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Thread: Police Officer arrests Nurse.

  1. #21
    Doris Day meets Lady Gaga Bann's Avatar
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    Quote Originally Posted by officeguy View Post

    No warrant necessary under 'implied consent'. Either way, if a nurse gets lippy or doesn't want to do what you want her to do, you get the hospitals administrator on duty (AoD) to sort out the details, you don't assault her. Guy is a jerk and should be fired.
    If "a nurse gets lippy".

    A nurse is doing her job. Her job is to protect the rights of AND ADVOCATE for her patient.

    We should all think about that statement. She was doing her job.

  2. #22
    Quote Originally Posted by Ken King View Post
    And at what point was "this driver" placed under arrest or even suspected of a crime?
    He operated a motor vehicle, the 'implied consent' law cited above does not require an arrest. When a cop can ask for a test is governed by agency protocol, involvement in a fatal motor vehicle crash can be a reason to require a chemical test (even if the 'involvement' at first glance is as the victim of the crash).

    You have very few rights once you get behind the wheel of a motor vehicle, even less if like the truck-driver you have a CDL.

    In the end, Salt Lake PD is going to have to eat this. The detective and his LT are going to see discipline and the nurse will walk away with a nice chunk of money.
    Last edited by officeguy; 09-03-2017 at 01:13 PM.

  3. #23
    Quote Originally Posted by Bann View Post
    If "a nurse gets lippy".

    A nurse is doing her job. Her job is to protect the rights of AND ADVOCATE for her patient.

    We should all think about that statement. She was doing her job.
    Well, maybe.

    In my experience, nurses like to cite 'policy' whenever they try to not do something or keep you from doing something. If you ask them to show you said 'policy' it often gets very quiet. In this case, hospital policy would not trump state law. There is a good argument that the state law is not in keeping with the supreme court decision King quoted earlier, but that would have been something for the truckdriver to litigate (either for the unlawful assault for a medically not warranted blood draw or to supress the results if the state tried to move against him based on the results), not a decision up to the frontline nurse.

  4. #24
    Oldtimer Ken King's Avatar
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    Quote Originally Posted by officeguy View Post
    He operated a motor vehicle, the 'implied consent' law cited above does not require an arrest. When a cop can ask for a test is governed by agency protocol, involvement in a fatal motor vehicle crash can be a reason to require a chemical test (even if the 'involvement' at first glance is as the victim of the crash).

    You have very few rights once you get behind the wheel of a motor vehicle, even less if like the truck-driver you have a CDL.

    In the end, Salt Lake PD is going to have to eat this. The detective and his LT are going to see discipline and the nurse will walk away with a nice chunk of money.
    And that law cited above appears to run afoul of the SCOTUS decision on the matter as there was no obvious exigency, the detective even made the BS claim as he was doing it to protect Gray's rights. So, when you have a state law and a SCOTUS decision that is counter to the law, which carries precedent? And if it was so damn critical to know why didn't the detective (also a police phlebotomist) draw the blood himself?

  5. #25
    Registered User PeoplesElbow's Avatar
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    The blood draw in itself is stupid because it is clear from the video that the truck driver did nothing to cause the accident other that occupying space. The police chasing the guy in the pickup are more to blame for this than the truck driver that was minding his own business. If a blood draw was demanded of the perusing police I bet they would have objected.
    If what I say offends you then you really don't want to hear what I keep to myself.

  6. #26
    Doris Day meets Lady Gaga Bann's Avatar
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    Quote Originally Posted by officeguy View Post
    Well, maybe.

    In my experience, nurses like to cite 'policy' whenever they try to not do something or keep you from doing something. If you ask them to show you said 'policy' it often gets very quiet. In this case, hospital policy would not trump state law. There is a good argument that the state law is not in keeping with the supreme court decision King quoted earlier, but that would have been something for the truckdriver to litigate (either for the unlawful assault for a medically not warranted blood draw or to supress the results if the state tried to move against him based on the results), not a decision up to the frontline nurse.
    You don't get to decide why a nurse wants to protect her patient's rights and be their advocate.

    It's what they're supposed to do. They take an oath.

  7. #27
    INGSOC GURPS's Avatar
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    Quote Originally Posted by officeguy View Post
    Looks like cop got an authority trip which will now cost him his career.


    New Mexico man settles for $1.6M after he was anally probed 8 times during traffic stop


    Eckert was kept against his will for 14 hours as police and the doctors forced him to undergo the painful and embarrassing, treatments.

    "This is like something out of a science fiction movie — anal probing by government officials and public employees," Eckert’s attorney, Shannon Kennedy, said shortly after the suit was filed in November.

    Among the violations was the fact that the search warrant for the exams was valid only in Luna County, but he was taken to Grant County after emergency room doctors first refused to do the exams on ethical grounds. He was also denied the right to make a phone call from the police station.

    “It was medically unethical and unconstitutional,” Kennedy told The Associated Press. “He feels relieved that this part is over and believes this litigation might make sure this doesn’t happen to anyone else.”
    Weíre tempted to suggest a conspiracy here ó but itís just liberals agreeing yet again that conservatives have hidden, evil motives, because modern liberals simply canít conceive of any other reason to disagree with the liberal consensus.

  8. #28
    Quote Originally Posted by Ken King View Post
    And that law cited above appears to run afoul of the SCOTUS decision on the matter as there was no obvious exigency, the detective even made the BS claim as he was doing it to protect Gray's rights. So, when you have a state law and a SCOTUS decision that is counter to the law, which carries precedent? And if it was so damn critical to know why didn't the detective (also a police phlebotomist) draw the blood himself?
    The scotus decision points out that in a situation with an unconscious driver or an exigency situation different standard applies. They just said that in the three cases before the court the government didn't make a compelling case that they could demand this without a warrant ans under the threat of prosecution.

  9. #29
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    Quote Originally Posted by GURPS View Post
    New Mexico man settles for $1.6M after he was anally probed 8 times during traffic stop


    Eckert was kept against his will for 14 hours as police and the doctors forced him to undergo the painful and embarrassing, treatments.

    "This is like something out of a science fiction movie — anal probing by government officials and public employees," Eckert’s attorney, Shannon Kennedy, said shortly after the suit was filed in November.

    Among the violations was the fact that the search warrant for the exams was valid only in Luna County, but he was taken to Grant County after emergency room doctors first refused to do the exams on ethical grounds. He was also denied the right to make a phone call from the police station.

    “It was medically unethical and unconstitutional,” Kennedy told The Associated Press. “He feels relieved that this part is over and believes this litigation might make sure this doesn’t happen to anyone else.”
    He should have gotten more.

  10. #30
    Quote Originally Posted by Hijinx View Post
    He should have gotten more.
    200 grand per probe..... That's some high end anal...
    Originally Posted by littlelady View Post
    I just reported you. You are one scary individual.

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