Nurse In Utah Gets Arrested For Doing Her Job

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  • sliguns

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    To be clear: I think the arrest was unjustified.

    But resisting a LEO that "thinks" he's justified in arresting you could go sideways quickly. I will always just comply then sort it out after.

    However the kicking and screaming will surely get her a bigger pay day lol.

    +1

    I also err on the side of Self-preservation lol...but perhaps I do need to **** myself from getting tased to win a motorcycle at taxpayer expense...decisions decisions
     

    cyclone1970

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    She also pulled her hands away and started backing away from the officer. Had she complied the arrest may have gone much quieter "also that was not an aggressive take down lol".

    I will agree with you that an arrest can certainly be more violent than the one we saw on the camera clip. The deputy didn’t beat her with a baton until she was unconscious nor use a Taser on her until her eyes bugged out, but on the other hand it, it could have been a lot less violent too.

    Since we are playing the what if game: What if the deputy, out of the blue, did not say we’re done here, grab the nurse and shove her out of the hospital, doing so in a personal angry manner? One should note that she did not call him a dumb cop or something like that before he attacked her.

    What if the deputy had acted in a professional manner, free of anger, and calmly said “It has come to the point where I must arrest you for obstruction of justice. Please turn around and put your hands behind your back” handcuffed her and then calmly lead her to his car with his hand on her arm. Had he arrested her in this manner, the arrest may have gone much quieter, lol.

    Though I was not the arresting agent I have been a part of a number of arrests done in this manner, prior to my retirement, and most were quiet.
     

    thperez1972

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    It appears we find ourselves in the same situation.

    Yes...it appears we are. I can't explain how I missed part 3. I think I was quickly skimming, saw part 2, and must have stopped. That certainly limits any justification he could have had for the blood draw. Although it makes me wonder, is reasonable cause somewhere between reasonable suspicion and probable cause?

    And whether justified or not, his actions were certainly over the top. I believe he was unable to remove his emotions from his actions. I also see his supervisor has been suspended. I cannot find the article now but I remember reading something about the cop's supervisor telling the cop he could arrest the nurse if she didn't allow him to draw blood. Ultimately, the cop is responsible for the cop's actions but I think the police department should explain the reasoning, even if faulty, for the cop's decision.
     

    thperez1972

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    Go back and read it again. The ruling has nothing to do with who can be or can not be criminally punished for not submiting to a blood test. The ruling deals with the what is legal and what is not legal when it comes to drawing blood samples. And yes, the Supreme Court ruling does most definitely apply in this case! Where did you say you got your jurist doctorate from? :rolleyes:

    Did you go back and read the ruling again to see where it does not apply to this incident? Here's an article with a pretty good summary that may help you understand the ruling a little better.

    http://www.sltrib.com/opinion/comme...d-nurse-was-wrong-but-the-law-is-complicated/
     

    Firearmfanatic

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    Gator 45/70

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    PPBart

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    One of the later developments is of interest: the hospital has now banned LEO's from direct contact with nursing staff (and others?). Just how will that play out with the local PD?
     

    sliguns

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    One of the later developments is of interest: the hospital has now banned LEO's from direct contact with nursing staff (and others?). Just how will that play out with the local PD?

    Can't really blame the hospital, they are in a tough spot and are reacting to the circumstances they've been dealt....maybe there's something the local PD can do to build back trust with the Hospital....like maybe holding all of the officers there that day accountable, including the captain/supervisor who continued to give the order to officer payne...a paid vacation and ruling that they've investigated themselves and found nothing wrong, won't do it. Additionally, maybe there are other good faith actions they can take to build trust...sad day when a policy like this is enacted.
     

    sliguns

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    Yes...it appears we are. I can't explain how I missed part 3. I think I was quickly skimming, saw part 2, and must have stopped. That certainly limits any justification he could have had for the blood draw. Although it makes me wonder, is reasonable cause somewhere between reasonable suspicion and probable cause?

    And whether justified or not, his actions were certainly over the top. I believe he was unable to remove his emotions from his actions. I also see his supervisor has been suspended. I cannot find the article now but I remember reading something about the cop's supervisor telling the cop he could arrest the nurse if she didn't allow him to draw blood. Ultimately, the cop is responsible for the cop's actions but I think the police department should explain the reasoning, even if faulty, for the cop's decision.

    +1

    The officer would have had a better case if he would have said he had suspected foul play on the trucker's part, instead of saying the exact opposite thing.
     

