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

[KevDen2005]

But, to really be well versed in the law, don't you have to have a "law degree" ? Don't all licensed lawyers have to have a college degree from a law school and then pass a state bar exam? In other words, you don't have a law degree and a license to practice law, you are basically a soldier following orders! Which is what this cop was doing. And the department that he works for has already admitted they are taken action to make changes this doesn't happen again.

Completely false and misguided. Cops are not soldiers just taking orders. In some cases bad orders are given by supervision and it appears that is being worked on. I make correct legal decisions daily without consulting with an attorney based on the law. I have won numerous cases in court on my decisions because other lawyers have no idea what they are talking about. I have testified on multiple occasions as an expert witness and given guidance to the prosecution on questioning. Why? Because I happen to also understand the law and have been given the ability to enforce it appropriately.

Just like lawyers that practice in specific fields there are cops that do the same thing. I my assumption, and it is only that, the reason for the blood test may be for CDL purposes if they don't suspect DUI. I don't do Commercial Motor Vehicle enforcement so I am only making an assumption on that.

[KevDen2005]

I have mad respect for you and what you do. I hope you know that. But I don't recall ever seeing anything that implies that any entity has rights to the only property I actually own in this life (my body) when I sign up for a driver's license.

I'd love to see the contract that lays that out.

The word 'implied' in itself means that something isn't explicit.

I don't have time for 'implied' in this life. I want to know the rules and I want to follow them. I don't want to be shaghai'd by an entity that has more legal power (MONEY) than I do.

Get a fucking warrant if the evidence is so overwhelming.

I know that you do, we have talked on multiple occasions. And you know the ones that know me personally know that I don't just defend cops because they're cops. Ultimately, the nurse may have just gone with what the cop was doing an then sue him later. Fighting is lose lose. At the end of the day this officer and his department made my job tomorrow even harder, which pisses me off.

You're right, your blood is yours and it may need a warrant. However under exigent circumstances a blood draw may be taken without a warrant, this would be for situations like vehicular homicide, but will only work for the first blood draw if a warrant could not have been obtained before that. The following blood draws will require a warrant no matter what. Some reasons why this is the case is that we have a limited number of minutes from the time a motor vehicle is operated to getting a blood draw for certain portions of the investigation. Things like medical procedure and medications the hospital gives you can also alter blood results again possibly giving exigency (exigent blood draws are rare). And in these cases we may need to show the courts that a warrant was being worked on and attempting to be obtained prior to the first blood draw. This shows the courts we aren't just getting blood draws without warrants.

Colorado CRS 42-4-1301.1 Exressed Consent - A person who drives a motor vehicle, anywhere, shall have been deemed to have given their consent to this section. Which allows me to demand a blood or breath sample (upon probable cause). Now if you choose to deny me taking one I'm not gonna fight you for it, I'm not gonna end up in the news for it, and there will be no case law for it. I will sleep all the same when I keep the driver's license for the person refusing. That person will be in jail and have to bond out and I will be at home relaxing. I'm not gonna stress over it.

The purpose of this is to deter drivers from being intoxicated and impaired from drugs or alcohol, or both on the public roadway. You and I both have a right to drive without some asshat running into us because of impairment. I have seen too much blood smeared on the roadway to not take this seriously. Everytime you see a cross on some street corner I almost guarantee that there is a high likelihood that alcohol or drugs were a cause of that crash.

I know someone else posted something about making it harder and harder to defend cops from BLM. But this was one circumstance. And it is most likely going to get resolved. Despite what people think about this video or cops, the vast majority are helping you not hurting you. Additionally, if you are a law abiding citizen, the likelihood of seeing the police for anything other than something traffic related is extremely slim, so people never really get a chance to know what goes on daily behind the wheel of a patrol car. Only what TV tells them and their experiences getting a ticket.

[BushMasterBoy]

Absolutely not true. The profession has a terrible public relations problem! The arrest was unlawful! Let me know when you pass the state bar exam, and I will buy your family dinner @ The Broadmoor!

