[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Wounded casino security guard vanishes from Las Vegas — and reappears on the set of 'Ellen'

Does TV's obsession with fictional American traitors affect our view of government?

The twilight of the elites...in the European Union

Broadcast Networks Push An Anti-Gun Agenda After Vegas Shooting

6 Questions About the Vegas Massacre That Will Make You Wonder What They’re Hiding

Eyewitness account of rapid gunfire, muzzle flash, people shot at Tropicana, ‘blood on walls’: Las Vegas shooting

The helicopter gunner theory: Are Las Vegas police hiding the fact that a helicopter gunship stormed the festival?

Florida declares state of emergency ahead of Richard Spencer speech

Cops Respond to Bank Robber by Shooting His Hostage 9 Times

Florida girl, 9, dies after 325-pound woman sits on her as punishment

'I was running downstairs in heels with a cup of coffee and fell backwards!': Hillary Clinton appears on British TV show to promote her book hobbling on crutches and wearing a protective boot after BREAKING her toe

Man Busted for Meth That Was Actually Donut Glaze Gets $37,500 for His Trouble

LAS VEGAS SHOOTING VIDEO CHANGES EVERYTHING

Collins: 'I just felt that I couldn't walk away' from Senate (I do play a key role)

Polkark,from Masterpiece Theater on PBS

Cops Attack Fellow Cop, Handcuff, Shackle, Taser Him—for Being Sick

Clinton Foundation to keep Harvey Weinstein's $250,000 donation

Bergdahl declared jihad in captivity, secret documents show

Trump and the dismantling of Obama's legacy

Austrian 'whizz-kid' in election triumph

Trump Given A Subpoena For All Documents Relating To Assault Allegations

FBI 'Hand-In-Hand' With Vegas PD, Begin Damage Control: "There Is No Conspiracy... Nobody Is Attempt to Hide Anything"

Young Man Arrested for Underage Sex Was Re-Arrested for Sharing a Pizza with a 17-Year-Old

Donald Trump Is Handicapping Supreme Court Vacancies

Austrian Vote Nudges Europe's Balance to Right as Populists Gain

Why So Many People Believe Conspiracy Theories

The Las Vegas massacre narrative has more holes than a Mandalay Bay hotel hallway

Assange to be kicked out of embassy? Wikileaks founder clashes with Ecuador over Catalonia

Colin Kaepernick Reportedly Files Grievance Against NFL Owners for Collusion

Trump golfs with Rand Paul

Federal Judge Re-affirms Tradition of Congressional Prayer

Vicente Fox is Running for President of the United States

Melissa Etheridge Arrested For Having Cannabis Oil She Used to Help With Cancer

Clinton: We made a person who committed sexual assault president

Once promised paradise, IS fighters end up in mass graves

Former Trump campaigner and Rubio intern shot 13 times while sleeping

For he is a jolly good fellow

Lets talk the Catholic Church and their damned lies

Possibility of ‘Professor Hillary Clinton’ ignites GREAT ideas for #HillaryCourses at Columbia

Trump: 'We are stopping cold the attacks on Judeo-Christian values'

The 4 LV Strip hotels with cameras in hallways

LAS VEGAS SHOOTING SURVIVOR KYMBERLEY SUCHOMEL, WHO CLAIMED MULTIPLE SHOOTERS INVOLVED, DIES UNEXPECTEDLY

Las Vegas Shooting Mystery: Injured Security Guard Disappears Ahead Of Planned Interviews, What Is Going On?

InfoWars Boss [Alex Jones] Has His Own Harrowing Tale of Sexual Abuse at the Hands of Hollywood Honchos

Las Vegas Massacre Survivor Abruptly Dies Just Days After Posting Eyewitness Account Of Multiple Shooters And Subsequent Cover-Up

Gun-Toting Robber Waltzes Into Convenience Store, Clerk Immediately Opens Fire

Veteran Bucks the Former Mayor of Phoenix, City Makes Him Pay for More Than a Decade

Joy To The World (Three-Dog Night Vid)

Former GOP staffer shot 13 times in bed; suspect had blood on hands and feet

Porn king Larry Flynt offers $10 million cash in writing to anyone with the goods to take down POTUS


Status: Not Logged In; Sign In

United States News
See other United States News Articles

Title: Mayor: Investigation found arrest of nurse broke policies
Source: Yahoo/AP
URL Source: https://www.yahoo.com/news/mayor-in ... -broke-policies-233317640.html
Published: Sep 14, 2017
Author: LINDSAY WHITEHURST
Post Date: 2017-09-15 11:13:01 by Deckard
Keywords: None
Views: 238
Comments: 36

SALT LAKE CITY (AP) — An investigation into the rough arrest of a Utah nurse who refused to allow a blood draw on an unconscious patient found evidence that police officers violated department policies, the mayor of Salt Lake City said Wednesday.