    AustinBR

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    One of the later developments is of interest: the hospital has now banned LEO's from direct contact with nursing staff (and others?). Just how will that play out with the local PD?

    Can a hospital actually ban a LEO who is on duty performing a civil duty?
     

    Deerslayer440

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    Can a hospital actually ban a LEO who is on duty performing a civil duty?

    From what I gather about the La laws regarding this case is
    The hospital is a private owned biz,just like any other.

    So I would say yes,they can ban whoever they please.
    And they should be able too.Those people are saving lives.
    They should not have to take time out of their day to explain
    to leo what the laws are and what they can and cant do.

    Maybe train the LEO to know what the laws are regarding
    private biz's such as a hospital.

    How would you feel austin if your wife was laying in hospital
    and because an ignorant LEO has no clue about wtf he is
    talking about or asking,your wife falls out of bed because she
    is trying to push the call button and dies with head injury.
    All because a nurse was being detained for information.

    Do you still want LEO in the hospital to act crazy with the
    staff.I'm betting ,NOT!!!!
     

    MOTOR51

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    From what I gather about the La laws regarding this case is
    The hospital is a private owned biz,just like any other.

    So I would say yes,they can ban whoever they please.
    And they should be able too.Those people are saving lives.
    They should not have to take time out of their day to explain
    to leo what the laws are and what they can and cant do.

    Maybe train the LEO to know what the laws are regarding
    private biz's such as a hospital.

    How would you feel austin if your wife was laying in hospital
    and because an ignorant LEO has no clue about wtf he is
    talking about or asking,your wife falls out of bed because she
    is trying to push the call button and dies with head injury.
    All because a nurse was being detained for information.

    Do you still want LEO in the hospital to act crazy with the
    staff.I'm betting ,NOT!!!!

    I’ve been watching this thread for a while and I’m attempting to learn something from the curbside lawyers and members expert witness wives on here. So let me make sure I understand your train of thought. If I own a store and I commit a crime I can ban the police from coming on my property to arrest me because it’s a private business? That’s awesome, I hope this information doesn’t get leaked to the criminals


    Sent from my iPhone using Tapatalk Pro
     

    MOTOR51

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    In all seriousness and weeding through all the mounds of ******** being put in this thread, the officer could have probably handled it in a calmer manner but as far as the arrest goes I would have to know their laws etc


    Sent from my iPhone using Tapatalk Pro
     

    Firearmfanatic

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    From what I gather about the La laws regarding this case is
    The hospital is a private owned biz,just like any other.

    So I would say yes,they can ban whoever they please.
    And they should be able too.Those people are saving lives.
    They should not have to take time out of their day to explain
    to leo what the laws are and what they can and cant do.

    Maybe train the LEO to know what the laws are regarding
    private biz's such as a hospital.

    How would you feel austin if your wife was laying in hospital
    and because an ignorant LEO has no clue about wtf he is
    talking about or asking,your wife falls out of bed because she
    is trying to push the call button and dies with head injury.
    All because a nurse was being detained for information.

    Do you still want LEO in the hospital to act crazy with the
    staff.I'm betting ,NOT!!!!

    Yep, private business and private property. They make the rules and regs about what can and can not occur on their property. I know of one such hospital that actually forces any leo to de-arm themselves by either leaving the weapon in their vehicle or a lock box at the entrance to the hospital before being allowed to enter the hospital. Either they de-arm or they are refused entry into the hospital and are escorted to their vehicle in the parking lot and then escourted of the premises by hospital security.
     

    MOTOR51

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    Yep, private business and private property. They make the rules and regs about what can and can not occur on their property. I know of one such hospital that actually forces any leo to de-arm themselves by either leaving the weapon in their vehicle or a lock box at the entrance to the hospital before being allowed to enter the hospital. Either they de-arm or they are refused entry into the hospital and are escorted to their vehicle in the parking lot and then escourted of the premises by hospital security.

    So even if an officer is their to make an arrest or in performance of his duties. Please give us the name of this hospital.


    Sent from my iPhone using Tapatalk Pro
     

    bigtattoo79

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    Sep 12, 2009
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    Yep, private business and private property. They make the rules and regs about what can and can not occur on their property. I know of one such hospital that actually forces any leo to de-arm themselves by either leaving the weapon in their vehicle or a lock box at the entrance to the hospital before being allowed to enter the hospital. Either they de-arm or they are refused entry into the hospital and are escorted to their vehicle in the parking lot and then escourted of the premises by hospital security.

    What hospital is this?
     
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