Completely false and misguided. Cops are not soldiers just taking orders. In some cases bad orders are given by supervision and it appears that is being worked on. I make correct legal decisions daily without consulting with an attorney based on the law. I have won numerous cases in court on my decisions because other lawyers have no idea what they are talking about. I have testified on multiple occasions as an expert witness and given guidance to the prosecution on questioning. Why? Because I happen to also understand the law and have been given the ability to enforce it appropriately.

Just like lawyers that practice in specific fields there are cops that do the same thing. I my assumption, and it is only that, the reason for the blood test may be for CDL purposes if they don't suspect DUI. I don't do Commercial Motor Vehicle enforcement so I am only making an assumption on that.

[KevDen2005]

Absolutely not true. The profession has a terrible public relations problem! The arrest was unlawful! Let me know when you pass the state bar exam, and I will buy your family dinner @ The Broadmoor!

I'm not sitting here defending the arrest.

I'm sorry the police have upset you in life.

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

But you're wrong.

[Fentonite]

Regardless of whether or not the officer had a right to obtain a blood sample from the driver, he did not have a right to arrest the nurse. I don't know the laws of the state where that occurred, but I doubt there is a law that compels a nurse to draw blood, against her will, in any circumstance, with recourse of criminal charges. That's just ridiculous. I've been on both sides of this, previously as an LEO, and now practicing medicine in the ER of a trauma center. Sure, some hospitals will contract with an agency to do their legal blood draws, but that's a civil contract. The arrest was absolutely wrongful. I've seen it many times - an otherwise well-intending LEO gets embarrassed or frustrated, and exercises authority he doesn't have. Usually, ER staff and LEO's work much better together, as they both know that they rely on the other in potentially life-ending (and life-saving) situations. Unfortunately, this LEO was in the wrong, and really showed his ass. Kudos to the nurse, a real pro.

In spite of the officer's poor decisions/actions, for which he absolutely should be held accountable, I expect that he would run towards gunfire (or a flood or burning building, etc etc) to protect those he could. One stupid action doesn't necessarily define the man, at least not completely.

[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.

[Bailey Guns]

Absolutely not true. The profession has a terrible public relations problem! The arrest was unlawful! Let me know when you pass the state bar exam, and I will buy your family dinner @ The Broadmoor!

And people wonder why some cops appear to have a problem with the public. This is the reason. ^^

While I agree the police have a PR problem I don't agree that blame for that rests solely with the police. We get our news from a lying, agenda-driven media (not in this particular case...in general) that almost never has the best interests of the police in mind. Every single time a cop does something stupid or wrong, such as in this case, his/her actions are instantly broadcast for the world to see and to immediately pass judgment upon. The general public ALWAYS feels compelled to comment on police policies and procedures as though they were experts, even though they generally have no training or experience in police policies and procedures. I can think of no other profession where this is the case...at least to the degree that's it done with the police.

The officer here made a mistake. A big one. And he compounded his mistake with some pretty piss poor behavior. It sounds like he's gonna pay dearly for that mistake. And he should. But should his entire life and character be judged on this one instance? I don't know. He could be a total douchebag. Or he could have a history of being a great police officer and person. I don't think anyone here knows.

All I can say is based on what I've read from some posting here I'd likely rather have that officer as a friend than some here. I mean, since we're gonna base judgments on people we don't even know based on isolated incidents and all that I feel pretty comfortable saying that. Everyone does something stupid at one time or another. But some make stupid a lifestyle.

[Aloha_Shooter]

Absolutely not true. The profession has a terrible public relations problem! The arrest was unlawful! Let me know when you pass the state bar exam, and I will buy your family dinner @ The Broadmoor!

The profession DOES have a public relations problem as is evident from the number of otherwise-reasonable people who have bought into BLM's BS but that has nothing to do with the facts of this case or your blatant anti-LE bias. It's pretty clear you would be vehemently anti-LE even if they had GREAT PR.

This particular cop (and perhaps his immediate leadership) made a bad call but KevDen, BP and others have quite calmly and rationally explained why and when implied consent and exigent circumstances come into play. Making your font bigger isn't going to change the law or make you right.

[CapLock]

www.idahoguntalk.com

[JohnnyEgo]

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

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.