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Watching The Cops
See other Watching The Cops Articles

Title: Arrested Utah Nurse Had It Coming
Source: Saily Caller
URL Source: http://dailycaller.com/2017/09/04/arrested-utah-nurse-had-it-coming/
Published: Sep 4, 2017
Author: Gregg RE, Associate editor
Post Date: 2017-09-04 18:49:15 by misterwhite
Keywords: None
Views: 16011
Comments: 123

The near-universal outrage surrounding the arrest of Alex Wubbels, the Salt Lake City nurse who was arrested July 26 for refusing to let police officers draw blood from an unconscious crash victim, empowered Wubbels and her attorney to threaten legal action against the police on CNN’s “New Day” on Monday. At the very least, Wubbels says, she’d like to “re-educate” the police department on proper procedure.

Prospective students are advised to steer clear of Wubbels’ courses. Despite reams of inaccurate reporting on the incident, Wubbels was likely legally wrong to obstruct the police officer. The case is a much closer one than it appears.

In a widely-seen video documenting her arrest, Wubbels calmly tells a police officer, Jeff Payne, that hospital policy permits the police to draw blood from patients in only three instances: when the patient consents, when the patient is under arrest, or when the police officer has a warrant.

After a hospital administrator tells Payne he is making a “mistake” by insisting he has the right to obtain the blood, Payne arrests the nurse, who howls her way outside of the building and proceeds to put the “salt” in Salt Lake City.

The hospital’s policy does not have the force of law, even if the local police department agreed to its terms. And crucially, the policy overlooks a well-established exception to the warrant requirement: Police simply do not need a warrant if exigent circumstances justify an urgent search and seizure of evidence. The imminent loss of blood evidence, which would be useful in a drunk-driving case, qualifies as a potentially exigent circumstance.

A quick hypothetical. Let’s say you’re watching an unlikely UCLA comeback in the peace and quiet of your own home on the day before Labor Day, when suddenly your neighbor bursts through your front door with a pile of drugs in his hands. You hear police sirens in the background, and your neighbor says, “They’re coming for me!”

As your neighbor busies himself by tossing his cocaine into your toilet, the doorbell rings, and the police request to come inside. They’ve seen your neighbor running into your house with what they suspect are drugs.

“A-ha,” you say. “I have a policy. No police in my house without my consent, or a warrant, or unless I’m under arrest.”

The police would be justified in pushing you aside – even breaking your door down if necessary – to get to your bathroom. As long as a reasonable person would conclude that evidence is in imminent risk of destruction, the police can enter your home for the limited purpose of preventing that destruction.

If you actively impeded their access to the bathroom, you would likely find yourself at least temporarily detained. (Wubbels was only detained for approximately twenty minutes).

In its reporting of this incident, The New York Times falsely claimed that “the United States Supreme Court ruled that the police do not have the right to draw blood in drunk driving investigations without a warrant.”

But the case the Times cites, Missouri v. McNeely, does not stand for that proposition at all. The court explicitly held in McNeely that some drunk-driving cases could permit warrantless blood draws.

“When officers in drunk-driving investigations can reasonably obtain a warrant before having a blood sample drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so,” the Court wrote. “Circumstances may make obtaining a warrant impractical such that the alcohol’s dissipation will support an exigency, but that is a reason to decide each case on its facts….”

There are some more complicated questions at play here. The police are on far shakier ground if they demanded the nurse to draw blood for them, as opposed to the police drawing the blood themselves. But the video suggests that the police wanted to draw blood here.

“If she interferes in any way with me getting the blood drawn, she needs to be arrested,” an officer says early on in the video. And The Washington Post has reported that Payne is a trained police phlebotomist, meaning that he is sent to hospitals to collect blood from patients and check for illicit substances.

But the coverage of this incident has focused so much on outrage that outlets cannot agree on even this basic factual issue. CNN has reported that the nurse “refused to let police officers draw blood.” The New York Times reported that the nurse was arrested after “refusing to draw patient’s blood.” News outlets cannot even agree on who was going to draw the blood.

Officer Payne is now on paid administrative leave. The chief of the Salt Lake City police department has said he is “alarmed” and “sorry.” There is talk of lawsuits and criminal investigation. The mayor of Salt Lake City has called the arrest “completely unacceptable” and apologized.

These are moves are necessitated not by the law, but public relations. Wubbels says in the video that “you can’t put me under arrest.”

Unfortunately, and only because she is a sympathetic nurse up against a faceless Officer Payne in the YouTube era, she may have been right.

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Begin Trace Mode for Comment # 33.

#2. To: misterwhite (#0)

Author: Gregg RE, Associate editor

Are you altering your sources? Where did it say that he was an associate editor?

The page says "Gregg Re, Freelance Writer".

A quick look at his history shows that he used to post a lot of stories there but that this is his first story there since May 2013.

Tooconservative  posted on  2017-09-04   19:57:23 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Tooconservative (#2)

If you haven't already, you should read the comments. This dimwit is getting absolutely roasted.

kenh  posted on  2017-09-05   9:27:16 ET  Reply   Untrace   Trace   Private Reply  


#6. To: kenh (#5)

If you haven't already, you should read the comments. This dimwit is getting absolutely roasted.