Mayor Jackie Biskupski discussed the findings in an unusual step aimed at repairing public trust after a video surfaced of the nurse being dragged from the hospital in handcuffs on July 26.

"The rift this has caused in our city must be healed," the mayor said, citing threats made to 911 dispatchers and to her staff following the arrest.

The internal affairs investigation found evidence that Detective Jeff Payne and Lt. James Tracy broke guidelines on arrests, ethics and officer conduct, among others.

Greg Skordas, a lawyer for Payne, said he disputes some of the conclusions in the report and plans to prepare a response for the police chief. Attorney Ed Brass, who represents Tracy, didn't return messages seeking comment.

Salt Lake City police chief Mike Brown will use the results of the investigation, as well as a civilian review board conclusion that policies were broken, when he decides what consequences the officers will face, the mayor said. There is no deadline for the decision.

Prosecutors have also opened a criminal investigation into the conduct.

An attorney for nurse Alex Wubbels said she was relieved about the findings involving the officers.

"These were two seasoned officers who apparently believed they had carte blanche to do exactly what they were doing," lawyer Karra Porter said.

The detective who cuffed Wubbels has come under the most scrutiny. However, Porter said she's also concerned about the behavior of Tracy, the supervisor who recommended the arrest and did not release Wubbels after he arrived at the scene to find her in handcuffs.

Brass has said his client has been the target of threats since the video was released. Brass has called for people to withhold judgment until the investigations are complete.

Skordas has said his client would walk away rather than put Wubbels in handcuffs, if he had it to do over again.

Both officers were put on paid administrative leave after Porter and Wubbels released the video on Aug. 31.

The mayor and police chief have apologized, and the department has updated its policy to match the hospital guidance that Wubbels followed when she refused to allow Payne to draw blood without formal consent or a warrant.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard (#0)

Skordas has said his client would walk away rather than put Wubbels in handcuffs, if he had it to do over again.

Certainly true because he's had time to reflect upon the event and had some meditative revelations about how not arresting her could make the world a better place. How very sweet of him!

Pinguinite  posted on  2017-09-15   11:18:33 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

"The rift this has caused in our city must be healed," the mayor said, citing threats made to 911 dispatchers and to her staff following the arrest.

Sounds like another lying bitch mayorette, just like the one in Grand Rapids.

You can tell they don't really want to change anything. They just want to make it go away so the sheep go back to sleep.

Tooconservative  posted on  2017-09-15   11:43:28 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

The mayor and police chief have apologized, and the department has updated its policy to match the hospital guidance

Wait. What?

The investigation found evidence that police officers violated department policies. OK. Meaning the policies were good and the officers failed to follow them. Got it.

So why change them? Why change good policies?

Now if the policies were bad, and the police officers followed bad policies, then by all means change them. But don't blame the officers. And don't say they violated department policies when they were actually following them to the letter.

misterwhite  posted on  2017-09-15   12:58:59 ET  Reply   Trace   Private Reply  


#4. To: Pinguinite (#1)

Skordas has said his client would walk away rather than put Wubbels in handcuffs, if he had it to do over again.

Certainly true because he's had time to reflect upon the event and had some meditative revelations about how not arresting her could make the world a better place.

The only reason he is showing contrition is because he got caught bullying a nurse and violating her rights.

You can bet if he had the chance to do it over, he would.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-09-15   13:04:01 ET  Reply   Trace   Private Reply  


#5. To: Pinguinite (#1)

Skordas has said his client would walk away rather than put Wubbels in handcuffs, if he had it to do over again.

Given the phony and out-of-proportion hoopla over this incident, of course he would. Who wouldn't?

