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Forum » Nurse arrested after refusing to give cop blood sample
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Thread: Nurse arrested after refusing to give cop blood sample

post 1518196651 09-02-2017, 05:43 AM
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Originally Posted By dhawkeye1980⏩
What part of if there is an accident involving a CDL regardless of fault they by lae have to get drug tested is hard for you to understand? They agree to this when they get their CDL. My god mn it cant be that hard to understand can it? He has a cdl, he was involved in an accident, he gets drug tested.

End of story
Exactly, the video looked bad i agree but potatoes gonna potato in this thread. The nurse wasn't protecting anyones privacy and she resisted arrest
Originally Posted By drFEEL⏩
ya tested by the cop out back by the trashcans right? lol. it says in the link, "Test Must Be Performed by Employer".

dumb ass

strong .com link though grandpa

come on, you really think a hospital would draft a protocol that goes against federal law? are you dumb or stupid?
Depending on the size of the department either the police will have a crew that draws blood or fire rescue will. Yes its been drawn out back by trash cans
post 1518196811 09-02-2017, 05:51 AM
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Much props to the nurse for handling the situation in the end with grace. True Olympic style athlete, if you didn't notice the end of the article...
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post 1518196911 09-02-2017, 05:56 AM
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Originally Posted By y0lked⏩
Just another example of cops abusing power. Seriously this chit is getting out of hand. Its hard to come to the defense of law enforcement when we are constantly shown examples of officers with their own agenda. Its sad but a few bad apples really spoils the group.
99.9% of cops are fine. All we ever hear about is the goofs. Could never do that job as I would be the .1% and do something stupid
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post 1518196981 09-02-2017, 05:58 AM
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lol typical frustrated old fat alcoholic cop with nothing going on in his life taking it out on women
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post 1518197011 09-02-2017, 06:00 AM
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Glorified tax collectors for the most part. Some cops are hard working people though.
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post 1518197941 09-02-2017, 06:35 AM
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Originally Posted By Jasonw1178⏩
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.
Wait.. cops work more than 1 job in the states? Loool wtf
post 1518198151 09-02-2017, 06:39 AM
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^They can. A good portion do private security for companies/hospitals but you can easily branch out to other stuff.

I don't feel sorry for her. In fact I am glad this happened to her.

Depending on what lawyer she hires to handle this situation she's going to get a lot of $.
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post 1518198181 09-02-2017, 06:39 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.
Dude you're arguing about something you admit you don't even know for sure about haha.
This has been condemned by virtually every LEO, lawyer etc.

Shut the fccukkk up idiot
post 1518198531 09-02-2017, 06:48 AM
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Originally Posted By dhawkeye1980⏩
Its not her job to determine the legality of the blood draw, its the courts
You are insanely thick..
She was being asked to do something that was determined to be illegal.

We can see you would doanythinga police officer asked you to. But that's not how first world countries operate
post 1518199661 09-02-2017, 07:23 AM
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Originally Posted By ecs33⏩
Cop should lose his job..but will probably be suspended for a week with pay. Just lol
It looks like he was removed from the blood drawing program and that "Payne was trying to take the blood to clear him of any wrongdoing in the wreck".
Payne has been suspended from drawing blood but remains on duty as a detective in the investigations unit. He is among a group of officers who are certified phlebotomists, called upon regularly when a blood sample is required for a police investigation.

http://time.com/4924750/utah-nurse-a...-draw-patient/
post 1518201091 09-02-2017, 07:54 AM
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Originally Posted By je61⏩
You are insanely thick..
She was being asked to do something that was determined to be illegal.

We can see you would doanythinga police officer asked you to. But that's not how first world countries operate
Except by having a CDL license you automatically consent to a blood test after an accident your fault or not. You can thank Obama for signing that into law
post 1518203341 09-02-2017, 08:33 AM
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I think the biggest issue here was none of the laws about the driver having a CDL and the laws stating they need a blood draw were ever said. If this was a regular person in an accident, not under arrest, no warrent ect the nurse 100% did what she was supposed to do. That is the situation she thought she was in so she advocated for the paitent. The nurse used the information she had to make the right call.