I did read them as well as the comments at YouTube on their videos and a few other sites that covered this story. And I read a lot of them too.

I'd say that comments that support for the nurse and hate on the cops is about 1000:1. If even that.

This is one of those stories that starts out very small but quickly grows legs, really completely out of proportion to the incident itself. It has, as they say, struck a nerve.

Tooconservative  posted on  2017-09-05   9:42:09 ET  Reply   Untrace   Trace   Private Reply  


#8. To: All (#6)

A bit more on how the incident started from Fox13 in Salt Lake City.

. . .

According to the Logan Police Department, officers responded to 6200 South and Highway 89/91 in Wellsville after the deadly crash.

The crash occurred after Utah Highway Patrol received numerous 911 calls reporting an erratic driver, and troopers attempted a traffic stop on a black Chevrolet Silverado pickup truck.

The driver of the pickup truck fled from troopers, and during the ensuing pursuit the driver veered into the oncoming lanes and struck a semi-truck head on.

. . .

Tooconservative  posted on  2017-09-05   10:00:35 ET  Reply   Untrace   Trace   Private Reply  


#10. To: All, Pinguinite, misterwhite, Vicomte13, nolu chan, hondo68, A K A Stone, kenh (#8)

A bit more, quoting the WaPo article. Rotten Cop admits he and Logan PD have no probable cause to draw the victim's blood at all, an absolute requirement under Utah law. This escaped my notice when I watched earlier.

A 19-minute video from the body camera of a fellow officer shows the bitter argument that unfolded on the floor of the hospital’s burn unit. (Things get especially rough around the 6-minute mark).

A group of hospital officials, security guards and nurses are seen pacing nervously in the ward. Payne can be seen standing in a doorway, arms folded over his black polo shirt, waiting as hospital officials talk on the phone.

“So why don’t we just write a search warrant,” the officer wearing the body camera says to Payne.

“They don’t have PC,” Payne responds, using the abbreviation for probable cause, which police must have to get a warrant for search and seizure. He adds that he plans to arrest the nurse if she doesn’t allow him to draw blood. “I’ve never gone this far,” he says.

After several minutes, Wubbels shows Payne and the other officer a printout of the hospital’s policy on obtaining blood samples from patients. With her supervisor on speakerphone, she calmly tells them they can’t proceed unless they have a warrant or patient consent, or if the patient is under arrest.

“The patient can’t consent, he’s told me repeatedly that he doesn’t have a warrant, and the patient is not under arrest,” she says. “So I’m just trying to do what I’m supposed to do, that’s all.”

“So I take it without those in place, I’m not going to get blood,” Payne says.

Wubbels’s supervisor chimes in on the speakerphone. “Why are you blaming the messenger,” he asks Payne.

“She’s the one that has told me no,” the officer responds.

“Sir, you’re making a huge mistake because you’re threatening a nurse,” Wubbels’s supervisor says over the phone.

At that point, Payne seems to lose it.

He paces toward the nurse and tries to swat the phone out of her hand. “We’re done here,” he yells. He grabs Wubbels by the arms and shoves her through the automatic doors outside the building.

This appears to be a case of a conspiracy by UHP, Logan PD, and SLCUPD to knowingly deprive a crime victim of his constitutional rights. There will be big lawsuits filed against all three organizations.

Tooconservative  posted on  2017-09-05   10:32:13 ET  Reply   Untrace   Trace   Private Reply  


#15. To: Tooconservative (#10)

A bit more, quoting the WaPo article. Rotten Cop admits he and Logan PD have no probable cause to draw the victim's blood at all, an absolute requirement under Utah law.

41-6a-522. Person incapable of refusal.

Any person who is dead, unconscious, or in any other condition rendering the person incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the consent provided for in Subsection 41-6a-5 520(1), and the test or tests may be administered whether the person has been arrested or not.

https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S522.html

Pesky facts.

misterwhite  posted on  2017-09-05   10:56:03 ET  Reply   Untrace   Trace   Private Reply  


#21. To: misterwhite (#15)

https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S522.html

Pesky facts.

Implied consent and probably cause are two different animals.

The former does not come into operation until the latter is determined to exist.

randge  posted on  2017-09-05   11:15:57 ET  Reply   Untrace   Trace   Private Reply  


#26. To: randge (#21)

Implied consent and probably cause are two different animals.

Probable cause? Why probable cause? Why not reasonable suspicion? Preponderance of the evidence?

And good luck finding those things from a dead man. Yet Utah law states that a blood draw may be done on a dead man. How can that be?

misterwhite  posted on  2017-09-05   11:25:27 ET  Reply   Untrace   Trace   Private Reply  


#31. To: misterwhite (#26)

Probable cause nor reasonable suspicion.

Either way you try to run it, this was a fishing expedition.

randge  posted on  2017-09-05   11:46:30 ET  Reply   Untrace   Trace   Private Reply  


#33. To: randge (#31)

Either way you try to run it, this was a fishing expedition.

You don't know that. As I said before, it could be as simple as departmental policy requiring blood draws of all drivers involved in a fatal accident.

Which I happen to agree with, since it then goes into the record and can be used in future litigation.

misterwhite  posted on  2017-09-05   11:51:21 ET  Reply   Untrace   Trace   Private Reply  


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