Utah Nurse Arrested for Refusing to Perform Blood Draw

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Termite
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Termite »

Apparently the detective is not aware of the legal concept "fruit of the poisoned tree" with regards to evidence.

Perhaps the DA needs to educate him........ :geek:
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Netpackrat
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Netpackrat »

Termite wrote:Apparently the detective is not aware of the legal concept "fruit of the poisoned tree" with regards to evidence.
Does that matter if the goal is to obtain evidence for use in a civil trial?
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Jered
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Jered »

Netpackrat wrote:
Termite wrote:Apparently the detective is not aware of the legal concept "fruit of the poisoned tree" with regards to evidence.
Does that matter if the goal is to obtain evidence for use in a civil trial?
In this case, I think it would because the person who unlawfully obtained the evidence is a government official.

A court would not look at it the same was as a private person unlawfully obtaining evidence, or, at least that what I think.
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Jered
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Jered »

Those policies include conduct unbecoming by a police employee, courtesy in public context, policy regarding arrests, misdemeanor citations, situations requiring a report, law enforcement code of ethics and city policy regarding standards of conduct for employees, the mayor said.
Oops.
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skb12172
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by skb12172 »

Biskupski said Wubbels’ arrest has divided the community. She said Salt Lake City police officers are some of the best law enforcement officers in the country.
It shouldn't unless half the city is in favor of dirty cops who wipe their ass with department policy, state and federal law, plus the Constitution.
There must be an end to this intimidation by those who come to this great country, but reject its culture.
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HTRN
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by HTRN »

Netpackrat wrote:
Termite wrote:Apparently the detective is not aware of the legal concept "fruit of the poisoned tree" with regards to evidence.
Does that matter if the goal is to obtain evidence for use in a civil trial?
Bingo they're trying to prevent a multi million dollar lawsuit by the then unconscious truck driver, who was struck by the other, deceased victim, who was running from the police dept....
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Jered
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Jered »

The SCLPD's union is not happy about the release of the video.
"The city's handling of this incident," he said, "has corrupted the investigation" required under department regulations, violated public records rules, "and ultimately may prevent Jeff Payne and other officers from receiving a fair disposition of the charges against them.
Translation: we can't cover it up if the video is out there in the public domain.
Hartney said releasing the body camera video while the investigation is still ongoing "has created a public furor which makes reasoned determinations difficult, if not impossible. A furor which did not have to occur," while later adding that release of the video also "creates an explosive atmosphere for no reason whatsoever."
Other than that your cop made a complete ass of himself and probably committed a few felonies on candid camera, you mean.
"The premature release of body cam footage is particularly demoralizing as it allows the public who have not trained as police officers to make what often amounts to biased and ill-informed judgments of the police," the letter states.
Any reasonably rational person who watches that video is going to come to the conclusion that Detective Payne is an ass. This time he got caught on video being an ass. Sounds like they're catching a lot of heat for this.
But Wubbels' attorney, Karra Porter, said Monday that her office talked to the city attorney's office before filing a Government Records Access Management Act request, which was approved. She said her client, who is the subject of the video, obtained it legally.
Yup. Wubbels is the subject of the video. Therefore, she's allowed to request that it be made into a public record and request access to it.
If the police union determines that Payne did not violate any policies or that he was disciplined too harshly, Hartney said it will fully defend him.
They're legally obligated to do so. Of course if he goes to court and gets convicted of a felony, good luck keeping his job after that.
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skb12172
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by skb12172 »

So predictable. I doubt anybody is buying their sob story.
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Jered
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Jered »

skb12172 wrote:So predictable. I doubt anybody is buying their sob story.
I read through Utah's public record law. Wubbels can make this public if she wants to.

If you don't like a video showing you to be a thug, don't be a thug.
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Jered
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Re: Utah Nurse Arrested for Refusing to Perform Blood Draw

Post by Jered »

The defective has been fired. The lieutenant got demoted.
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