Opinions ?

http://www.sltrib.com/news/2017/08/31/utah-nurse-arrested-after-complying-with-hospital-policy-that-bars-taking-blood-from-unconscious-victim/

+1
I'm sure this will end up costing the police force a ton of $'s.

I don't think there's anyone that can argue the cops side in this one.

We hold patient privacy above all. We have to. One mistake and we can no longer work in anything remotely related to healthcare. It's heavily enforced. Besides, that evidence collected would be inadmissible.

Get a court order and I'll take care of it. I used to work in ED. The officers would obtain warrants fairly quickly at all hours. Once the warrant was received, the attending would write and sign an order notating court order, and I would collect the sample witnessed and double signed with chain of custody form which everyone that handled the sample would sign. Once the test was complete, again all hand delivered and chain of custody form maintained.

The cop actually admitted on camera that he didn't have probable cause...

2016 SCOTUS ruled there were no circumstances that existed wherein a patient's blood could be drawn without either A) consent or B) a warrant...

I think 2013 scotus case mcneely (?) They ruled that dissipation of alcohol or drugs from an individual's system did not qualify as exigent circumstances, seeing as how electronic application for warrants in this day and age means a warrant can be issued much quicker than alcohol disappears from the blood...

https://bluelivesmatter.blue/salt-lake-nurse-arrest-video/

More info...

Unless the investigation has concluded, the reports locked and not publicly available then this article is nothing but speculation. There is nothing in the article that isn't in the video. Had the author(s) of the article read the official case file then they would have used data in that file to give credence to article. They did not.

This then brings about the possibility that it is an article written based on one person's experience. If that person worked for an agency who's policy was that no blood could be drawn without a warrant, then the article is biased based on a higher standard than the SCOTUS requires.

Another community, i.e., the taxpayers, are going to pay big bucks for taking the cheap route when hiring police officers.

Ahhh got ya, I had missed all that lol. Ok next question in the video She tells the officer she did not know. Was she not on the phone with admin to see if he could get what he needed or to see if he should have the warrant? Was she not trying to find out? Now I gots to go back and watch it again lmaooo.

Do any of those 7 exceptions apply to someone who has not been arrested for or charged with a crime and is not suspected of committing a crime? What law prevents officers from randomly drawing blood from everyone in a hospital just in case they have illegal drugs in their system?

(House is chaotic right now! I'll try and give you a ring tomorrow)

It has to be taken into context. There was a fatality so it's a homicide investigation until proven otherwise. At the end of the day, it it's a matter of the totality of the situation. An officer has much leeway in a homicide investigation. No leeway at all if on a fishing expedition.

The carve out for the exceptions is for a warrantless search & seizure. Police can seize evidence or people. In this case it was a seizure of evidence.

The seven exceptions are:
*** Exigent Circumstances ===> Mincey v. Arizona; Kentucky v. King
*** Search Incident to Lawful Arrest ===> United States v. Robinson; Chimel v. California; Arizona v. Gant; U.S. v. Gustafson; Thornton v. U.S; U.S. v. Johns; Florida v. Meyers
*** Consent ===> Schneckloth v. Bustamonte; Illinois v. Rodriguez; Georgia v. Randolph
*** Plain View ===> Horton v. California
*** Stop and Frisk ===> Terry v. Ohio
*** Impounded Vehicles Inventory ===> South Dakota v. Opperman
*** Motor Vehicle Exception ===> Carroll v. United States; New York v. Belton; Maryland v. Dyson

BTW, there are actually more than seven. These are the most often cited, but for more info see the pdf in the link below:

https://www.aclu.org/files/FilesPDFs/ALPR/oregon/Washington%20County%20Sheriff%27s%20Office/30012-30050%20Search%20and%20Seizure%20Field%20Guide.pdf

This reminds me of a case I worked. Was called to a school because a teacher, who a mandatory reporter, called in about one of her students. She told us that the child told her that the father of the child used and sold drugs in his presence.

Myself and a narcotics officer attempted to talk to the child who was 10 or 11. The principle tried to block a doorway to prevent us from interviewing the child. He said that we needed a parent present before we talked to the child. Very professionally we informed the principle that since the child was not suspected of criminal behavior it wasn't necessary to have a parent present. We also informed the principle that if it appeared that the child could become a subject of investigation at that point a parent would be required to have a parent present.

Then we informed the principle that this would be the only time we told him to step aside (he was being a complete a$$). That if he didn't he would be taken into custody for obstruction. He told us he was going to call the person in charge of school security. I pulled out my phone, speed dialed that person, put him on speaker and explained what we were doing. He told the principle that he would be wise to listen to us if he didn't want to be led out of the school in cuffs. The principle stepped out of the doorway.

Long story short, when we talked to the child. We found out all sorts of interesting information about the father. He was a well known dealer who was out of jail on bond for drug distribution offenses. He also had an outstanding warrant for new drug distribution related offenses committed while on bond.

We left the school and went to the child's house where we found the father. We arrested him on the warrant. When we did he was in possession a kilo of powder cocaine, a ziploc sandwich bag with 30 something individually wrapped rocks of crack cocaine and 6 or 7 eightballs (1/8 oz) of black tar heroin.

I know I do not need to tell you how much I respect you. But if that was my kid, I'd be going completely berserk on you for not calling me in before you spoke to him/her.
And I know you well enough to be sure you understand.

but then again, my child would not have told the teacher what this child said.

Exactly

I shoulda caught that!
I even recall a teacher saying a way to remember the difference in this homonym...the school principal is your "pal"

So was Frank's teacher...

Live next to Utah. It is a predominate Mormon State. The Officer was wrong! Both by State and Federal laws. Illegal search & seizure. The nurse performed her duties.

Someone lives in Utah ... as a point of clear fact, approx. 3.1 million someones live there ...

Well, HERE's an interesting alternate theory . . .

https://www.youtube.com/watch?v=kqI_Xewjywg

What say ye, frankj1 ?
Are the Jews REALLY the "spawn of Satan' ?

The human body metabolizes alcohol at a fairly constant pace. Had the officer waited evidence of impaired driving could have been lost. The SCOTUS ruling that has been referenced that supposedly made it illegal to draw blood absent of a warrant or consent actally set forth circumstances where it still permissible to collect blood without a warrant or consent.

See post 46

LOL - that was hilarious.