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  • Salt Lake City Nurse

    By now most of will have heard of the attempted arrest of the nurse in Salt Lake City who refused to do a blood draw. My question is this, why was the PD attempting to get a blood sample from a victim of a motor vehicle accident? Trying to deflect liability since they were pursuing the other vehicle? Or is there presumption of DUI in any MVA by all parties? Or some other reason?

  • #2
    I don't think he was the victim; i believe he was driving the car that struck and killed a truck driver.

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    • #3
      Originally posted by John Dee View Post
      I don't think he was the victim; i believe he was driving the car that struck and killed a truck driver.
      Pretty sure it was actually the guy who got hit.

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      • #4
        Any seriously injured likely to die or DOA accident is a blood draw.

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        • #5
          I don't know the whole story, but if the detective got a court order (ie. Warrant) for a blood draw (which is common of a detective is involved in a vehicle crash investigation with SPI or death and alcohol/drugs are suspect), and the nurse refuses the court order, she is in contempt and subject to arrest.

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          • #6
            Originally posted by Mrprovy View Post
            I don't know the whole story, but if the detective got a court order (ie. Warrant) for a blood draw (which is common of a detective is involved in a vehicle crash investigation with SPI or death and alcohol/drugs are suspect), and the nurse refuses the court order, she is in contempt and subject to arrest.
            There was no warrant.

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            • #7
              That's liberal NY law; in many states you give up your right to refuse (or necessitate a warrant) if you are suspected of driving while intoxicated by alcohol or drugs.

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              • #8
                In this State ...you are required to submit to a chemical test if you are stopped for a violation or involved in a collision ... even if no evidence of intoxication exists... without a warrant or probable cause NYS VTL 1194 http://ypdcrime.com/vt/article31.htm#t1194.

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                • #9
                  Originally posted by Mrprovy View Post
                  That's liberal NY law; in many states you give up your right to refuse (or necessitate a warrant) if you are suspected of driving while intoxicated by alcohol or drugs.
                  Those are all liberal laws in those many states. In North Korea you give up your right to refuse the moment you are born.

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                  • #10
                    Originally posted by crashguy View Post
                    In this State ...you are required to submit to a chemical test if you are stopped for a violation or involved in a collision ... even if no evidence of intoxication exists... without a warrant or probable cause NYS VTL 1194 http://ypdcrime.com/vt/article31.htm#t1194.
                    That may be what's written, but case law dictates that an individual has to consent or a warrant be issued in order for the results to be used against the defendant

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                    • #11
                      Originally posted by Mrprovy View Post

                      That may be what's written, but case law dictates that an individual has to consent or a warrant be issued in order for the results to be used against the defendant
                      I don't think my post implied anything contrary.... However.... in this case ..... we don't know at what point the driver became unconscious.....and we know hospitals draw blood and treat patience from unconscious people all the time without any kind of consent... He may have consented prior to arrival at the hospital... and we don't know if the driver was unconscious from an injury or because of the medical treatment or if they were bullshitting altogether and he was not unconscious at all and they just didn't want to draw blood...

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                      • #12
                        The man they wanted the sample from was a reserve officer involved in a head on collision with a fleeing suspect. Suspect died. Assume that's why they wanted a sample.

                        “Justice will not be served until those who are unaffected are as outraged as those who are." - Benjamin Franklin

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                        • #13
                          The Det. was trying to get blood from the victim. He had no court order or warrant or consent. He was working off a implied consent law that was deemed unconstitutional in 2016. He was dead wrong from the start and was informed multiple times. I'm one of the most pro cop guys but when someone fucks up I'll say it. This dude fucked up hard. He even documented the fuck up on his self activated body cam. He's also a paramedic who works the area, delivers patients to THAT hospital and wonders aloud how he'll be received and posits that if they dislike his actions he'll dump every indigent homeless patient he can find there to fuck with them(my paraphrasing, not his quote).

                          I've done DWI blood draws. been to court over them and I've never in 20 years seen anything like this. The nurse(with a hospital admin on the phone and staff present) lays out why they can't legally draw blood(no warrant, no consent, victim not under arrest). He was an ass to push it as far as he did. The manner in which he conducted himself is deplorable. His partner should have kept him in check. Dude needs to get fired, lose his job and pay her. I don't care what order it happens in. The Mayor has already apologized and both the arresting detective and his partner have been put on paid leave.


                          Whole video.
                          https://www.youtube.com/watch?v=hJPVglqR4yM

                          Shorter cut with the arrest.
                          https://www.liveleak.com/view?i=deb_1504223561

                          Statement from the SLC Mayor and Chief of Police

                          http://www.slcmayor.com/pressrelease...medical-center

                          Originally posted by sheeple View Post
                          The man they wanted the sample from was a reserve officer involved in a head on collision with a fleeing suspect. Suspect died. Assume that's why they wanted a sample.
                          Then either arrest him, get a warrant or get consent. That's the law.
                          When they kick out your front door
                          How you gonna come?
                          With your hands on your head
                          Or on the trigger of your gun?

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                          • #14
                            Originally posted by Sherm66 View Post
                            The Det. was trying to get blood from the victim. He had no court order or warrant or consent. He was working off a implied consent law that was deemed unconstitutional in 2016. He was dead wrong from the start and was informed multiple times. I'm one of the most pro cop guys but when someone fucks up I'll say it. This dude fucked up hard. He even documented the fuck up on his self activated body cam. He's also a paramedic who works the area, delivers patients to THAT hospital and wonders aloud how he'll be received and posits that if they dislike his actions he'll dump every indigent homeless patient he can find there to fuck with them(my paraphrasing, not his quote).

                            I've done DWI blood draws. been to court over them and I've never in 20 years seen anything like this. The nurse(with a hospital admin on the phone and staff present) lays out why they can't legally draw blood(no warrant, no consent, victim not under arrest). He was an ass to push it as far as he did. The manner in which he conducted himself is deplorable. His partner should have kept him in check. Dude needs to get fired, lose his job and pay her. I don't care what order it happens in. The Mayor has already apologized and both the arresting detective and his partner have been put on paid leave.


                            Whole video.
                            https://www.youtube.com/watch?v=hJPVglqR4yM

                            Shorter cut with the arrest.
                            https://www.liveleak.com/view?i=deb_1504223561

                            Statement from the SLC Mayor and Chief of Police

                            http://www.slcmayor.com/pressrelease...medical-center



                            Then either arrest him, get a warrant or get consent. That's the law.
                            Barring any missing additional information, I agree 100%.

                            And in ANY event, even if the nurse was somehow wrong, there was 10 different better ways to handle it. I think that Det. better jump on the sword and ask for leniency for a major screw-up rather than fight it.
                            No Better Friend, No Worse Enemy

                            - U.S. Marines

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