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Old 09-01-17, 07:36 AM   #5
Aktungbby
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In Minnesota at least: '(2) a physician, nurse, or other person providing health care services in a hospital emergency department' has 'peace officer status' as well as the police. I can't determine if Utah law has the same designation for its medical care personnel. A bit of a pissing contest over involved authority imho; The patient in question was an off-duty reserve-officer involved in a police chase related collision driving his truck. The blood draw was to be to his benefit not against him in a liability sense.
Quote:
said “implied consent” has not been the law in Utah since 2007, and the U.S. Supreme Court ruled in 2016 that the Constitution permits warrantless breath tests in drunken-driving arrests, but not warrantless blood tests. She stressed that the patient was always considered the victim in the case and never was suspected of wrongdoing.
Both the officer and nurse consulted with their respective supervisors/ watch commanders( who actually advised the arrest for interfering) and acted according to superior's decisions. All points go toward the scrupulous nurse's favor here. Forcing a person wrongfully into the vehicle is kidnapping imho. Officer Payne is also in trouble for his on video remark about 'bringing 'good' patients elsewhere and 'the transients' to this facility' in the news report-implying less than equal treatment based on perceived economic status??!!
http://www.sltrib.com/news/2017/08/31/utah-nurse-arrested-after-complying-with-hospital-policy-that-bars-taking-blood-from-unconscious-victim/
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Last edited by Aktungbby; 09-01-17 at 07:51 AM.
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