It's not her fault the police didn't explain the legality behind it when she was trying to epxplain it on her end.
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post 1518203861 09-02-2017, 08:43 AM
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Originally Posted By PisseninMisc⏩
The point is it should not have gotten to the point of the court having to decide.

I gotto go to sleep but word of advice: do a little self-reflection and recognize your bias that is evident in this thread. You'll be a better man for it, not a lesser one. Not trying to be a dik, I try my best to do this myself. We all have biases, and the person who stands to benefit the most from recognizing the bias is oneself.
Im not the biased one bro, im pointing out the law, its not a nurses job to question an officers orders the courts will determine if he was in the right or not, hospital policy does not supercede the law. Stupidity on both sides as i said from the beginning. Calling out both sides is the last thing a biased person would do mate
post 1518203971 09-02-2017, 08:46 AM
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Originally Posted By drFEEL⏩
ya lets just forget that the nurse is bound by protocol.

seems reasonable.

he isnt even a suspect but you are treating it as if the officer was full in the right to treat him as such. the officer wasnt which means none of these special circumstances mean a damn thing.
As stated the law was changed in 2016 here how do you know the procedures had been updated?
post 1518204091 09-02-2017, 08:48 AM
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Originally Posted By dhawkeye1980⏩
Im not the biased one bro, im pointing out the law, its not a nurses job to question an officers orders the courts will determine if he was in the right or not, hospital policy does not supercede the law. Stupidity on both sides as i said from the beginning. Calling out both sides is the last thing a biased person would do mate
It is the nurses job to question the officers orders if it will put her job on the line.

The nurse was just trying to get all the facts. If the nurse did allow the cop to take the blood and it was determined unlawful the paitent could sue the nurse and she would more than likely lose her ability to practice nursing for the rest of her life.

It was a very odd situation to be put it.

Also, I read in one article that the hosptial already had the blood/tests done that the officers needed. Not sure how something like that got overlooked. Maybe the cops needed their own sample?

There are still a lot of unknowns with this.
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post 1518204541 09-02-2017, 08:56 AM
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post 1518204601 09-02-2017, 08:57 AM
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Hawkeye is right. As a CDL holder or even if you're fresh out of school and are seeking endorsement, you're subject to drug and alcohol testing at any time, with or without reason. Obama actually signed a bill that relates to this, but at the same time, I noticed that this kind of stuff has been tried in the courts before, but I never really cared to dig deeper for the ruling. I'd like to think that the court would rule in favor of the victim-driver, but who knows. Driving may be a privilege, but that doesn't mean an automatic surrender of your bodily rights, especially when unconscious.
post 1518204751 09-02-2017, 08:59 AM
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Originally Posted By GravityLee⏩
Surprised no one is stating the obvious. Cop chase / perps decision to evade arrest caused the accident. Cops trying to find drugs in victims system to help deflect lawsuit. Given the scenario maybe even contaminate the blood w some.
ill state the obvious. You didn't read the article at all. The guy that was fleeing from the cops died. its the victim that the guy fleeing hit that was in the coma and the cop wanted to take blood from.
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post 1518204921 09-02-2017, 09:01 AM
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Originally Posted By bballaman369⏩
I think the biggest issue here was none of the laws about the driver having a CDL and the laws stating they need a blood draw were ever said. If this was a regular person in an accident, not under arrest, no warrent ect the nurse 100% did what she was supposed to do. That is the situation she thought she was in so she advocated for the paitent. The nurse used the information she had to make the right call.

It's not her fault the police didn't explain the legality behind it when she was trying to epxplain it on her end.
This. She was just trying to do her job. Her supervisor even told her not to do it. So she was suppose to go against her boss and risk losing her license for a cop that didnt even read her the policy and became violently impatient?


