• Utah Nurse Arrested for Refusing to Draw Blood Without Warrent
    141 replies, posted
[QUOTE=Smoovedawg1;52639839]Why do people say/do this? It was one person's actions. Suing a police department that is already underfunded is just dumb. It's not justice, It's entitlement and it hurts the community.[/QUOTE] because in the real world there is something called accountability. maybe if the PD got more than a slap on the wrist they would stop hiring dumbfucks you know what really hurts the community? police with anger management issues who make unlawful arrests and will only end up getting their position quietly shifted around once the media hype dies out
The sad part is that not a single one of the other cops in the hospital at the time even attempted to help reason with the Neanderthal officer
Honestly if you're a policeman and you attempt to force someone to commit a crime, you should be punished as if you yourself attempted to commit that crime.
[QUOTE=Helix Snake;52640931]Honestly if you're a policeman and you attempt to force someone to commit a crime, you should be punished as if you yourself attempted to commit that crime.[/QUOTE] And charge every officer who supported the detective with the same crime, too.
[QUOTE=Ridge;52640705]There are so many laws on the books nowadays that nobody can know them all. And that's by design. If you don't know all the laws, that means you are more likely to break one, which will get the city money.[/QUOTE] I feel like people having the right to their own body and bodily fluids should be an obvious one.
And to nobody's surprise, the officer was put on leave [url]http://www.cnn.com/2017/09/01/health/utah-nurse-arrest-police-video/index.html[/url]
[QUOTE=Arc Nova;52641254]And to nobody's surprise, the officer was put on leave [url]http://www.cnn.com/2017/09/01/health/utah-nurse-arrest-police-video/index.html[/url][/QUOTE] Um, duh? That's standard procedure. Investigation is started, involved officers are put on leave until everything is sorted out.
[QUOTE=Arc Nova;52641254]And to nobody's surprise, the officer was put on leave [url]http://www.cnn.com/2017/09/01/health/utah-nurse-arrest-police-video/index.html[/url][/QUOTE] It's bordering on unacceptable that people don't seem to understand this is standard procedure before an investigation is completed yet, it is nearing "why not shoot him in the leg" level
[QUOTE=Sky King;52639226]What a complete disgrace to the badge. I wish there was a bigger push against these powertripping psychos. This kind of thing should result in termination(personally I believe criminal charges and jailtime should be consider for abusers like him). [/QUOTE] As none of this man's actions were in accordance with his authority as a police officer, let's consider what he did. He aggressively forced handcuffs onto a woman and dragged her out of her place of work. That is assault and kidnapping. In a sane society he would already be charged, locked up, and awaiting trial. It's quite clear that we do not live in a sane society any longer. When someone commits a violent and disturbing crime, but is wearing a blue uniform, the wheels of justice seem to not even budge.
[QUOTE=cis.joshb;52641325]As none of this man's actions were in accordance with his authority as a police officer, let's consider what he did. He aggressively forced handcuffs onto a woman and dragged her out of her place of work. That is assault and kidnapping. In a sane society he would already be charged, locked up, and awaiting trial. It's quite clear that we do not live in a sane society any longer. When someone commits a violent and disturbing crime, but is wearing a blue uniform, the wheels of justice seem to not even budge.[/QUOTE] B-But I'd rather be judged by twelve than carried by six! :flex:
[QUOTE=evilweazel;52641290]It's bordering on unacceptable that people don't seem to understand this is standard procedure before an investigation is completed yet, it is nearing "why not shoot him in the leg" level[/QUOTE] [QUOTE=Sir Whoopsalot;52641282]Um, duh? That's standard procedure. Investigation is started, involved officers are put on leave until everything is sorted out.[/QUOTE] Well, now I know, thanks :v:
[QUOTE=Arc Nova;52641354]Well, now I know, thanks :v:[/QUOTE] As stated before, this needs to be much more common knowledge. Not just with police but with a lot of institutions. Administrative leave removes someone from the investigation while still allowing them to support themselves. Later, they can decide to either reinstate them or still fire them.
What's really terrible is being completely powerless to protect yourself in this situation. You resist? Congrats on getting a free body slam and additional charge. Others step in? Congrats they're arrested too. Who knows how many previous times Officer Payne and his CO have done shit like this without a body cam to prove it. Disgusting he's getting PAID leave while they 'investigate' This happened in July, the tape was reviewed within 12 hours, Police chief Brown knows what he needs to do, but since the police still live in a boys club he'll do everything he can for his boys in blue. This shit right here is why people hate and distrust cops, shady shit with no accountability. Him and his CO need fired and their retirement taken away, Brown should step down at this point as well.
