Abuse of police authority - Arrests nurse when she refuses illegal search

www.idahoguntalk.com

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Originally Posted by KevDen2005

But you win because you chose such a large font. I can't even argue it.

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Do you even Font, Bro?
In all seriousness, this is the best line I have read all week. I am not a fan of the concept of the 'Like' button, but I would press one for this post.

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Originally Posted by CapLock

www.idahoguntalk.com

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Sorry you're so easily triggered.

Don't use your catchphrases on me. Just opening a door.

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Originally Posted by BPTactical

A post accident drug test is MANDATORY for a CDL licensee when:

A Fatality is involved even if the CDL driver is not cited.
Bodily Injury is involved IF the CDL driver is cited.
A vehicle is towed from the scene IF the CDL driver is cited.

https://www.fmcsa.dot.gov/regulation...-testing-occur

The drug test is to be performed by the CDL holders EMPLOYER, not law enforcement. Now whether or not an employer can direct law enforcement to collect the testing sample I am not sure of.


Regardless, the cop, his supervision and any other party who obstructed this nurse from:
A - protecting the patients rights
B - following her employers policies and protocols
C - performing her duties within the scope of her position

....needs to be standing in an unemployment line.

Especially the "arresting" officer, Payne. He needs the "Rapsheet Rhonda Hilti" treatment.
Prick.

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Based on the statutes linked on the FMCSA site about testing, all scenarios involve consent by the license holder. The license holder can refuse;

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Your refusal to submit to a drug or alcohol test is generally equivalent to testing positive to a drug or alcohol test. You must immediately be removed from performing safety-sensitive functions (i.e., driving CMVs) until successful completion of the return-to-duty process with a DOT-qualified substance abuse professional.

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If there was a disagreement about the collection requirements, the issue should have been escalated within the department to be addressed by the legal departments of both the hospital and department. Letting your emotions take over and muscling a nurse into an arrest situation, was entirely the wrong answer. The officer stated she was under arrest, but why was she never mirandized?

If a fellow officer is getting emotionally involved and making a bad move, wouldn't it be a good idea for another officer to step in defuse the situation? Maybe have the officer take a breather while someone else takes over? There were other officers on scene and you could tell at least one of them felt the situation was taking a bad turn, but no cooler head stepped in to de-escalate the situation.

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Originally Posted by Gman

If there was a disagreement about the collection requirements, the issue should have been escalated within the department to be addressed by the legal departments of both the hospital and department. Letting your emotions take over and muscling a nurse into an arrest situation, was entirely the wrong answer. The officer stated she was under arrest, but why was she never mirandized?

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She was not going to be questioned, no need for Miranda warnings.

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Originally Posted by JohnnyEgo

I am not a fan of the concept of the 'Like' button

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Dislike. [fail]

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Originally Posted by ChadAmberg

She was not going to be questioned, no need for Miranda warnings.

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Oh, so just contempt of cop, no need to be advised of her rights.