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Yes, it appears the request was a violation of the victims civil rights.
It would seem to me that the drawing of blood from an unconscious person would amount to an illegal search and seizure. Shouldn't the cop at the least have needed a warrant for this?
It would seem to me that the drawing of blood from an unconscious person would amount to an illegal search and seizure. Shouldn't the cop at the least have needed a warrant for this?
Seems he either needed to arrest the victim or have a warrant. He admitted he had not arrested the victim or have a warrant. He simply was not going to allow someone tell him no, right or wrong.
Payne cited the “implied consent law” - which Porter said had changed in 2007 - and said he had been advised by the watch commander on duty to arrest Wubbels if she did not cooperate, according to the detective’s written report cited by the Salt Lake Tribune.
If true, the cop is cleared.
Having a CDL means you give up certain privileges. Truck drivers can be pulled over and inspected at any time, for no reason. Truck drivers cannot refuse to submit blood samples, and cannot refuse to be drug tested.
Ordinary driver may have a case but not someone with a class A CDL.
If true, the cop is cleared.
Having a CDL means you give up certain privileges. Truck drivers can be pulled over and inspected at any time, for no reason. Truck drivers cannot refuse to submit blood samples, and cannot refuse to be drug tested.
Ordinary driver may have a case but not someone with a class A CDL.
Did you not fully read the quote you posted, or the entire thread?
This implied consent law was changed in 2007 so it's no longer applicable, and supreme court in 2016 stated that involuntary blood withdrawal as unconstitutional.
Did you not fully read the quote you posted, or the entire thread?
This implied consent law was changed in 2007 so it's no longer applicable, and supreme court in 2016 stated that involuntary blood withdrawal as unconstitutional.
If true, the cop is cleared.
Having a CDL means you give up certain privileges. Truck drivers can be pulled over and inspected at any time, for no reason. Truck drivers cannot refuse to submit blood samples, and cannot refuse to be drug tested.
Ordinary driver may have a case but not someone with a class A CDL.
This has been covered quite a few times in this thread. No, the government can not force truck drivers to give their blood simply because they want them to. There has to be a cause. There is none here.
You do not give up your rights by becoming a truck driver.
If true, the cop is cleared.
Having a CDL means you give up certain privileges. Truck drivers can be pulled over and inspected at any time, for no reason. Truck drivers cannot refuse to submit blood samples, and cannot refuse to be drug tested.
Ordinary driver may have a case but not someone with a class A CDL.
Except...he was unconscious...and unable to consent..or refuse. The nurse was right...both by statute...and ethically.
The cop is not 'cleared'....and both he and the department are probably going to have to pay the nurse.
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