If I'm not mistaken it was a federal law he tried to violate? Is there some federal agency that would be involved as a result? Maybe not necessarily the FBI but if it's a federal law that's big trouble.
[QUOTE=EagleEye;52641613]What's really terrible is being completely powerless to protect yourself in this situation. [B]You resist? Congrats on getting a free body slam and additional charge. [/B]Others step in? Congrats they're arrested too. Who knows how many previous times Officer Payne and his CO have done shit like this without a body cam to prove it. Disgusting he's getting PAID leave while they 'investigate' This happened in July, the tape was reviewed within 12 hours, Police chief Brown knows what he needs to do, but since the police still live in a boys club he'll do everything he can for his boys in blue. This shit right here is why people hate and distrust cops, shady shit with no accountability. Him and his CO need fired and their retirement taken away, Brown should step down at this point as well.[/QUOTE] The police love excessively bodyslamming people at the slightest hint of "resistance": [video]https://youtu.be/Uc3gEdLW-uE[/video] Honestly Its really scary how [B]some of[/B] the police still act this way during an era where almost every public scene is recorded. Can you imagine how they acted before? They must be really confident that they can get away with this. [editline]2nd September 2017[/editline] [QUOTE=TheNerdPest14;52641678]If I'm not mistaken it was a federal law he tried to violate? Is there some federal agency that would be involved as a result? Maybe not necessarily the FBI but if it's a federal law that's big trouble.[/QUOTE] There should be an small federal entity to take care of these kinds of things. The police cannot be trusted to police themselves. Look at the Baltimore police chief. When several cops were caught seperatly planted drugs on innocent people. He said that those cases were LEGITIMATE. Even as there is an actual video showing otherwise. There are [B]eight[/B] baltimore cops is charged there will racketeering recently which may have never happened if it wasn't for those unrelated drug videos. Leaked emails suggesting that they DO have secret quotas and encourage stop & fisks on minorities. Some police departments are acting almost immune to the law and "protect & serve" is no longer their objective.
[QUOTE=EagleEye;52641613]What's really terrible is being completely powerless to protect yourself in this situation. You resist? Congrats on getting a free body slam and additional charge. Others step in? Congrats they're arrested too.[/QUOTE] And then the chorus of pro-cop zombies says "BUT YOU SHOULDN'T'VE RESISTED" as if that somehow justifies police brutality lol
[QUOTE=TheNerdPest14;52641678]If I'm not mistaken it was a federal law he tried to violate? Is there some federal agency that would be involved as a result? Maybe not necessarily the FBI but if it's a federal law that's big trouble.[/QUOTE] I am fairly certain that a blood test without a patient's consent is in violation of HIPAA (Health Insurance Portability and Accountability Act) which is a federal law that essentially protects patient health information. Not only was the nurse doing her job, but she was also upholding the law, as well as displaying a stellar example of patient advocacy.
Imagine getting arrested for refusing to break the law
[QUOTE=Sleepy Head;52642180]I am fairly certain that a blood test without a patient's consent is in violation of HIPAA (Health Insurance Portability and Accountability Act) which is a federal law that essentially protects patient health information. Not only was the nurse doing her job, but she was also upholding the law, as well as displaying a stellar example of patient advocacy.[/QUOTE] This has nothing to do with hipaa, which is a law governing medical providers and the release of medical information. This is a warrantless blood draw. Or rather, the seizure of previously drawn blood without a warrant (because as it turns out blood had been drawn previously for treatment purposes)
[QUOTE=Sleepy Head;52642180]I am fairly certain that a blood test without a patient's consent is in violation of HIPAA (Health Insurance Portability and Accountability Act) which is a federal law that essentially protects patient health information. Not only was the nurse doing her job, but she was also upholding the law, as well as displaying a stellar example of patient advocacy.[/QUOTE] It has absolutely nothing to do with HIPAA. And everything to do with the implied consent law, to which the nurse expanded the agreement regarding it
[QUOTE=Code3Response;52642238]It has absolutely nothing to do with HIPAA. And everything to do with the implied consent law, to which the nurse expanded the agreement regarding it[/QUOTE] It just has everything to do with being belligerent fucksnot and deliberately flouting the law and due process. This individual has no business being a police officer.
