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........
Utah Nurse Arrested for Refusing to Perform Blood Draw
- Termite
- Posts: 9003
- Joined: Tue Aug 19, 2008 3:32 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
"Life is a bitch. Shit happens. Adapt, improvise, and overcome. Acknowledge it, and move on."
- Netpackrat
- Posts: 13983
- Joined: Fri Aug 15, 2008 11:04 pm
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
Does that matter if the goal is to obtain evidence for use in a civil trial?Termite wrote:Apparently the detective is not aware of the legal concept "fruit of the poisoned tree" with regards to evidence.
Cognosce teipsum et disce pati
"People come and go in our lives, especially the online ones. Some leave a fond memory, and some a bad taste." -Aesop
"People come and go in our lives, especially the online ones. Some leave a fond memory, and some a bad taste." -Aesop
- Jered
- Posts: 7859
- Joined: Wed Aug 20, 2008 1:30 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
In this case, I think it would because the person who unlawfully obtained the evidence is a government official.Netpackrat wrote:Does that matter if the goal is to obtain evidence for use in a civil trial?Termite wrote:Apparently the detective is not aware of the legal concept "fruit of the poisoned tree" with regards to evidence.
A court would not look at it the same was as a private person unlawfully obtaining evidence, or, at least that what I think.
The avalanche has already started. It is too late for the pebbles to vote.
- Jered
- Posts: 7859
- Joined: Wed Aug 20, 2008 1:30 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
Oops.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.
The avalanche has already started. It is too late for the pebbles to vote.
- skb12172
- Posts: 7310
- Joined: Tue Aug 19, 2008 12:45 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
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.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.
There must be an end to this intimidation by those who come to this great country, but reject its culture.
- HTRN
- Posts: 12397
- Joined: Wed Aug 20, 2008 3:05 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
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....Netpackrat wrote:Does that matter if the goal is to obtain evidence for use in a civil trial?Termite wrote:Apparently the detective is not aware of the legal concept "fruit of the poisoned tree" with regards to evidence.
HTRN, I would tell you that you are an evil fucker, but you probably get that a lot ~ Netpackrat
Describing what HTRN does as "antics" is like describing the wreck of the Titanic as "a minor boating incident" ~ First Shirt
Describing what HTRN does as "antics" is like describing the wreck of the Titanic as "a minor boating incident" ~ First Shirt
- Jered
- Posts: 7859
- Joined: Wed Aug 20, 2008 1:30 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
The SCLPD's union is not happy about the release of the video.
Translation: we can't cover it up if the video is out there in the public domain."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.
Other than that your cop made a complete ass of himself and probably committed a few felonies on candid camera, you mean.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."
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."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.
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.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.
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.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.
The avalanche has already started. It is too late for the pebbles to vote.
- skb12172
- Posts: 7310
- Joined: Tue Aug 19, 2008 12:45 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
So predictable. I doubt anybody is buying their sob story.
There must be an end to this intimidation by those who come to this great country, but reject its culture.
- Jered
- Posts: 7859
- Joined: Wed Aug 20, 2008 1:30 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
I read through Utah's public record law. Wubbels can make this public if she wants to.skb12172 wrote:So predictable. I doubt anybody is buying their sob story.
If you don't like a video showing you to be a thug, don't be a thug.
The avalanche has already started. It is too late for the pebbles to vote.
- Jered
- Posts: 7859
- Joined: Wed Aug 20, 2008 1:30 am
Re: Utah Nurse Arrested for Refusing to Perform Blood Draw
The defective has been fired. The lieutenant got demoted.
The avalanche has already started. It is too late for the pebbles to vote.