Utah Nurse Arrested for Refusing to Perform Blood Draw

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Jered
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Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Jered »

Story here.
Video footage of the interaction between nurse Alex Wubbels and Salt Lake City police Detective Jeff Payne on July 26 at University Hospital in Salt Lake City shows the nurse calmly explaining to the detective that blood cannot be taken without a warrant from an unconscious patient unless he or she consents or that individual has been arrested.
“I’m leaving now — with her — anybody who wants to prevent that, that’s your option,” Payne says. “So, take your hand off her, please.”
From what I can find in a few minutes browsing Utah's criminal law, I can't find anything which requires a medical provider to assist the police with a blood draw. From this video, I'm not sure that the cop had the legal authority to arrest her, either.

Fucking "respect mah authoritah" imbecile.

Hospitals can also be sued for cooperating with police searches. Of course, this cop has also probably alienated every single nurse in Salt Lake City, so, none of them will ever want to do a blood draw for him.

If he had no legal authority to arrest the nurse, he needs to be charged with kidnapping, investigated by the FBI, and charged with 18 US Code 242.
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Steamforger
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Steamforger »

KSL reports that the nurse was released without being charged. The Defective has been placed on admin leave, and the DA's office is investigating.

I'm not guessing much will come out of this except nurse sues SLCPD and pays off house and student loans. The Defective gets a paid vacation. SLCPD announces a policy review and revisions being made "so this never happens again" until next time. If the Defective is fired, he'll be picked up by a smaller, local PD or the SO because he represents a large savings of training funds.

What he needs is to be taken out back and whipped with a fan belt.
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scipioafricanus
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by scipioafricanus »

I was just watching this and getting very mad. Officer Dick needs to be fired and his pension revoked.

Plus my understanding is the guy whose blood they want is a driver that was hurt in their pursuit of another suspect. At one point in the longer video, the nurse says they just pumped him full of painkillers. No wonder they want the blood now; they can say he was high on goofballs so they aren't responsible.

So what do you think would have happened if someone stepped in and asserted that it was an illegal arrest?
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Steamforger
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Steamforger »

Blue Lives Matter even appears to be on the nurse's side in this.
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scipioafricanus
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by scipioafricanus »

Steamforger wrote:Blue Lives Matter even appears to be on the nurse's side in this.
So it seems that both Officer Dick and Lt Head should be arrested for violating two citizen's civil rights.
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Jered
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Jered »

Steamforger wrote:Blue Lives Matter even appears to be on the nurse's side in this.
If it's a regular citizen, ignorantia juris, non excusat.

This defective needs to be charged with a felony. Then he won't be able to work in law enforcement any more.

I would think that defense attorneys would also salivate over any arrest that this defective makes.

"Mr. Defective, have you ever arrested anyone without probable cause?"

Defective: No, sir.

<lawyer plays video>

"So, Mr. Defective, what was your probable cause to arrest this woman in this video? What law do you believe that the woman in this video violated?"

"Your Honor, I request that jurors be instructed to disregard any testimony by Defective. He has shown himself to make unlawful arrests, arrest people without probable cause, and attempt to subject others to 4th Amendment searches without probable cause."
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Jered
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Jered »

The Idaho police department is thanking Nurse Wubbels.
An Idaho police department is thanking a Utah nurse for stopping a Salt Lake City officer from obtaining a blood sample from one of their reserve officers who was unconscious in a hospital.

Police in the eastern Idaho town of Rigby said Friday that William Gray was severely injured in a Utah crash in July when the semi-truck he was driving for work was hit by another car.

Rigby police said in a statement they didn't know until Thursday that the nurse was arrested after refusing to allow blood to be drawn from Gray.

The department thanked the nurse, Alex Wubbels, and hospital "for standing firm" and protecting the Gray's rights.

It says he is still hospitalized.
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Termite
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Termite »

I do believe qualified immunity does not apply in this case, and the officer can be personally sued separate from the city.

And held criminally liable, but I would not hold my breath waiting on the local DA to prosecute, however.
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by randy »

If I were Det. Dickhead, I'd pray that I never have to go to that hospital for treatment. Not saying that his care would be less than required, simply that there are ways of providing care that make the experience more unpleasant than others.
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by slowpoke »

Ideally I would like to see training to the whole police dept in how to handle unlawful orders. The officers who were present and did not stop him be disciplined. The LT and the detective charged with felony conspiracy to violate civil rights and given a plea bargain for a few years probabation and a violent felony conviction(kidnapping and conspiracy to violate civil rights should do). The fellony convictions should end any LE work, thier gun rights and voting rights. If I were the nurse thats what I would ask for in addition to an expunged arrest record, notorized written apologies explicitly admitting to their fellonious actions and pay my lawyers complete bill.
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