[QUOTE=27X;52642281]It just has everything to do with being belligerent fucksnot and deliberately flouting the law and due process. This individual has no business being a police officer.[/QUOTE] Warrantless blood draws were a thing for a long time under the implied consent law(s) up until very recently. He still is a fuck
[QUOTE=Code3Response;52642238]It has absolutely nothing to do with HIPAA. And everything to do with the implied consent law, to which the nurse expanded the agreement regarding it[/QUOTE] [QUOTE=H8Entitlement;52642215]This has nothing to do with hipaa, which is a law governing medical providers and the release of medical information. This is a warrantless blood draw. Or rather, the seizure of previously drawn blood without a warrant (because as it turns out blood had been drawn previously for treatment purposes)[/QUOTE] No, this has absolutely [I]everything[/I] to do with HIPAA. There is a privacy rule section that protects the disclosure of PHI (patient health information) and disallows disclosure unless there is patient consent or legal documents (court order, warrants, etc.) that demand it. From wiki: [quote]Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes as required by law ([B]including court orders, court-ordered warrants, subpoenas[/B]) and administrative requests; or to [B]identify or locate a suspect, fugitive, material witness, or missing person[/B].[/quote] The detective did not satisfy any of these criteria and he therefore had no authority to demand for a blood test. **Also I previously worked in a clinical lab and I was required to take a full day of HIPAA training courses so I know a thing or two about it
[QUOTE=Code3Response;52642238]It has absolutely nothing to do with HIPAA. And everything to do with the implied consent law, to which the nurse expanded the agreement regarding it[/QUOTE] It concerns me that you, as a police officer, clearly do not understand the actual law with regards to the rights of patients.
[QUOTE=Sir Whoopsalot;52641390]As stated before, this needs to be much more common knowledge. Not just with police but with a lot of institutions. Administrative leave removes someone from the investigation while still allowing them to support themselves. Later, they can decide to either reinstate them or still fire them.[/QUOTE] Cops really need the paid leave. There are situations like this one where it is blindingly obvious that the guy was not only in the wrong, but is ultimately unfit for service. There are far more situations that you don't hear about where the cop did nothing wrong. Every time a cop shoots someone there is an investigation to determine if it was justified. Even minor complaints about conduct can lead to investigations where the officer can be put on leave for extended periods of time. You do not want someone being investigated to be actively on duty. Besides the possibility of them being guilty, which would turn into a media circus over why the department let a guilty cop continue to work, they could potentially interfere with the investigation. At the same time you do not want a cop losing their paycheck for an indeterminate amount of time. Even if they are paid upon reinstatement that is an unreasonable financial hardship to bear. Remember, these investigations can sometimes drag on for months. Even delaying a paycheck a week can sink someone going through a rough spot. Like all blanket policies, this has downsides. It's still the least terrible of all of the other options. Anything else unduly punishes the police who do the right thing.
[QUOTE=geel9;52642756]It concerns me that you, as a police officer, clearly do not understand the actual law with regards to the rights of patients.[/QUOTE] Wait hold the fuck up. Code3response is an actual police officer lol?. Anyways you cant just yank a nurse out of a emergency room like that without atleast giving reports to another nurse of the patients. This was actually the burn ICU, which is arguably significantly worse as the patients are definitely critically ill as opposed to possibly critically ill. I wonder if patients could sue too if things wouldve gotten wrong that night. Another note, there was an supreme court case that said its okay if police officers dont know the law. Aslong if its "reasonable". You can get arrested for not breaking the law if the police was ignorant of the laws they are supposed to be enforcing. Read more of it. Heien v. North Carolina.
What the fuck? Most of the guys in my unit are cops and they aren't defending this asshole. They think the nurse was stupid, but they're also constantly rambling on about how the detective really fucked up.
[QUOTE=D-Roy;52642835]What the fuck? Most of the guys in my unit are cops and they aren't defending this asshole. They think the nurse was stupid, but they're also constantly rambling on about how the detective really fucked up.[/QUOTE] In what way do they think the nurse was stupid?
[QUOTE=Zephyrs;52642954]In what way do they think the nurse was stupid?[/QUOTE] She didnt break the law and licked the officers boot of course /s. Not surprised that cops thought the woman was being stupid for some reason. They can't handle the idea of somebody not complying and standing up for themselves.
[QUOTE=geel9;52642756]It concerns me that you, as a police officer, clearly do not understand the actual law with regards to the rights of patients.[/QUOTE] Because this is a fourth amendment issue. Warrantless blood draws were commonplace under implied consent laws until recent case law moved it to a warrant standard. [editline]3rd September 2017[/editline] And I'm not defending him here, the nurse said it out clearly word for word and had a copy of the agreement.
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