Nurse stands up to cop, gets arrested

By all accounts, the head nurse at the University of Utah Hospital’s burn unit was professional and restrained when she told a Salt Lake City police detective he wasn’t allowed to draw blood from a badly injured patient.

The detective didn’t have a warrant, first off. And the patient wasn’t conscious, so he couldn’t give consent. Without that, the detective was barred from collecting blood samples — not just by hospital policy, but by basic constitutional law.

Still, Detective Jeff Payne insisted that he be let in to take the blood, saying the nurse would be arrested and charged if she refused.
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Watch the video at the site, it starts about the 6:00 minute mark.

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38 Responses to Nurse stands up to cop, gets arrested

  1. crazyeighter says:

    A neighboring police department sent Payne, a trained police phlebotomist, to collect blood from the patient and check for illicit substances, as the Tribune reported. The goal was reportedly to protect the trucker, who was not suspected of a crime. His lieutenant ordered him to arrest Wubbels if she refused to let him draw a sample, according to the Tribune.

    In Thursday’s news conference, Wubbels’s attorney Karra Porter said that Payne believed he was authorized to collect the blood under “implied consent,” according to the Tribune. But Porter said “implied consent” law changed in Utah a decade ago. And in 2016, the U.S. Supreme Court ruled that warrantless blood tests were illegal.

    More of that “To Serve and Protect.” No warrant. No Probable Cause. No Consent. No legal justification, but this cop was gonna take blood anyway.

    Fucker better hope he never gets injured because injured cops are usually taken to … hospitals. Hospitals have nurses. Nurses that talk to each other, read newspapers and watch news broadcasts.

    “Hello there Officer Payne. Remember me??”

    • Wirecutter says:

      Stick, jab, jab, jabjabjab…..

    • JeremyR says:

      Years back we took a guy in for a court ordered blood draw. Had to uncuff him. SOB punched the nurse. She dropped the needle. It landed point down on a tile floor. She used it any way. dull as heck going in, a fish hook coming out. They could hear his screams through the entire hospital.
      Hope ossifer pain meets a nurse like that.

      • crazyeighter says:

        Do not give any grief to people that can stick pointy metal objects in you with impunity.

  2. StBernardnot says:

    Aren’t cops required to keep current with changes in the law? Our local sheriffs office got an education from me about the recent changes in the ccw & stand your ground law. Dumb ass charged me $50 for a new permit when I went in to renew. I told them that they were wrong, but of course cops are never wrong. I went home, reread the new law, then called them & told them to read it. They then admitted I was right. Then I told them to educate themselves on the ‘stand you ground’ part. Which I consider much more important. This is a huge change & someone should not be thrown in jail for using the right to self defense. This is the same pig that said a local cop banging a 17 yr. old “was the best thing that ever happened to her”. Sexting 15 & 16yr. olds is “ok” to. fuck Cops.

  3. CC says:

    Nurse should have gotten right back in his face and threatened a civil rights lawsuit that would have him wishing he’d never started the shit.

    • Wirecutter says:

      It’s not too late for that.

    • Elmo says:

      Besides a civil rights violation (federal) she also has a case for false arrest.
      Hopefully Payne, the lieutenant that ordered the blood draw and their chief (who found the video to be “very alarming”) all get named in lawsuits and/or lose their jobs.

      • hbbill says:

        Don’t forget pain and suffering.

      • Kimberwarrior45 says:

        The Chief and Mayor are liable, it is called Vicarious Liability. That is what they got Sgt Stacy Keech of Rodney King fame on for Civil Rights violation though he never touched King

  4. Bobo the Hobo says:

    Nurses are sworn patient advocates. It’s easy for me to say I hope she sues the cops for all they’re worth but I’m not the one on the line. That said, I hope she sues the cops for all they’re worth as this is clearly a civil rights violation.

    And if this cop ever shows up as a patient, nurses will still protect his rights. I worked in a hospital for 17 years – saw everything. Treating convicted murderers was not my favorite thing to do but I treated them the same as any other patient; it’s just drilled into you to do so.

    • Wirecutter says:

      Oh come on, you never played lawnmower when removing a catheter before? Never?

      • Mike_C says:

        Nor me either. (Though as a physician I really only did arterial sticks, art lines, and central venous catheters, no regular IVs nor urinary catheters; we won’t even talk about cardiac catheterizations because that is no place to screw around.)

        Here’s the thing, I didn’t refrain out of tender mercies to someone I disapproved of, I didn’t do it because it would be unprofessional, because it would make me less than what I am. I think the greatest temptation to fuck someone up was with a patient who had been convicted of raping his 5-year old grand daughter. (Guy was totally unrepentant too, told me some story about how it was all because he was a victim of racism.)
        ——
        On the lighter side, I did observe someone trying to remove a foley (urinary) catheter without deflating the balloon on the end first. (The balloon is in the bladder side, and keeps the thing from falling out.) THAT made for some active times. It was genuine ignorance rather than malice, however.

        Finally, Tom Kratman has a little story about punitive phlebotomy here . Starts about halfway down the page.

      • Bobo the Hobo says:

        Nope, not even once. Like Mike C, I refused to let them drag me down to their level … not that I wasn’t tempted with murderers, mind you.

  5. Steady Steve says:

    Sue for a large amount then negotiate for the cop and his supervisor to be fired for cause, on the record. Police departments do not want to hire someone fired for cause because it is a red flag that they are a liability. Too often bad cops like this are allowed to resign without the reason being on their record. Their pals then help them get a job with another department and society goes unprotected from them.

  6. Speedy Dasher says:

    The officer and his supervisor should be fired. The nurse should sue the city, the police department and the officers as individuals for punitive damages, as well as a civil rights suit. Then watch them wiggle. She’ll be able to retire early.

