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

[Bailey Guns]

www.idahoguntalk.com

Sorry you're so easily triggered.

[CapLock]

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

[Gman]

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.

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

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.

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.

[ChadAmberg]

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?

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

[ray1970]

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

Dislike.

[Gman]

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

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

[ben4372]

I ran into a retire police commander a while back, he is OLD. I recalled my interactions with him from a long time ago when I was lots younger. He is such a level headed, sensible person that I compare him to Andy Griffith style. My dealings with him were always like dealing with an old School principle. This is how I wish law enforcement still worked. My fear is law enforcement is going to follow the politics path and scare away most of the good people because it's not worth the trouble. Then only the sociopaths or ego maniacs will be left, much like most politicians.

[KevDen2005]

I ran into a retire police commander a while back, he is OLD. I recalled my interactions with him from a long time ago when I was lots younger. He is such a level headed, sensible person that I compare him to Andy Griffith style. My dealings with him were always like dealing with an old School principle. This is how I wish law enforcement still worked. My fear is law enforcement is going to follow the politics path and scare away most of the good people because it's not worth the trouble. Then only the sociopaths or ego maniacs will be left, much like most politicians.

This is not the case though. We don't have a PR problem as someone pointed out we have a media problem. And partially you are right, there are tons of people that are good cops that don't want to be cops because they are tired of a lot of the fallout from the bad media. And good people who don't even want to apply. I can tell you over and over again how many times are background investigators rule out the wrong people. But the one officer you see in a video is every LEO nationwide. BY a long shot.

[KevDen2005]

Yeah, that is a catch 22. The media perception is a real problem. E.g. the "same cloth" arguments. I don't have a solution to the two edged blade.

Without the media - the troublemakers are generally protected by the existing system in many departments, and it can get quite bad.
With the media - a certain part of our population (generally the same one that flings the word "racism" at every turn) levies a bias upon an entire class of people because of the actions of one or two. Ironic.

Many fundamental problems with our country. I wish the justice system was constructed in an entirely different fashion from our foundation - it's not the LEO's fault. There is a real perception of unfair treatment in the justice system, which has citizens casting blame upon innocent parties (Good LEO) - if they would ever fix the underlying judicial system (dating from the middle ages) it would help. It'll never happen, however.

Honestly I blame police administrators a lot. There seem to be a lot that have forgotten law, didn't realize law changed, or think they can do whatever they want because of their position. Countless times I have been questioned because of a decision a commander made or higher. Additionally countless times I have seen commanders go out in public and either give terrible information to the public or completely sell out their officers when their officers were 100 percent right, only because the person made an unfounded complaint. These administrators go after the officers that don't make a stink. The ones that come to work everyday without issues and don't complain about work and do what they are supposed to do. They are easier targets than the guys that have constant issues. I've seen this in a multitude of police departments and I also have seen some change where some very well educated leaders are getting promoted which inspires me.

I think if we promoted real leaders who were educated we would see a lot less issues as well. Part of it is when a police department just chooses "yes men" or the person that was there the longest to promote.

[BladesNBarrels]

........... more viciousness than a pit-bull after a propane salesman. ......

Dang, what does the pit-bull have against propane salesmen??