"The detective left Wubbels in a hot police car for 20 minutes before realizing that blood had already been drawn as part of treatment, said her lawyer, Karra Porter."

http://www.foxnews.com/us/2017/09/02...s-patient.html
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post 1518204931 09-02-2017, 09:01 AM
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Lmao at the arm chair lawyers ITT

Read Birchfield v. North Dakota (Google it) and get back to me.
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post 1518205261 09-02-2017, 09:06 AM
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Originally Posted By SippyCups⏩
Lmao at the arm chair lawyers ITT

Read Birchfield v. North Dakota (Google it) and get back to me.
The case still upheld exigent circumstances to warrantless blood draws.
post 1518205611 09-02-2017, 09:12 AM
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Originally Posted By dhawkeye1980⏩
The case still upheld exigent circumstances to warrantless blood draws.
Nice try, you couldn't have read it that fast. Check out the part where it says that when the patient/accused is unconscious, the police can apply for a warrant.
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post 1518205701 09-02-2017, 09:13 AM
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Originally Posted By dhawkeye1980⏩
The case still upheld exigent circumstances to warrantless blood draws.
Do you know what exigent circumstances means?
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post 1518205781 09-02-2017, 09:14 AM
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Also if the nurse drew my client's blood under these circumstances, I'd sue the hospital for violating his constitutional rights under color of state law.
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post 1518206331 09-02-2017, 09:22 AM
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Originally Posted By tetraktys13⏩
^They can. A good portion do private security for companies/hospitals but you can easily branch out to other stuff.

I don't feel sorry for her. In fact I am glad this happened to her.

Depending on what lawyer she hires to handle this situation she's going to get a lot of $.
right there. she's smiling really.
post 1518207061 09-02-2017, 09:33 AM
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As a RN I would have done the exact same thing as her. And if that happened to me, I'd do what the Doctor did on the airplane. Make sure my nose is nice and bloody, act lifeless, profit millions and still have my job, probably get a raise from my job for following protocols at all cost for the patient and for the Hospital.
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post 1518209261 09-02-2017, 10:09 AM
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Originally Posted By dhawkeye1980⏩
Its fukked up becauseA) 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
Lol. Seriously?

So a nurse should not refuse a cop
I will agree a nurse should not refuse a lawful order
Isn't it possible that the cop was giving her an unlawful order? Can she be compelled to break the law? Police don't get carte blanche in the hospital, and there are protocols that are followed every day.


All that aside, 98% of cops are fine people. The 2% ruin it for everyone. This guy is a 100% fcking potato. Every hospital worth their salt in the USA has trauma protocols that involve urinalysis and full panel of blood draws forany motor vehicle accident. Literally all he has to do is get a warrant and ask for the results. Instead of going and arresting her, possibly ruining his career, and giving cops a bad rep once again..
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post 1518210841 09-02-2017, 10:39 AM
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Originally Posted By second2noneBrah⏩
Except by having a CDL license you automatically consent to a blood test after an accident your fault or not. You can thank Obama for signing that into law
So then why is practically every cop and lawyer saying this was illegal. You sound like an idiot
post 1518211151 09-02-2017, 10:43 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 us the law that apparently only you and your braindead buddy can seem to properly decipher
Originally Posted By dhawkeye1980⏩
Exigent circumstances are allowed for force blood draws. Whether the officer could articulate his exigent circumstances are again, up to the court, not a nurse
How intelligent do you think the word "exigent" sounds. God it's been nice seeing you get throttled.

Do you know what cognitive dissonance is? Just because you have an extreme sexual desire for cops, they can still be bad guys.
post 1518212571 09-02-2017, 11:04 AM
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people saying "that cop should be fired" WTF?

The cop was ORDERED to make the arrest.. Then a superior stops by during the arrest and bashes her, then bashes THE HOSPITAL "you guys have a long histrory of doing this," and tells her how wrong she was for not complying, THOSE GUYS SHOULD BE FIRED, not the cop obeying orders.

Fire the Lt. and anyone else who gave that dumb ass order, not the cop taking the heat for it

It's systemic from the top down, lets start up there, not some guy obeying orders. If cops boss says to arrest somebody, and he does it, not his fking fault.

my 2cents
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