  7. Dan says:

    The nurse was guilty of the most heinous despicable crime possible…”Contempt Of Cop”. She’s lucky to have survived the encounter. And she MUST file a lawsuit against everyone involved as that is the ONLY mechanism available to address the crimes o badgemonkeys. Sadly the criminals pinned to badges won suffer a bit for their crimes…..it will be the taxpayer who gets bent over and robbed to pay the settlement.

    • Inbred Redneck says:

      I’d specify in any suit or settlement that all monies are required to come out of the department’s budget. If they don’t get new cars or toys and their practice ammo budget goes away, the remainin’ officers might think a little bit before fuckin’ with citizens in the future.

  8. Rebecca says:

    It’s officers like this that make the populace very leery of police. The willful violation of the Constitution on a man burned to a crisp and unconscious is abominable. This is an indication that the officer, his lieutenant, and the Chief himself (for allowing these vermin to remain on the job with a paycheck) will have no compulsion to respect citizens anywhere. They have no right to remain in law enforcement. Not only should they be fired but be removed of their certifications that allows them to remain in the law enforcement field. After this has been accomplished a settlement both to the hospital and the nurse in amounts exceeding 7 figures from each of the officers involved AND from the municipalities employing them along with a further notice that the hospital involved will no longer “service” those law enforcement agencies should be sufficient to change their attitudes.

  9. Bigg Ale says:

    Sue under USC 42, 1983, Civil Rights violations. He’ll have to pay for his own lawyer to defend him to boot………

    http://www.constitution.org/brief/forsythe_42-1983.htm

  10. AnonForOpsec says:

    They’ll try to settle outta court – I’d bankrupt their fuckin city with court costs before I let that happen…..

    • JeremyR says:

      The city should be held harmless. Instead, it should be the police union that pays every single penny, and as a caveat, place a freeze on union negotiations, and make every member of the union liable, joint and several so that even if a member quits and runs elsewhere, his pay would still be docked to pay the damages.

  11. NewVegasBadger says:

    And it would be shame if that POS of cop needed any kind of an injection and some how the needle was dull. When I was a medic way back when on active duty. We had a way of dealing with (aka getting even) with those GIs who were being difficult and uncooperative when they needed the shot in the ass for their STD. First they got the medical cold, rather than letting it warm up a bit. Imagine trying to sit with a golf ball in your ass. Next we would let the tip of the needle hit once on the steel table top. That would make a small curl, a hook on the tip of the needle, the trooper WILL feel the needle being pulled out of his ass. If that cop even needs medical attention from that hospital, he will get it. Karma meet Bitch.

  12. riverrider says:

    okay, i was all set to spout how f’ed up this cop was but reading yawl over-the-top bashing on him brought me back to my younger days as a leo. yeah, he was an asshole. yeah, he should have been more up to date on case law. but in va. , as in 40 other states, implied consent is still the law and he was acting “in good faith” , in other words he was acting out of honest ignorance. yeah, he should be tarred and feathered, but the real blame is his training. in this litigious society, he can’t even apologize like a normal human being, it can be used against him in court. cops are people too, they make mistakes. let the first one of us that’s perfect cast the first stone….now if they double down on ignorance, hammer them, lol……. i’m glad i got out of leo long ago and went military.

    • FriscoKid says:

      Sorry, dude, but that was not just his ignorance on display, that was the thugcop’s RAGING ANGER being violently unleashed on that innocent nurse.

      He simply wasn’t getting his way, the hospital staff weren’t bowing before his badge, and he couldn’t take it anymore. He chose to act OUTSIDE of the law and he took a steaming, angry shit on the rights of that patient and nurse.

      And you know what? No one stopped him.
      Where are these “good cops” I keep hearing about?

      In fact, if we didn’t have irrefutable video proof of his violent assault, I have no doubt the story would’ve been squashed or he would’ve claimed being in “fear for his life” along with a whole narrative fabricated and covered by his bluebuddies.

      If any “normal” person/citizen/serf had done what this thugcop did…oh man, the hammer of the state would’ve dropped so hard…

    • Nemo says:

      Actually the real problem with these types of officers is three fold, qualified immunity, prosecutorial discretion and the “blue wall”. Any officer or department that relies on “good faith” as an excuse for not knowing which laws apply to a given situation should not be wearing a badge. As to cops “making mistakes”, it seems that there are a lot of officers that make them. The unfortunate part of them making mistakes is that citizens sometimes end up dead for no reason and the officer gets off scot free because of qualified immunity and/or your “good faith”. While this seems to be changing in some jurisdictions, it is ONLY due to the MASSIVE public outcry over the injustice of citizens winding up dead over something as stupidly simple as a tail light being out. Any officer that even tacitly condones this type of behavior (the blue wall) is just as culpable as the officer that made the “mistake”. When people in other lines of work make mistakes, they are often fired. Police officers and most other government workers need to be held to at least the same standards as the rest of us.

    • JeremyR says:

      Implied consent is the law exactly NO WHERE. The Supreme Court threw it out in Birchfield v North Dakota. To draw blood requires a warrant or, per Beylund v Levi, informed consent.

    • Cornholio says:

      “but in va. , as in 40 other states, implied consent is still the law and he was acting “in good faith” , in other words he was acting out of honest ignorance.”

      Uhh, this was in Utah. Has nothing to do with VA. Try to keep up bootlicker.

  13. AbbyS says:

    The fact that the suspect they were chasing is DEAD, and the trucker in the burn unit is the VICTIM, begs the question – what the bloody hell were the cops at the hospital for any way??? Just my 2 cents….
    AbbyS

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