But, at the time, and as he did dozens of times before, he was following police procedure which has since been changed. How was he to know the nurse would go absolutely ape-shit and broadcast it all over the Internet?

misterwhite  posted on  2017-09-15   13:04:34 ET  Reply   Trace   Private Reply  


#6. To: misterwhite (#3)

But don't blame the officers.

Still defending the badged thugs? What a shock!

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-09-15   13:04:45 ET  Reply   Trace   Private Reply  


#7. To: Deckard (#6)

Still defending the badged thugs? What a shock!

You tell me. Were they following police department policy or weren't they?

misterwhite  posted on  2017-09-15   13:13:06 ET  Reply   Trace   Private Reply  


#8. To: misterwhite (#7)

You tell me. Were they following police department policy or weren't they?

Who knows? And who cares.

Before you were arguing that the law trumps policy. And now you say policy trumps law.

But you simply don't care about either. What you care about is defending cops, good or bad, right or wrong, justly or unjustly. Nothing else matters. Screw principles and screw morals. Any employee of a police department wearing a uniform is automatically entitled to royal pardon.

Please just admit that's your position and be done with it.

Pinguinite  posted on  2017-09-15   13:51:58 ET  Reply   Trace   Private Reply  


#9. To: Pinguinite (#8)

Before you were arguing that the law trumps policy.

No, I wasn't. I said the officer was following Utah state law and police department policy. But, as you said, "Who cares?"

misterwhite  posted on  2017-09-15   15:49:40 ET  Reply   Trace   Private Reply  


#10. To: misterwhite (#9)

But the nurse was following hospital policy, which, according to you, was no excuse for obstuction.

But, yes, who cares? You are hardly deserving of the time to discuss further.

Pinguinite  posted on  2017-09-15   16:43:28 ET  Reply   Trace   Private Reply  


#11. To: Deckard (#0)

SALT LAKE CITY (AP) — An investigation into the rough arrest of a Utah nurse who refused to allow a blood draw on an unconscious patient found evidence that police officers violated department policies, the mayor of Salt Lake City said Wednesday.

What the SLC mayor is trying to say is that the attorneys informed her of the municipal liability if the Court finds the detective and the Lieutenant acted within department policy and the scope of their employment.

The mayor and police chief have apologized, and the department has updated its policy to match the hospital guidance that Wubbels followed when she refused to allow Payne to draw blood without formal consent or a warrant.

Gee Madam Mayor, why did you have to update the policy to comply with the Constitution?

The liability must be huge, indeed. The investigation must be leading to a very undesirable result. How many additional cases are involved?

nolu chan  posted on  2017-09-15   16:46:31 ET  Reply   Trace   Private Reply  


#12. To: Pinguinite (#10)

But the nurse was following hospital policy, which, according to you, was no excuse for obstuction.

My understanding is that the hospital would not do a blood draw without a warrant. But the officer was not asking the hospital to do the blood draw. He was a trained and licensed phlebologist and would do the blood draw himself.

Meaning, the nurse was obstructing an officer conducting an investigation, which is against the law. Based on that, he had the power to arrest her.

misterwhite  posted on  2017-09-15   17:19:23 ET  Reply   Trace   Private Reply  


#13. To: nolu chan (#11)

found evidence that police officers violated department policies,

Violated or followed?

Seems to me they followed a bad department policy that ha ha has now been corrected. But let's go ahead and blame them anyways, huh?

misterwhite  posted on  2017-09-15   17:25:14 ET  Reply   Trace   Private Reply  


#14. To: misterwhite (#13)

Anybody with two brain cells to rub together realizes that thug gets the blame.

Now, she needs to take all of his stuff and ensure he'll be lucky to find a career asking people if they want fries with that.

Hank Rearden  posted on  2017-09-15   20:24:59 ET  Reply   Trace   Private Reply  


#15. To: misterwhite (#13)

Violated or followed?

SLC now say violated. Translation: SLC says they are NOT LIABLE.

If the Detective and Lieutenant operated outside of authorized policy, they do not enjoy any immunity from prosecution, and SLC might avoid being liable.

The Lieutenant advised the Detective. My best guess is that this was policy and could lead to a class action suit over illegal search and seizure and HIIPA violations.

Where they say they changed the policy to conform to the Hospital agreement, translate to read, "conform to McNeely and the Constitution." They are now in the stage of grief called denial.

nolu chan  posted on  2017-09-16   4:22:46 ET  Reply   Trace   Private Reply  


#16. To: misterwhite, Pinguinite (#12)

Meaning, the nurse was obstructing an officer conducting an investigation, which is against the law. Based on that, he had the power to arrest her.

