09-02-2017, 01:19 AM
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Originally Posted By BrahPlease
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?
If i was in brazil id have a gun in my hand 24/7.

Can you quote the legal scholars that agree with you?
post 1518188001 09-02-2017, 01:21 AM
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Originally Posted By dhawkeye1980
If i was in brazil id have a gun in my hand 24/7.

Can you quote the legal scholars that agree with you?
Bruh... All im sayin is the case sounds fuacked up. Lmao

And i hope the nurse gets a award for being dedicated to her job
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post 1518188031 09-02-2017, 01:22 AM
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Originally Posted By superamped
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
How does blood being drawn as part of a criminal investigation suddenly become civil?
post 1518188081 09-02-2017, 01:23 AM
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Originally Posted By BrahPlease
Bruh... All im sayin is the case sounds fuacked up. Lmao

And i hope the nurse gets a award for being dedicated to her job
You specifically said legal experts agree with you, so what case law are you quoting?
post 1518188091 09-02-2017, 01:23 AM
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post 1518188121 09-02-2017, 01:23 AM
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Originally Posted By dhawkeye1980
How does blood being drawn as part of a criminal investigation suddenly become civil?
Maybe hes sayin those papers where civil papers you sign when you get cdl. So maybe to get blood in this case they need probable cause/warrent?

Like i said im not a expert on chit like that tho, are you?
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post 1518188231 09-02-2017, 01:27 AM
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Originally Posted By dhawkeye1980
How does blood being drawn as part of a criminal investigation suddenly become civil?
post 1518188251 09-02-2017, 01:27 AM
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Originally Posted By dhawkeye1980
You specifically said legal experts agree with you, so what case law are you quoting?
Bro the legal field is so big you can find anyone to agree to anything.

All im sayin is the case seems fuacked up. Lots of people would think that. Prolly 50/50
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post 1518188311 09-02-2017, 01:29 AM
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Originally Posted By BrahPlease
Maybe hes sayin those papers where civil papers you sign when you get cdl. So maybe to get blood in this case they need probable cause/warrent?

Like i said im not a expert on chit like that tho, are you?
No the papers they sign are specifically for an incident like this. You cant get his consent because he is unconcious but you need the sample as it pertains to your investigation. Now if this truck driver was suspected of being under the influence and just killed an entire family would the nurse have refused? Probably not and no one would even be complaining.
post 1518188351 09-02-2017, 01:30 AM
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Originally Posted By BrahPlease
Bro the legal field is so big you can find anyone to agree to anything.

All im sayin is the case seems fuacked up. Lots of people would think that. Prolly 50/50
are you saying this case where a nurse is arrested for properly following the law?
post 1518188361 09-02-2017, 01:31 AM
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Originally Posted By BrahPlease
Bro the legal field is so big you can find anyone to agree to anything.

All im sayin is the case seems fuacked up. Lots of people would think that. Prolly 50/50
Its fukked up because A) its not the nurses job to refuse a cop, its up to the courts to decide if the blood was legally obtained or not, cops and FD fall under HIPPA, we all have the training because we have to testify in court on medical chit sometimes.
B) cop should have never arrested her especially not like that

As is often the case the stupidity was on both sides
post 1518188421 09-02-2017, 01:33 AM
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Originally Posted By superamped
are you saying this case where a nurse is arrested for properly following the law?
Its not her job to determine the legality of the blood draw, its the courts
post 1518188491 09-02-2017, 01:34 AM
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Originally Posted By dhawkeye1980
No the papers they sign are specifically for an incident like this. You cant get his consent because he is unconcious but you need the sample as it pertains to your investigation. Now if this truck driver was suspected of being under the influence and just killed an entire family would the nurse have refused? Probably not and no one would even be complaining.
Thats the thing tho, how does it pertain? Thats the gray area that can mess cases up. Gray areas can end up with botched cases if peoples egos get bruised and the wrong people get arrested. Then its totally screwed.

Idk tho bro, i never became a lawyer. Let the lawyers and high up people handle it.
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post 1518188541 09-02-2017, 01:35 AM
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Originally Posted By dhawkeye1980
Its not her job to determine the legality of the blood draw, its the courts
But their was no court or warrent i thought?just some cop saying take blood?

Edit: i get what ur saying but still, she shouldnt of been arrested for not doing it. You gotta keep chit civil and never fuack with a hospital staff. In that case tell your superviser to move it up the chain of command and remove yourself, not arrest ppl
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post 1518188551 09-02-2017, 01:35 AM
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Originally Posted By dhawkeye1980
Its not her job to determine the legality of the blood draw, its the courts
no since were on the topic of blurring the case, she could lose her job and be liable for drawing the patients blood.
post 1518188581 09-02-2017, 01:36 AM
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Originally Posted By BrahPlease
Thats the thing tho, how does it pertain? Thats the gray area that can mess cases up. Gray areas can end up with botched cases if peoples egos get bruised and the wrong people get arrested. Then its totally screwed.

