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Unbelievable the experts on this forum blindly siding with the cop, making stuff up and ignoring the law including Supreme Court decision on involuntary blood draws.
Did some of you not read the article before posting? The attorney representing the nurse said the cop cited a law that had changed in 2007, so he was citing a law to justify getting the blood sample that was no longer law.
In addition, the supervisor told the cop he was making a huge mistake and per hospital policy they were not allowed to do as he asked.
Excusing the abuse of power by cops (or anyone) is what allows them to continue abusing their power. Why do you insist on being part of the problem?
Actually it may be law to retrieve blood results from a driver from a crash/injury/death accident. The nurse is probably guilty of obstructing\similar charge
Do a little more research to make sure you're right
If you read the entire article and the one in the Salt Lake paper, the Implied Consent law that the police were citing was changed in 2007 and the US Supreme Court ruled in 2016 that it was illegal to do what the police wanted her to do. The police of all people should know what the law is, yet apparently they didn't. Had she done it, she could have lost her nursing license and the hospital would have faced a massive lawsuit from the patient and sanctions from the regulatory agencies. The hospital lawyers weren't just diddling around when they made that policy. They knew the law.
I hope the woman sues them and seeks charges of unlawful arrest against that cop.
Actually it may be law to retrieve blood results from a driver from a crash/injury/death accident. The nurse is probably guilty of obstructing\similar charge
Do a little more research to make sure you're right
Sounds like the hospital administration was keeping abreast of changes in the law while the police department was not. Interesting. I feel for the nurse, and I'm glad she was released shortly thereafter without further incident. Being caught between your job and a burly, short-tempered guy with a gun on his belt is an uncomfortable place to be. Good for her for calmly and respectfully standing her ground!
The Nurse Practice Act allows all nurses to refuse to perform acts which would be a violation of their conscience and to request another nurse or doctor to perform it.
The Nurse Practice Act allows all nurses to refuse to perform acts which would be a violation of their conscience and to request another nurse or doctor to perform it.
I do not know what the law is but I have a hard time believing it allows the police to take blood from someone not suspected of doing anything at all wrong. Sounds like the guy was an innocent victim and the police were looking for an excuse to deflect any future lawsuits because of their participation in the chase that led up to the crash.
Whatever the law is, they should NOT be able to access this guys blood and even if they can with a warrant, I would not grant one as a judge.
Yup, I think this is the case as well.
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