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Title: Nurse screams for help as she is arrested for saying she can't draw blood from unconscious patient
Source: https://www.yahoo.com/news/nurse-screams-help-she-arrested-0
URL Source: https://www.yahoo.com/news/nurse-sc ... lp-she-arrested-093436094.html
Published: Sep 1, 2017
Author: Jon Sharman
Post Date: 2017-09-01 08:54:50 by XDMAR
Keywords: None
Views: 2753
Comments: 17

A nurse was allegedly assaulted and illegally arrested when she told a detective she could not take a blood sample from an unconscious patient.

Alex Wubbels told a police officer she could not take blood from the victim of a lorry crash because he could not consent, and the officer had produced no warrant.

Footage taken by University Hospital, in Salt Lake City, Utah, and Detective Jeff Payne's body camera show he threatened Ms Wubbels with jail if she did not comply, despite her having checked the policy with her bosses, the Salt Lake Tribune reported.

As Ms Wubbels, a former Winter Olympian, is dragged from the hospital to a police patrol car, she can be heard to scream: "Help! Help! Somebody help me! Stop! Stop! I did nothing wrong!"

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Begin Trace Mode for Comment # 16.

#1. To: XDMAR (#0)

University Hospital's policy states blood cannot be drawn from an unconscious patient unless they have been arrested, a warrant for the procedure is granted, or the patient consents, the Tribune reported.

Hmmm. What if the University Hospital's policy stated that blood can be drawn from an unconscious patient only if they feel like drawing it?

Still OK? Private policy trumps state law?

misterwhite  posted on  2017-09-01   9:11:50 ET  Reply   Untrace   Trace   Private Reply  


#2. To: misterwhite (#1)

University Hospital's policy states blood cannot be drawn from an unconscious patient unless they have been arrested, a warrant for the procedure is granted, or the patient consents, the Tribune reported.

What if the University Hospital's policy stated that blood can be drawn from an unconscious patient only if they feel like drawing it?

It doesn't state that, but don't let that stop you from making shit up as usual. The rules are specific.

Private policy trumps state law?

The guy wasn't under arrest and was not suspected of any wrongdoing. What right do the pigs have to demand a blood sample?

Deckard  posted on  2017-09-01   9:43:02 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Deckard (#2)

What right do the pigs have to demand a blood sample?

"By agreeing to have their driver’s license issued by the State of Utah, the driver has agreed to be subject to the implied consent law, which means that, if an officer requests that the driver do any sort of chemical test, including a blood draw, the driver has already implicitly consented to the test just by having a Utah license. In addition to a blood test, the officer can request a breath test or a urine test, or a test of any other fluids the officer wants."

misterwhite  posted on  2017-09-01   11:03:48 ET  Reply   Untrace   Trace   Private Reply  


#7. To: misterwhite (#4)

The nurse was quoting what appeared to be an agreement of policy between the police department and the hospital. She was attempting to do HER job.

And you feel that her arrest was justified. No you've not stated that, but that's what you will advocate, and that's "implied" by your refusal to state otherwise, which I know you will refuse to do, which is why I will get away with stating that you believe her arrest was warranted.

Now.... prove me wrong by condemning the cop's arrest of the nurse. I dare you.

Pinguinite  posted on  2017-09-01   11:41:45 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Pinguinite (#7)

The nurse was quoting what appeared to be an agreement of policy between the police department and the hospital.

An agreement of policy between the police department and the hospital? She was quoting the policy of the hospital -- which is in conflict with state law which reads that law enforcement CAN draw a blood sample. Which one should prevail, do you think?

"And you feel that her arrest was justified."

Yep. From another article: "His lieutenant ordered him to arrest Wubbels if she refused to let him draw a sample, according to the Tribune."

misterwhite  posted on  2017-09-01   12:02:15 ET  Reply   Untrace   Trace   Private Reply  


#11. To: misterwhite (#8)

An agreement of policy between the police department and the hospital? She was quoting the policy of the hospital -- which is in conflict with state law which reads that law enforcement CAN draw a blood sample. Which one should prevail, do you think?

