Nurse arrested for doing her job.

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Originally Posted By: CharlieBauer
Originally Posted By: PandaBear
Did he even went to academy for any sort of training?


Police are definitely under trained but there are too many whose character should disqualify them from the job to begin with.

They should undergo psychological testing before training. The job is too important to allow just anybody in. As well as weeding out the ones who are not mentally stable and mature enough for the job, they can prevent the ones who take the job for power, ego and self enrichment instead of serving the community.


If you have a high school education and can pass a basic physical fitness test, you can be a police officer for most agencies.
 
Originally Posted By: AVB
Originally Posted By: mk378
What was she charged with? Contempt of cop? Refusing to follow an unlawful order?

That is what I am wondering, you can't force someone to perform a procedure. The best you could do is try to get them fired.

The cop was the one trained and generally authorized to perform the blood draw. It wouldn't surprise me if he had his own equipment. He wouldn't have needed to involve anyone else - provided he had legal authority to do so. Right now it's extremely questionable that he did and it's not even his agency's case.

I was thinking interference with a peace officer, but the situation doesn't sound like he's arresting or detaining anyone.

Quote:
https://le.utah.gov/xcode/Title76/Chapter8/76-8-S305.html

76-8-305. Interference with peace officer.
(1) A person is guilty of a class B misdemeanor if the person knows, or by the exercise of reasonable care should have known, that a peace officer is seeking to effect a lawful arrest or detention of that person or another person and interferes with the arrest or detention by:
(a) use of force or any weapon;
(b) refusing to perform any act required by lawful order:
(i) necessary to effect the arrest or detention; and
(ii) made by a peace officer involved in the arrest or detention; or
(c) refusing to refrain from performing any act that would impede the arrest or detention.

I can't see this meeting any of the definitions for obstruction of justice.

https://le.utah.gov/xcode/Title76/Chapter8/76-8-S306.html

Or failure to aid a peace officer.

https://le.utah.gov/xcode/Title76/Chapter8/76-8-S307.html

All of these laws relate to interfering with an arrest/detention or harboring a criminal. As far as I can tell, even if he does have a court order and she stands by telling him he can't do that (which is all she's doing) there's nothing he can do to arrest her simply for [censored] him off. All he has is that he's helping with an investigation, and not even his own agency's.

He should find a good lawyer.
 
Originally Posted By: CharlieBauer
Police are definitely under trained but there are too many whose character should disqualify them from the job to begin with.

Painting with a very wide brush aren't we? I realize you hate cops. Seen this in previous posts.
 
Ok, I misunderstood. In that case it appears that he arrested her because he was upset with the person on the phone.
 
Originally Posted By: AVB
Ok, I misunderstood. In that case it appears that he arrested her because he was upset with the person on the phone.

He's not conducting an arrest or detention, so the usual stuff about interfering with a peace officer wouldn't apply. The law clearly isn't on his side. It's pretty telling when the Mayor and Police Chief basically say that it's unacceptable. And this was basically just a courtesy visit on behalf of a different investigating agency.
 
Yeah so in short there is no implied consent here. Which goes back to the strong idea that this National Moron of the year was acting WAY outside of legal constraints or the Constitution. End of story.

Y_p_w I am not trying to give you a hard time here. I appreciate your thoughts and input on all of this. You have added a lot of good insights about this and other situations.
 
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Originally Posted By: MolaKule
By the way, the Nurse was upholding a Supreme Court decision. In 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal and the Nurse was just following the law and hospital policy.


I was getting ready to say the same. In 2016, the supremes struck down state laws that indicated implied consent included blood tests.

This officer sets a bad example for others. He was woefully unaware of the law and used unwarranted force on the nurse when she was the one who knew and was operating within the law.

Why did the other officers not get this obviously unfit officer out of there.

They did NOTHING. I can't believe that NONE of them knew that what he was requesting was against the law and apparently, against the agreement made between law enforcement and the hospital.

The only ones who did not demonstrate knowledge of the law were the law enforcement personnel present.
 
Originally Posted By: javacontour
Originally Posted By: MolaKule
By the way, the Nurse was upholding a Supreme Court decision. In 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal and the Nurse was just following the law and hospital policy.


I was getting ready to say the same. In 2016, the supremes struck down state laws that indicated implied consent included blood tests.

This officer sets a bad example for others. He was woefully unaware of the law and used unwarranted force on the nurse when she was the one who knew and was operating within the law.

Why did the other officers not get this obviously unfit officer out of there.

They did NOTHING. I can't believe that NONE of them knew that what he was requesting was against the law and apparently, against the agreement made between law enforcement and the hospital.

The only ones who did not demonstrate knowledge of the law were the law enforcement personnel present.

I don't know how they necessarily think of each other. I realize that sometimes the local police think that university cops aren't as important. Weren't they telling him that he didn't have the authority? It could have gotten real interesting if they tried to intervene. Wasn't it two against two? As a hothead challenged by two armed cops from another agency, might he have drawn his weapon?
 
most cops are good, and believe in the community around them. most. This one has been obeyed for to long, and expected someone to jump as he commanded, and his authority was challenged. so being the BMOC, he had to strut his stuff. rightfully so, he should loose his job. as anyone breaks the law, there is far worse consequences than what was handed this cop.
The stress most LEO's are under is astounding. i'm glad people choose to be a LEO, it's a tough job, no dought, but break the law they are no aloud to do. and punished like any other person they should be.

and... how are they supposed to enforce the law when they are not lawyers?
 
Originally Posted By: gman2304
The lawyers will enter soon enough. Was this a rentacop?


He is (for the moment) an SLCPD Detective.

The State Attorney General is looking into the matter, and will possibly be filing charges against the Officers responsible.
 
Originally Posted By: gman2304
The lawyers will enter soon enough. Was this a rentacop?

Apparently a detective and 27 years experience. And he even had a part time job on top of that where he had to deal with this hospital. Not sure how long he's going to last after joking how he'd use that job to get even with the hospital.
 
Originally Posted By: gman2304
WOW...this can't just be ignored...or has it?


It will be whitewashed. I hope that nurse has the sense to skip town.

Too bad nobody gave that cop a hot shot.
 
Originally Posted By: Sayjac
There's a longer yt video where a police "supervisor" comes along after she's dragged out and tries to convince the nurse it was her fault, before being carted off.
whistle.gif
Imo, officer Payne needs to be suspended from duty pending a complete investigation of his actions. I would hope the hospital would back this nurse 100%.



Officer payne needs to be nailed to a cross and left until his bones fall apart.
 
Originally Posted By: gman2304
Originally Posted By: pandus13
bbhero,

if a police officer would do this in your hospital,

what would be the unofficial response/treatment of ANY police personnel from that police department after that?


I would hope that most people wouldn't think that all cops are like this rogue who arrested the nurse....oh wait..they do think that way...never mind.


There might be one or two who aren't...most are thugs and bullies, just like that one. Nobody in that ER should ever lift a finger to help a cop again...let them bleed to death.
 
Originally Posted By: mk378
Yes demonstrating that you know more about the law than a cop is at least as bad as running away from one, which the lady also tried. It just fires up their hormones.


She's lucky she didn't get raped and/or killed.
 
Originally Posted By: y_p_w
Originally Posted By: gman2304
What city did this happen in?

Salt Lake City at the University of Utah Hospital. The crash actually happened in Logan, Utah. Apparently this cop was asked to get a blood sample by Logan Police. Also on hand are University of Utah Police, who I heard had told him flat out that he needed a warrant to draw blood.


Too bad none of them had the stones to stop him...ideally, by drawing and cocking on him.
 
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