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nurse cuffed by cop for not breaking law

How long until these guys start paying attention to the internet and the trend of people posting videos of cops doing improper stuff, and realize they should cool it?

In recent years quite a lot of these damning videos have come from the cops' own body-cams and dash-cams. I'm amazed it hasn't burrowed into their brains that "we are recording ourselves here ... better play by the rules".
 
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In recent years quite a lot of these damning videos have come from the cops' own body-cams and dash-cams. I'm amazed it hasn't burrowed into their brains that "we are recording ourselves here ... better play by the rules".

Maybe a number of them have been *********** around willy-nilly for so long, they've essentially forgotten what the precise rules are.

ETA - "What? She said no to me. More than once! What do you mean I'm not allowed to arrest her?"
 
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How long until these guys start paying attention to the internet and the trend of people posting videos of cops doing improper stuff, and realize they should cool it?

Let's see if there are any consequences. So far there aren't many consequences, so they seem to be catching on rather more quickly than we are.
 
The officer claims he was acting in the victim's best interest (to refute any accusations that the victim might be partly to blame for being under the influence) but he was too ignorant to understand that if this evidence is illegally obtained, it can't be submitted anyway.
If you watch the full vid you can hear the other officer saying to her in the police car that if 'they are found to have taken it unlawfully it couldnt be used anyway, so whats the problem?' or words to that effect.
 
I'm pleased with the public reaction this time, although very troubled that the detective is so far continuing his job, with merely some vague "reeducation" to ensure this never happens again. In some cases, that may be an appropriate response. However, in THIS one, the law officer demonstrated either egregious ignorance of or flagrant disregard for the very law it is his job to uphold. That IS the foundational basis of his job.

If I threw lattes in peaceful customer's faces one day at my job, I wouldn't be reeducated or any such thing. I'd be fired, and possibly worse. This guy is supposed to have received a LOT more training and preparation for his job than I did. And he's trusted with a much greater responsibility toward society (important as lattes are these days). Why shouldn't his consequences for borking it up so outrageously be equal to, nay greater than, those facing us mere disgruntled plebs?
 
Maybe a number of them have been *********** around willy-nilly for so long, they've essentially forgotten what the precise rules are.

ETA - "What? She said no to me. More than once! What do you mean I'm not allowed to arrest her?"
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It's not settled in that it hasn't reached the SCOTUS, but it's reached multiple circuit courts (1st, 5th, 7th, 9th, 11th), and every circuit court that has ruled on the topic has ruled that it's a constitutional right. Judges in lower courts not covered by these circuits could still rule otherwise, but given the track record so far, odds are in favor of any plaintiff appealing such a ruling even in the remaining circuits.

Of course, not everyone would bother to appeal, and one shouldn't have to appeal either.

Do you know the result of this appeal and/or the status of the original ruling?

http://www.philly.com/philly/news/2..._no_First_Amendment_right_to_film_police.html
 
Maybe a number of them have been *********** around willy-nilly for so long, they've essentially forgotten what the precise rules are.
ETA - "What? She said no to me. More than once! What do you mean I'm not allowed to arrest her?"

This is my theory as well. And in the past if the cop wanted to press it further they would have accused the nurse of taking a swing at them, of pushing them against the wall, or otherwise aggressively resisting arrest. And who would not take the work of a cop, right?

I still believe that there are many good cops. But the advent of cell phones with video has lead to dramatic decreases in the numbers of reported UFOs and Big Foots (Feet?) while leading to substantial increases in the numbers of police caught doing illegal things. I can only assume that the former are rare/non-existant whereas the latter are much more common than I ever suspected.
 
I'm pleased with the public reaction this time, although very troubled that the detective is so far continuing his job, with merely some vague "reeducation" to ensure this never happens again. In some cases, that may be an appropriate response. However, in THIS one, the law officer demonstrated either egregious ignorance of or flagrant disregard for the very law it is his job to uphold. That IS the foundational basis of his job.