Any such invasion would have been unconstitutional without a search warrant. He had no authority to do a blood draw. The nurse was correct and somebody will pay big bucks. The detective had no authority to arrest anyone based on his unconstitutional demand. He demanded that she let him commit a crime on her patient.

nolu chan  posted on  2017-09-16   4:26:36 ET  Reply   Trace   Private Reply  


#17. To: nolu chan (#16)

The nurse was correct and somebody will pay big bucks.

She was citng hospital policy, not police department policy or Utah state law. She was not the judge and jury on this decision. She was a nurse.

But let's say she was right. What does that mean to her patient --constitutionally? It means the blood draw could not be used as evidence in a trial. Was there a trial? Was the blood used as evidence?

misterwhite  posted on  2017-09-16   9:21:47 ET  Reply   Trace   Private Reply  


#18. To: nolu chan (#15)

My best guess is that this was policy ...

So he was following policy. Why did the article say they were both suspended (with pay) for violating policy?

"SLC says they are NOT LIABLE."

Seems to me they are. The Detective and Lieutenant WERE following policy. That policy has now been changed -- your guess is to conform with McNeely.

"HIIPA violations"

HIIPA says the hospital can't disclose patient inormation. The hospital did not, and was not asked to, disclose patient inormation.

misterwhite  posted on  2017-09-16   9:31:38 ET  Reply   Trace   Private Reply  


#19. To: Hank Rearden (#14)

Anybody with two brain cells to rub together realizes that thug gets the blame.

For following police department procedure and policy?

misterwhite  posted on  2017-09-16   9:33:24 ET  Reply   Trace   Private Reply  


#20. To: misterwhite (#17) (Edited)

Shut up dumb ass Tyrant. We are getting tired of your cheering Nazi tactics. You stupid prick. Yeah I'm not going to debate you because you just regeogergorat tyrannical talking points. You surely need a dose of what you worship. Yes I'm talking a beating. Asshole.

A K A Stone  posted on  2017-09-16   9:35:16 ET  Reply   Trace   Private Reply  


#21. To: misterwhite (#19) (Edited)

Hey shit stain it wasn't department procedures he followed. You need a good beat down. I wanna hear you scream,

A K A Stone  posted on  2017-09-16   9:37:26 ET  Reply   Trace   Private Reply  


#22. To: A K A Stone (#21)

Hey shit stain it wasn't department procedures he followed.

Uh-huh. And Steven King's The Tower isn't 95 minutes long. You have no credibility. You just vomit out the first thing that comes to mind and think everyone will accept it as gospel.

misterwhite  posted on  2017-09-16   14:16:25 ET  Reply   Trace   Private Reply  


#23. To: misterwhite (#22)

Hey shit stain

-

A K A Stone  posted on  2017-09-16   14:17:56 ET  Reply   Trace   Private Reply  


#24. To: misterwhite (#17)

She was citng hospital policy, not police department policy or Utah state law.

She was citing an agreement between the police and the hospital to conform to McNeely and the U.S. Constitution. The Detective was citing unconstitutional bullshit which did not then, and does not now, exist in the eyes of the law.

The Detective checked with the Lieutenant. Their collective ignorance of the law does not grant them special permission to violate the Constitution, either in this case or however many previous cases they may have gotten away with.

The Lieutenant's advisory participation tends to show that this was more than two miscreants on an individual case. Indeed, the hospital agreement also tends to indicate that this had happened before and action had been taken to prevent recurrence.

An unconstitutional so-called policy or state law is uncitable in court as an actual law.

But let's say she was right. What does that mean to her patient --constitutionally? It means the blood draw could not be used as evidence in a trial. Was there a trial? Was the blood used as evidence?

It means that any hospital that allowed this crap could be sued by the patiient for a HIPAA violation. If the police did it in dozens of previous cases, and got away with it, the FBI investigation may reveal that. The knowledge may be used to invalidate prior convictions.

nolu chan  posted on  2017-09-18   17:24:32 ET  Reply   Trace   Private Reply  


#25. To: nolu chan (#24)

She was citing an agreement between the police and the hospital to conform to McNeely and the U.S. Constitution.