Idk tho bro, i never became a lawyer. Let the lawyers and high up people handle it.
Exactly let the courts decide it, not some nurse with zero legal experience
post 1518188591 09-02-2017, 01:36 AM
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Originally Posted By superamped
no since were on the topic of blurring the case, she could lose her job and be liable for drawing the patients blood.
How so?
post 1518188651 09-02-2017, 01:37 AM
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Originally Posted By dhawkeye1980
How so?
cuz the patient was unconscious and the police did not have a warrant
post 1518188761 09-02-2017, 01:39 AM
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Originally Posted By superamped
cuz the patient was unconscious and the police did not have a warrant
Already established why it would be a legal blood draw chief try to keep up
post 1518188831 09-02-2017, 01:40 AM
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Originally Posted By dhawkeye1980
Already established why it would be a legal blood draw chief try to keep up
no its not. ur wrong. a blood/urine test for a job is a civil matter.
post 1518188871 09-02-2017, 01:40 AM
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Originally Posted By dhawkeye1980
Already established why it would be a legal blood draw chief try to keep up
Bro you srs gotta agree you dont know 150% whats up with the case and specifics so dont even bother arguing for anything. Like i said, chit seems fuacked up and the nurse shouldnt of been arrested. But dont act like you got all the technicalities down lol

Im done with this topic
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post 1518189111 09-02-2017, 01:46 AM
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Originally Posted By superamped
no its not. ur wrong. a blood/urine test for a job is a civil matter.
Good luck with that. Supreme court has ruled in an exigent circumstance i.e. a vehicular homicide, officers do not need to obtain a warrant.

I also was not talking about a drug test for a job, when someone gets a commercial drivers license they sign over their consent to be drug tested by police when requested. This is a criminal investigation and officers are well within their right to force a blood test
post 1518189181 09-02-2017, 01:47 AM
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Originally Posted By BrahPlease
Bro you srs gotta agree you dont know 150% whats up with the case and specifics so dont even bother arguing for anything. Like i said, chit seems fuacked up and the nurse shouldnt of been arrested. But dont act like you got all the technicalities down lol

Im done with this topic
Lmfao you said legal experts agree with you then backtracked like a pussy when called out on it now you twist it that i dont know what im talking about?

Okie dokie
post 1518189271 09-02-2017, 01:48 AM
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Originally Posted By dhawkeye1980
Good luck with that. Supreme court has ruled in an exigent circumstance i.e. a vehicular homicide, officers do not need to obtain a warrant.

I also was not talking about a drug test for a job, when someone gets a commercial drivers license they sign over their consent to be drug tested by police when requested. This is a criminal investigation and officers are well within their right to force a blood test
the truck driver is not a suspect.
post 1518189341 09-02-2017, 01:49 AM
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Originally Posted By dhawkeye1980
Its fukked up because A) its not the nurses job to refuse a cop,its up to the courts to decide if the blood was legally obtained or not, cops and FD fall under HIPPA, we all have the training because we have to testify in court on medical chit sometimes.
B) cop should have never arrested her especially not like that

As is often the case the stupidity was on both sides
are you fuking brain dead? it absolutely is her job. A dipsh!t cop has no authority to boss a nurse around. he cant just demand her service. she can also be incriminated for illegally drawing blood you stupid fuk. She is bound by protocol and hippa, not some high school drop out.

anyone is allowed to refuse some dumb ass cop that doesn't respect the fuken law. good try princess.
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post 1518189471 09-02-2017, 01:51 AM
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Originally Posted By superamped
the truck driver is not a suspect.
As i said it doesnt matter, in a homicide/critical accident they get tested, just like pilots, railroad conductors etc
post 1518189521 09-02-2017, 01:52 AM
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Originally Posted By drFEEL
are you fuking brain dead? it absolutely is her job. A dipsh!t cop has no authority to boss a nurse around. he cant just demand her service. she can also be incriminated for illegally drawing blood you stupid fuk. She is bound by protocol and hippa, not some high school drop out.

anyone is allowed to refuse some dumb ass cop that doesn't respect the fuken law. good try princess.
Can you show me the statute in any legal book or case law giving her the right to refuse a lawful order?
post 1518189651 09-02-2017, 01:55 AM
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Originally Posted By dhawkeye1980
Can you show me the statute in any legal book or case law giving her the right to refuse a lawful order?
can you show me the lawful order you clown? the protocol was read in the video. she is bound by protocol. If i as a medical practitioner was demanded by a police officer to hand over medical documents I would tell the cop to eat a dick because I am bound by protocol not to release to anyone other than who they are determined to go to. because I could get in trouble I wouldnt give them up. same with the nurse. she can get in trouble.

how hard is this for you?
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post 1518189801 09-02-2017, 01:58 AM
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Originally Posted By dhawkeye1980
As i said it doesnt matter, in a homicide/critical accident they get tested, just like pilots, railroad conductors etc
ur missing the point that the truck driver was hit by someone else. there should be no argument of criminal negligence on his part.
post 1518190071 09-02-2017, 02:04 AM
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Originally Posted By drFEEL
can you show me the lawful order you clown? the protocol was read in the video. she is bound by protocol. If i as a medical practitioner was demanded by a police officer to hand over medical documents I would tell the cop to eat a dick because I am bound by protocol not to release to anyone other than who they are determined to go to. because I could get in trouble I wouldnt give them up. same with the nurse. she can get in trouble.

how hard is this for you?
Federal law for commercial drivers involved in an accident are to be drug tested within 8 hours regardless of who is at fault. Hospital policy does not supercede federal law
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