If I threw lattes in peaceful customer's faces one day at my job, I wouldn't be reeducated or any such thing. I'd be fired, and possibly worse. This guy is supposed to have received a LOT more training and preparation for his job than I did. And he's trusted with a much greater responsibility toward society (important as lattes are these days). Why shouldn't his consequences for borking it up so outrageously be equal to, nay greater than, those facing us mere disgruntled plebs?
Again- I absolutely agree! This was not simply the cop failed to understand the legal details of what was required to obtain a blood sample from someone, so he only needs to be re-educated on the details of the current rules. Instead, in the middle of a very calm and non-threatening situation the cop became ballistic because he was not getting his way. In response to multiple hospital professionals calmly explaining and documenting what the rules were, and in the absence of any physical resistance, the cop threatens to arrest the nurse, grabs her, has her handcuffed and tossed in the back of a police car. He clearly demonstrated that he is emotionally unfit as a LEO. I can only imagine what he might do in a real life or death situation when he was under some real stress.
 
State law probably requires consent to drunk tests as a condition of drivers license.

Yes. Utah has an implied-consent law which reads in part

Utah Code 41-6a-520 said:
(1)
(a) A person operating a motor vehicle in this state is considered to have given the person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for the purpose of determining whether the person was operating or in actual physical control of a motor vehicle while:
(i) having a blood or breath alcohol content statutorily prohibited under Section 41-6a-502, 41-6a-530, or 53-3-231;
(ii) under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 41-6a-502; or
(iii) having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section 41-6a-517.
(b) A test or tests authorized under this Subsection (1) must be administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii).

It was this implied consent that the detective cited as legal justification to draw the blood. However, the detective was still wrong, as the highlighted section emphasizes. In this case the intent of the blood draw was to prove that the patient was not intoxicated. The detective wrongly believed implied consent was operative for his purpose, but in fact he had no grounds to believe the patient was in violation.

While his misunderstanding of the law can be excused, obviously his subsequent actions cannot. There seems to have been little done effectively to de-escalate the situation. It should not have come to the arrest of the nurse. In the nurse's favor, we have a female mayor who doesn't tolerate this sort of thing.
 
Yes. Utah has an implied-consent law which reads in part



It was this implied consent that the detective cited as legal justification to draw the blood. However, the detective was still wrong, as the highlighted section emphasizes. In this case the intent of the blood draw was to prove that the patient was not intoxicated. The detective wrongly believed implied consent was operative for his purpose, but in fact he had no grounds to believe the patient was in violation.
While his misunderstanding of the law can be excused, obviously his subsequent actions cannot. There seems to have been little done effectively to de-escalate the situation. It should not have come to the arrest of the nurse. In the nurse's favor, we have a female mayor who doesn't tolerate this sort of thing.
Also, he admitted on the video to the other cop that he couldn't get a warrant because he had no probable cause. That contradicts any assertion the cop believed he had probable cause because of the implied consent law if the cop was using that excuse.
 
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Also, he admitted on the video to the other cop that he couldn't get a warrant because he had no probable cause. That contradicts any assertion the cop believed he had probable cause because of the implied consent law if the cop was using that excuse.

Good point! I forgot to even start dissecting that part. :thumbsup:

The other, second officer was the ultimate little phony "nice cop" thespian here. I don't have any true hostility in me for the institution of the police, quite the contrary. But I experience profound senses of hostility toward the ones who behave like either of these lulus in an extreme situation.

Just disgraceful. The oft-tripping security at Burning Man does a better job of knowing the policies they enforce.
 
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He clearly demonstrated that he is emotionally unfit as a LEO. I can only imagine what he might do in a real life or death situation when he was under some real stress.

Agreed. In the SLCPD, as I suspect is the case in many police departments, detectives are very different from beat cops. Specifically, I doubt whether they're ever under any real stress in the same way beat cops are. Here that cuts the wrong way; you want someone who is used to managing confrontation without it getting out of hand. That clearly didn't happen in this case.

In addition to Internal Affairs, we also have a citizen oversight board that has actual teeth. And I've just learned that there will be a criminal investigation. So just because the detective hasn't been handed his walking papers just yet doesn't mean he's at all out of the woods. He's facing three separate investigations and has, as of today, been placed on administrative leave.
 
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