Police Officer arrests Nurse.

[vraiblonde]

What made it an unlawful arrest??

No cause. Cops can't just grab you and arrest you for no reason.

 

[GURPS]

Though Gray wasn't suspected of wrongdoing, officers routinely test everyone involved in serious accidents to make sure they've investigated every aspect of the crash, Jensen said.

[from your article]



sounds like a fishing expedition

 

[black dog]

Exactly, had the semi driver been under the influence it would have been spun to look like he was at fault for the crash that happened during a high speed chase,
that in most cases should be avoided.

 

[black dog]

Oh no.... A Commander is put on leave...

http://tribunist.com/news/police-co...aw-blood-also-suspended-video/?utm_source=GSL

 

[itsbob]

It's been proven. Already. You proved our point. You used a state DUI law to back your claim that someone NOT suspected of DUI or reckless driving (i.e. no probable cause) is subject to a blood draw. That's simply not true and goes against the SCOTUS decision Missouri v. McNeely. Are you arguing that state law prempts SCOTUS decisions?

Having probable cause is the basis behind a TON of police activity. How do you not know this?

You need to continue your reading assignment.. the SCOTUS decision did NOT preclude police and their agents taking samples from people incapable of refusal (ie being unconscious)

And I would say a FATALITY is probable cause in it's own right.

 

[itsbob]

No cause. Cops can't just grab you and arrest you for no reason.

Whether our Monday Morning Quarterbacking reveals to us whether he had a legit reason to arrest her or not.. our opinions after the fact does not make in an unlawful arrest.

What part of, "You're under arrest!" and screaming and running away don't you understand??

I'm sure people get arrested everyday that aren't "legit", but at the time of the event you comply and do what you're told.. Not scream like a child and throw a tantrum... Or do you think that helps?? Screaming and being belligerent will get the cop to say.. oh wait, never mind, you're free to go.

 

[black dog]

You need to continue your reading assignment.. the SCOTUS decision did NOT preclude police and their agents taking samples from people incapable of refusal (ie being unconscious)

And I would say a FATALITY is probable cause in it's own right.

But yet Bob, the Chief of Police where the accident happened doesn't think so..
And if the cops that arrested the good nurse were right why also did the Commander who made the decision to arrest the nurse get put on paid leave while the investigation goes on...
I think it's you Bob, that needs to continue his reading assignment..

 

[itsbob]

I think it's sad that Officer Payne has committed 30 years of his life to his City, as a Paramedic, as a cop, you name it..

AND even if you believe he screwed up (She didn't die!) I find it reprehensible that his Chain of Command threw him to the wolves instead of supported him.

They could have come out and said.. "OK, he screwed up, but he's a good officer and we're going to continue to support him and the good work he does"

 

[black dog]

Whether our Monday Morning Quarterbacking reveals to us whether he had a legit reason to arrest her or not.. our opinions after the fact does not make in an unlawful arrest.

What part of, "You're under arrest!" and screaming and running away don't you understand??

I'm sure people get arrested everyday that aren't "legit", but at the time of the event you comply and do what you're told.. Not scream like a child and throw a tantrum... Or do you think that helps?? Screaming and being belligerent will get the cop to say.. oh wait, never mind, you're free to go.

Did somehow you miss the part where 20 minutes later that's exactly what happened?

 

[glhs837]

Whether our Monday Morning Quarterbacking reveals to us whether he had a legit reason to arrest her or not.. our opinions after the fact does not make in an unlawful arrest.

What part of, "You're under arrest!" and screaming and running away don't you understand??

I'm sure people get arrested everyday that aren't "legit", but at the time of the event you comply and do what you're told.. Not scream like a child and throw a tantrum... Or do you think that helps?? Screaming and being belligerent will get the cop to say.. oh wait, never mind, you're free to go.

So the guidance is "If people accept a thing mostly, it's legal"? Pretty low bar.

 

[itsbob]

But yet Bob, the Chief of Police where the accident happened doesn't think so..
And if the cops that arrested the good nurse were right why also did the Commander who made the decision to arrest the nurse get put on paid leave while the investigation goes on...
I think it's you Bob, that needs to continue his reading assignment..

No, I think the mayor, his chain of command need to understand their officer is a human.. and the rest of us really need to put what happened into persepctive

IN the end nobody got hurt.. nobody died.. no unarmed miscreant was shot.

A Nurse got embarrassed.. Big F'n Deal..