She was citing an old agreement between the police and the hospital. Period. According to news sources, that agreement has now been amended because of this incident.

I have no idea what the original agreement contained, nor the new agreement -- and neither do you.

misterwhite  posted on  2017-09-18   18:05:09 ET  Reply   Trace   Private Reply  


#26. To: nolu chan (#24)

The Detective checked with the Lieutenant. Their collective ignorance of the law does not grant them special permission to violate the Constitution, either in this case or however many previous cases they may have gotten away with.

You assume they were acting contrary to Utah state law and police department policy and procedures. You have yet to convince anyone of that.

"An unconstitutional so-called policy or state law is uncitable in court as an actual law."

Had this case made it's way into court, THAT would be the time to challenge it.

"It means that any hospital that allowed this crap could be sued by the patiient for a HIPAA violation."

a) The hospital was not doing the blood draw. b) If the police department made public the results of the blood test outside of the courtroom, then HIPAA would apply.

misterwhite  posted on  2017-09-18   18:13:33 ET  Reply   Trace   Private Reply  


#27. To: misterwhite (#25)

She was citing an old agreement between the police and the hospital. Period. According to news sources, that agreement has now been amended because of this incident.

Yes, this incident was a violation of the U.S. Constitution as interpreted by the U.S. Supreme Court.

The agreement was not rewritten, the procedures and regulations of the pplice were rewirtten.

I have no idea what the original agreement contained, nor the new agreement -- and neither do you.

Obviously, you have not bothered to watch the video in which she read the memo to the detective, before he arrested her.

Please do not attribute your state of ignorance to me.

https://www.youtube.com/watch?v=ihQ1-LQOkns

nolu chan  posted on  2017-09-19   16:56:27 ET  Reply   Trace   Private Reply  


#28. To: misterwhite (#26)

You assume they were acting contrary to Utah state law and police department policy and procedures. You have yet to convince anyone of that.

You mayu falsely phrase bullshit and attribute it to me, but you will fool nobody but yourself.

I do not care whether they acted in accordance with an unconstitutional regulation, or if the regulation was constitutional and they violated it.

The action of the Detective was clearly in violation of the agreement with the hospital (of which you claim total ignorance), and it was clearly in violation of the U.S. Constitution as interpreted by the U.S. Supreme Court.

The SCOTUS ruling is the final authority.

"It means that any hospital that allowed this crap could be sued by the patiient for a HIPAA violation."

a) The hospital was not doing the blood draw. b) If the police department made public the results of the blood test outside of the courtroom, then HIPAA would apply.

The HOSPITAL (health care provider) is tasked with maintaining the privacy of the medical information. They cannot give it to the police, nor can they permit the police to take their own sample. The chances of this police misconduct has about a zero probability of being a solo incident. The hospital personnel can not stand by and permit a detective with no authority to violate the rights of the patient. A prior such event, or events, is the likely explanation for the written agreement between the police and the hospital.

nolu chan  posted on  2017-09-19   17:10:23 ET  Reply   Trace   Private Reply  


#29. To: nolu chan (#28)

The action of the Detective was clearly in violation of the agreement with the hospital (of which you claim total ignorance),

Clearly? How was it in violation?

misterwhite  posted on  2017-09-19   17:38:09 ET  Reply   Trace   Private Reply  


#30. To: misterwhite (#29)

How was it in violation?

Read McNeely. I can't do it for you.

nolu chan  posted on  2017-09-19   19:35:03 ET  Reply   Trace   Private Reply  


#31. To: All (#29)

The action of the Detective was clearly in violation of the agreement with the hospital

You have no idea what that agreement was. I keep telling you that. The agreement could have been that the hospital would not do a blood draw without a warrant. Fine. But the officer was a trained phlebotomist and HE was going to do the blood draw -- as he had many times before.

So how can you insist that this was a CLEAR violation? And WTF does McNeely have to do with that agreement?

misterwhite  posted on  2017-09-19   20:51:24 ET  Reply   Trace   Private Reply  


#32. To: misterwhite (#31)

Missouri v. McNeely gives the authoritative answer to all legal questions regarding how the actions of the Detective were unconstitutional, and how the nurse was correct.

nolu chan  posted on  2017-09-20   1:14:12 ET  Reply   Trace   Private Reply  


#33. To: nolu chan (#32)

Missouri v. McNeely gives the authoritative answer to all legal questions regarding how the actions of the Detective were unconstitutional, and how the nurse was correct.

