“Is this patient under arrest?” Alex Wubbles asks the officer, being instructed by legal counsel on the phone.
“Nope,” the officer says.
“Do you have an electronic warrant?” She asks, searching for a way to legally comply with the officers.
“No,” The officer admits bluntly, getting annoyed.
The police did not have a warrant. The police did not have probable cause. The man was not under arrest. The unconscious patient could not consent.
The nurse, Alex, printed out the hospital’s policy which the Salt Lake City Police Department agreed to. She showed it to the officers. She clearly and calmly listed the three things which would allow her to give the police the blood sample: a warrant, patient consent, or a patient under arrest.
The police had none of these things.
“Okay, so I take it, without those in place, I am not going to get blood?” The Officer Jeff Payne is heard saying behind his body cam.
The legal counsel on the phone tries to tell the officer not to blame the messenger, and that he is making a big mistake.
Then, the officer attacks the nurse, Alex Wubbles. He drags her outside, and handcuffs her, while she cries.
“What is going on?!” She says exasperated, wondering why they are doing this to her.
She couldn’t just break the hospital policy and put her job in jeopardy because some police officers illegally told her to. She couldn’t simply collude with the lawbreakers–the police–and illegally hand over a blood sample on behalf of an unconscious patient.
That would have opened her up to lawsuits and job loss.
The officers were, in fact, breaking the law. They had no legal right to demand blood from an unconscious patient who could not consent.
The man they wanted blood from was a truck driver who had struck a vehicle being pursued by the police. It is unclear why they would even need a blood sample from the victim.
But none of these legal facts stopped the police from placing the nurse under arrest.
Wubbles was handcuffed and placed in a police vehicle. She was never actually charged.
You could chalk this up to one crazy officer, Detective Jeff Payne with the Salt Lake City Police.
But then his supervisor showed up to the scene. While the nurse was handcuffed in the cruiser, the supervisor started to lecture her.
Read More @ http://www.thedailybell.com/news-analysis/infuriating-police-arrest-on-duty-nurse-for-refusing-to-break-law/