Everybody wanted to crucify the cop... why??? Because he's a cop? Before knowing nothing about him, about the situation.. grab your pitchforks..


In the scheme of things.. watching the video.. who was actually harmed? Anybody??

GTF over it, and let him get back to work.

 

[itsbob]

So the guidance is "If people accept a thing mostly, it's legal"? Pretty low bar.

Not what I'm saying.. and I'm sorry my meaning was lost. Next time I'll write it in English so you'll better understand.


For example.. You get stopped for DUI.. You KNOW you haven't been drinking, there is ZERO alcohol in your system..

And the cop says, I'm arresting you for DUI.

Is that an unlawful arrest because YOU know you haven't been drinking.. and being in your mind an unlawful arrest, that gives you the right to resist??

Since you KNOW you didn't have anything to drink, he asks you to turn around, you can run away into the night.. pull away from.. scream at the top of your lungs??

The Nurse isn't a Judge or a Lawyer so how does she know at that time, that she is being arrested unlawfully?? That she has the right to resist, and fight back?? Like the cops themselves say(at the time of the incident), if they are wrong it can be resolved civilly after the fact

 

[itsbob]

Did somehow you miss the part where 20 minutes later that's exactly what happened?

SO they never put the cuffs on her, and actually arrested her??

Not what I got from the video.

 

[Chris0nllyn]

You need to continue your reading assignment.. the SCOTUS decision did NOT preclude police and their agents taking samples from people incapable of refusal (ie being unconscious)

And I would say a FATALITY is probable cause in it's own right.

I think you simply don't understand the facts of the story.

Police were chasing a car. Car hits driver of truck. Driver is unconscience, and given pain meds. Police (one "trained" in blood draw) show up, without a warrant, without probable cause, and without any reason to draw his blood based on hospital policy that the police agreed to well prior. The driver of the truck was the victim, and the police wanted to test his impairement.

Your contention is the cops were simply looking out for the guy and wanted to take his blood in order to be his lawyer? In reality, the guy had pain killers in his system (a point the nurse mentioned to them) and the blood test most certainly would NOT have come up clean.

Nowhere have I said the SCOTUS decision does that. The SCOTUS decision said they need to have probable cause the person comitted a crime. A reasonable, articulable suspicion that this man committed a crime. As the victim of an accident, what crime do you believe this driver committed? A blood draw in order to find an essentiqally post ex facto crime is in no way, shape, or form, legally admissable in the courts of this country.

I think it's sad that Officer Payne has committed 30 years of his life to his City, as a Paramedic, as a cop, you name it..

AND even if you believe he screwed up (She didn't die!) I find it reprehensible that his Chain of Command threw him to the wolves instead of supported him.

They could have come out and said.. "OK, he screwed up, but he's a good officer and we're going to continue to support him and the good work he does"

I think it's sad that someonwe with that much time on the force, and that much time trained in phlebotomy, doesn't know the law.

I think it's sad the commanding officer and this officer (who likely have well over 40 years combined experience) felt the need to try and bully their way to get a blood draw. His chain of command is just as much at fault as he is.

Actions that egregious warrant some real punishment, but lets not kid ourselves. The police union is one of the most powerful in the nation and have shown time and time again they are able to minimize that punishment to essentially a slap on the wrist.

 

[Chris0nllyn]

Everybody wanted to crucify the cop... why??? Because he's a cop? Before knowing nothing about him, about the situation.. grab your pitchforks..

Because as someone witht the power of that officer, making mistakes like this should be inexcusable. This is a blatant violation of everything this country stands for in terms of privacy rights and I'm certainly not about to believe that this is an isolated incident for both Payne and his Lt.

Harming someone should NOT be the litmus test for issuing judgement or punishment to govt. actors.

 

[Chris0nllyn]

SO they never put the cuffs on her, and actually arrested her??

Not what I got from the video.

You missed the bolded portion, to which Blackdog was replying.

"Screaming and being belligerent will get the cop to say.. oh wait, never mind, you're free to go." That's what happened, no?

Watch the video I posted. Read the link BD posted. They talk about it. They know they don't have PC and know whatever charges they tried to drum up on her were not going to stick.

 

[glhs837]

No, I think the mayor, his chain of command need to understand their officer is a human.. and the rest of us really need to put what happened into persepctive

IN the end nobody got hurt.. nobody died.. no unarmed miscreant was shot.

A Nurse got embarrassed.. Big F'n Deal..