Don't simply throw a 48-page legal document at me and say "the answer's in there somewhere".

The "authoritative answer to ALL legal questions"? Where's the authoritative answer to a blood draw on an unconscious patient? I couldn't find it, despite the fact that you told me ALL the answers were there.

You lied to me. You're making shit up. Again.

misterwhite  posted on  2017-09-20   10:37:22 ET  Reply   Trace   Private Reply  


#34. To: misterwhite (#33)

Don't simply throw a 48-page legal document at me and say "the answer's in there somewhere".

I am not going to read it to you, like a bedtime story. I have pointed out the relevant portions of McNeely and I have quoted them to you. McNeely is the binding precent on the matter. While SCOTUS may not have expressed itself clearly enough for you, they did so for the rest of the world, so it does not matter. Entering a state of unconsciousness does not surrender any 4th Amendment rights, except in bizarro world.

If you choose to believe that your inane bullshit overturns the Supreme Court's interpretation of the Constitution, you have an absolute right to believe whatever dingbat shit you desire. The Supreme Court says that absent consent, he needed a suspect under arrest, a warrant, or exigent circumstances. The Detective admitted he had nothing of the sort.

So far, the Detective and the Lieutenant have been relieved of duty, the Detective has been removed from his job involving blood draws, the nurse has received a very public apology, and the cop is recovering.

It does not help the idiot detective that he manhandled a local hero, a two-time member of the U.S. Olympic skiing team, competing in 1998 and 2002.

Also not helping the idiot detective is that he was committing his unlawful acts in order to obtain an unconstitutional blood draw from an unconscious Rigby, Idaho reserve police officer. The unconscious police officer was not a suspect of any crime, and was not the subject of any criminal investigation.

"Rigby Police Chief Sam Tower on Friday thanked the Utah nurse and other hospital staffers for preventing Utah officers from obtaining a blood sample from 43-year-old William Gray, a Rigby reserve officer. Tower says protecting the rights of others is a heroic act."

The cops are no longer permitted access to the hospital via the emergency entry. They must now check in at the front desk and wait for a hospital house supervisor.

http://www.npr.org/sections/thetwo-way/2017/09/05/548601099/calling-nurse-a-hero-utah-hospital-bars-police-from-patient-care-areas

Calling Nurse A 'Hero,' Utah Hospital Bars Police From Patient-Care Areas

Bill Chappell
NPR
September 5, 2017, 7:42 AM ET

Updated 8:35 p.m. ET

The Salt Lake City hospital where a police officer roughly arrested a nurse who was protecting her patient's rights in July will no longer allow law enforcement agents inside its patient care areas. They'll now have to check in rather than enter through the emergency room.

"Law enforcement who come to the hospital for any reason involving patients will be required to check in to the front desk of the hospital," said chief nursing officer Margaret Pearce of the University of Utah Hospital. "There, a hospital house supervisor will meet the officers to work through each request."

Hospital officials say they created the policy one day after the July incident in which nurse Alex Wubbels refused to allow a police investigator identified as Jeff Payne to get a blood sample from a patient who was injured in a deadly collision with another driver. Wubbels was following the hospital's policy (and a recent Supreme Court decision) that requires either a warrant, the patient's consent or the patient being under arrest for such a sample to be obtained legally.

Last year, the Supreme Court ruled that the Fourth Amendment bars blood tests from being obtained without a warrant in drunken-driving cases.

"Our hospital continues to offer our full support to Alex," said Gordon Crabtree, the hospital system's CEO. "I think many of you know she is an Olympian, and to us she's truly an Olympic-size hero. We extend our appreciation for her dedication and service."

[snip]

http://reason.com/blog/2017/09/01/every-cop-involved-in-the-arrest-of-this

What Payne did here is patently, inescapably wrong in just about every possible way. Just one year ago the Supreme Court ruled that police must get a warrant or consent in order to draw a person's blood. It's utterly inconceivable that Payne, who is a trained phlebotomist with the police, did not know this. According to coverage from the Salt Lake Tribune, Payne acknowledged that he didn't have probable cause to get a warrant, but nevertheless insisted he had the authority to demand Wubbels draw blood.