Good question.

"And you feel that her arrest was justified."

Yep. From another article: "His lieutenant ordered him to arrest Wubbels if she refused to let him draw a sample, according to the Tribune."

Okay, let's assume state law trumped the policy/agreement between the police and hospital.

*IF* the nurse could be arrested for refusing to allow him to draw a sample, THEN it means that the cop didn't need her permission. IN WHICH CASE, there was no cause to arrest her for "refusing".

And she maintains she did not refuse anyway, that she was merely trying to explain the policy/agreement. And just because a cop's superior ordered the arrest, assuming that claim is true, it does not make the arrest warranted. All it does is add an additional new name to the list of defendants the lawsuit(s) that will be filed.

Care to list the charge(s) the nurse will face?

Damn, you are so stupid....

Pinguinite  posted on  2017-09-01   12:13:22 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Pinguinite (#11)

*IF* the nurse could be arrested for refusing to allow him to draw a sample, THEN it means that the cop didn't need her permission. IN WHICH CASE, there was no cause to arrest her for "refusing".

The cop wasn't asking for her permission. She refused to let him draw blood. So she was arrested for obstruction. And resisting arrest. And ignorance.

"And she maintains she did not refuse anyway, that she was merely trying to explain the policy/agreement"

No. She showed him the document to explain why she was refusing and put her supervisor on speaker to tell the cop why she was refusing. The cop asks her if she's refusing, she says yes, and he arrests her.

misterwhite  posted on  2017-09-01   12:30:25 ET  Reply   Untrace   Trace   Private Reply  


#13. To: misterwhite (#12)

So she was arrested for obstruction. And resisting arrest. And ignorance.

You say she was arrested for "resisting arrest" and "ignorance".

That's almost funny. She was arrested for doing her medical duties the best she knew how to do them. You claimed the cop arrested her because her supervisor told him to. Well she had the backing of her supervisor too. Perhaps you would claim the medical supervisor should have been arrested instead?

It's apparent to me from the cop's voice that his emotions are strained. And that is the reason for the arrest. He was angry.

I'll be interested in seeing lots more info on this case as it develops.

Pinguinite  posted on  2017-09-01   12:44:17 ET  Reply   Untrace   Trace   Private Reply  


#14. To: Pinguinite (#13)

Perhaps you would claim the medical supervisor should have been arrested instead?

Had he been there? Sure. Arrest them both. Obstruction.

"It's apparent to me to me to me from the cop's voice that his emotions are strained."

He sounded calm until she resisted arrest.

"She was arrested for doing her medical duties the best she knew how to do them."

Her medical duty does not include interfering with a law enforcement officer in the performance of his lawful duty.

misterwhite  posted on  2017-09-01   13:19:51 ET  Reply   Untrace   Trace   Private Reply  


#15. To: misterwhite (#14)

Her medical duty does not include interfering with a law enforcement officer in the performance of his lawful duty.

And yet, his duty does include interfering with her duty.

Riiiiiiiight......

Oh, and it wasn't his duty. Implied consent not law in Utah since 2007, according to one of the source articles.

Pinguinite  posted on  2017-09-01   13:39:52 ET  Reply   Untrace   Trace   Private Reply  


#16. To: Pinguinite (#15)

Oh, and it wasn't his duty. Implied consent not law in Utah since 2007, according to one of the source articles.

The source is wrong. I cited the actual law, which is current.

misterwhite  posted on  2017-09-01   13:44:14 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 16.

#17. To: misterwhite (#16)

The source is wrong. I cited the actual law, which is current.

I think a law could be on the books, and still be unenforceable due to unconstitutionality. While the courts can declare a law unconstitutional, not even the USSC can require any legislature to repeal any law that is declared such. It's a separation of powers thing.

Pinguinite  posted on  2017-09-01 23:40:22 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 16.

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