Everybody wanted to crucify the cop... why??? Because he's a cop? Before knowing nothing about him, about the situation.. grab your pitchforks..


In the scheme of things.. watching the video.. who was actually harmed? Anybody??

GTF over it, and let him get back to work.

Crucify? Nope. Acknowledge that what he and his supervisor did was wrong and take steps to prevent it from happening again, yes. The outrage comes form the causal assumption by the officers that they can bully and use illegal means to get what they view as the job done. People in general are getting a bit tired of the Us vs Them mindset that seems to drive some officers to act like this towards everyone who isn't a cop but who is viewed as being in the officers way. And more importantly, people are tired of departments and municipalities choosing to back obviously wrong officers to the hilt and use the weight of govt to squash citizens who disagree. IIRC, that was the only reason this video was ever made public, was that the department blew her off and refused to even acknowledge that the officer and his supervisor had done a wrong thing.

 

[glhs837]

Not what I'm saying.. and I'm sorry my meaning was lost. Next time I'll write it in English so you'll better understand.


For example.. You get stopped for DUI.. You KNOW you haven't been drinking, there is ZERO alcohol in your system..

And the cop says, I'm arresting you for DUI.

Is that an unlawful arrest because YOU know you haven't been drinking.. and being in your mind an unlawful arrest, that gives you the right to resist??

Since you KNOW you didn't have anything to drink, he asks you to turn around, you can run away into the night.. pull away from.. scream at the top of your lungs??

The Nurse isn't a Judge or a Lawyer so how does she know at that time, that she is being arrested unlawfully?? That she has the right to resist, and fight back?? Like the cops themselves say(at the time of the incident), if they are wrong it can be resolved civilly after the fact

No need to be insulting Bob. And not the same situation, but here goes. So, why is the officer arresting me? Did I fail some test? I've never seen an arrest video where the officer doesn't inform the citizen what they are being arrested for. If I passed all the sobriety tests and he still says he's arresting me, I would insist that he call his supervisor to come explain to me why I'm still being arrested. Would I fight, no, but that does mean I don't have the legal right to do so. A right not exercised doesn't erase that right.

 

[Chris0nllyn]

Not what I'm saying.. and I'm sorry my meaning was lost. Next time I'll write it in English so you'll better understand.


For example.. You get stopped for DUI.. You KNOW you haven't been drinking, there is ZERO alcohol in your system..

And the cop says, I'm arresting you for DUI.

Is that an unlawful arrest because YOU know you haven't been drinking.. and being in your mind an unlawful arrest, that gives you the right to resist??

Since you KNOW you didn't have anything to drink, he asks you to turn around, you can run away into the night.. pull away from.. scream at the top of your lungs??

The Nurse isn't a Judge or a Lawyer so how does she know at that time, that she is being arrested unlawfully?? That she has the right to resist, and fight back?? Like the cops themselves say(at the time of the incident), if they are wrong it can be resolved civilly after the fact

In that case, the officer has some sort of probable cause to believe you're impaired. Right or wrong, the officer believed you're impaired. Your example isn't out of the ordinary though. I urge you to take a look at this thread which shows similar instances.
http://forums.somd.com/threads/320732-GA-police-drug-recognition-experts?highlight=drug+expert

Difference in this case is, the officer admitted he didn't have any PC.

Regardless, I hate this idea that the courts must solve any case where the officer is wrong. Court time is paid or OT for the officer, but your idea that a citizens should be forced to hire a lawyer, take time off work, and defend themselves through court systems that lean to the word of the officer is just silly. Why shouldn't we expect our public servants be more informed and make better decisions based on actual law, and not their emotions?

 

[Hijinx]

In that case, the officer has some sort of probable cause to believe you're impaired. Right or wrong, the officer believed you're impaired. Your example isn't out of the ordinary though. I urge you to take a look at this thread which shows similar instances.
http://forums.somd.com/threads/320732-GA-police-drug-recognition-experts?highlight=drug+expert

Difference in this case is, the officer admitted he didn't have any PC.

Regardless, I hate this idea that the courts must solve any case where the officer is wrong. Court time is paid or OT for the officer, but your idea that a citizens should be forced to hire a lawyer, take time off work, and defend themselves through court systems that lean to the word of the officer is just silly. Why shouldn't we expect our public servants be more informed and make better decisions based on actual law, and not their emotions?

What that cop need is a good can of whoop ass opened on him. He is a pure dee ass-----hole.