But Payne did not have the authority to demand the blood draw and Wubbels was not "interfering" with a police investigation as they insisted at the time. Unsurprisingly, she was released later at the hospital and was not charged with any crime.

In fact, the claim that this blood draw was part of an "investigation" at all adds another layer of revulsion to Payne's behavior. The unconscious man Payne wanted blood from was not suspected of any crime and had done nothing wrong. He was, in fact, a victim of a crime.

http://idahostatejournal.com/news/local/unconscious-patient-in-utah-nurse-arrest-is-from-east-idaho/article_f9c5ae9e-654d-5166-b473-816cdbf8fab4.html

Unconscious patient in Utah nurse arrest is from East Idaho

Herald Journal Staff and Wire reports
Sep 1, 2017

[...]

“I was alarmed by what I saw in the video with our officer,” Police Chief Mike Brown said.

Police body-camera video shows Wubbels, who works in the burn unit, calmly explaining that she could not take blood from a patient who had been injured in a deadly car accident, citing a recent change in law. A 2016 U.S. Supreme Court ruling said a blood sample cannot be taken without patient consent or a warrant.

Wubbels told Payne that a patient had to allow a blood sample to determine intoxication or be under arrest. Otherwise, she said police needed a warrant. Police did not, but Payne insisted.

[...]

In response to the incident, Judd said the department updated its blood-draw policy last week to mirror what the hospital uses. She said officers have already received additional training.

The agency has met with hospital administration to ensure it does not happen again and to repair ties.

[...]

The patient was a victim in a car crash and Payne wanted the blood sample to show he had done nothing wrong, according to the officer’s written report.

[...]

http://www.cnn.com/2017/09/01/health/utah-nurse-arrest-police-video/index.html

'I've done nothing wrong': Utah nurse's arrest prompts police apology

By Melissa Gray, CNN

Updated 6:49 AM ET, Sun September 3, 2017

[excerpt]

The officer's account

In a police report, Payne said that when he arrived to the hospital, Wubbels said he needed to get permission from the hospital administrators.

After more than an hour of waiting, Payne said, he called his supervisor who advised him to arrest Wubbels if she refused to let him draw a blood sample.

"I told them we wanted to blood sample to protect him, not punish him," he wrote.

An after-hours message left with the Salt Lake Police Association, the union representing officers, regarding Payne's status was not immediately returned.

Brown said the department has apologized and that its "blood draw policy" has been replaced with a new one that officers are now using.

His statement did not mention the policy that was in place at the time of Wubbels' arrest or why police would need a new one.

nolu chan  posted on  2017-09-20   16:50:35 ET  Reply   Trace   Private Reply  


#35. To: nolu chan (#34)

"The Supreme Court says that absent consent ..."

Which he would give were he conscious.

"His statement did not mention the policy that was in place at the time of Wubbels' arrest or why police would need a new one."

They should ask you. You seem to have the answers no one else has.

misterwhite  posted on  2017-09-20   18:06:53 ET  Reply   Trace   Private Reply  


#36. To: misterwhite (#35)

Which he would give [consent] were he conscious.

Which he didn't because he was not conscious.

You may assume an unconscious police officer would give consent to a blood draw if conscious, the law does not.

They should ask you. You seem to have the answers no one else has.

They should ask you. You have a more vivid imagination.

The police chief of the unconscious reserve police officer certainly saw things differently than your fantasy.

"Rigby Police Chief Sam Tower on Friday thanked the Utah nurse and other hospital staffers for preventing Utah officers from obtaining a blood sample from 43-year-old William Gray, a Rigby reserve officer. Tower says protecting the rights of others is a heroic act."

The hospital acted with all due haste.

The cops are no longer permitted access to the hospital via the emergency entry. They must now check in at the front desk and wait for a hospital house supervisor.

And Detective Payne is left with quite a bullshit story.

"I told them we wanted to blood sample to protect him, not punish him," he [Detective Payne] wrote.

Detective Payne wanted to draw blood from unconscious reserve officer William Gray "to protect" officer Gray. That is, indeed, a novel approach to claim authority to stick a needle in the arm of an unconscious patient.

See Missouri v. McNeely, U.S. Supreme Court 11-1425 (17 April 2013)

nolu chan  posted on  2017-09-20   19:29:49 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com