Infuriating: Police Arrest on Duty Nurse For Refusing to Break Law

TDB's picture

Via The Daily Bell

“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.

“There are civil remedies,” he said, telling her she should have broken the law when the officer told her to. Of course, this ignored the fact that she would have been caught up in the civil action against the officers!

It’s like an episode of the Twilight Zone as the Supervisor lies and says the nurse was obstructing justice. All the nurse wanted was a warrant signed by a judge, the legal requirement to execute a search! And yet not just Officer Payne, but his Supervisor insist that she should have given them what they wanted, without a warrant.

Listening to the Supervisor’s justification is a real trip. He repeatedly says, things like, “If you already have a sample, we can just go get a warrant, but all I’m hearing is no, no, no.”

What? Yes, go get a warrant! That is what you have been repeatedly told by the nurse and hospital staff!

You can tell from the video she is not some anti-cop crusader. She was legitimately trying to do her job and follow the law to the best of her ability. Before she is arrested, you can tell she is worried and uncomfortable, trying her best to keep the situation calm and professional.

And then the police handcuffed and dragged a crying nurse out of the building to intimidate and harass her further.

She is a strong woman. She stood up to their bullying and lies and did not give in. Despite the best efforts of the police, she would not help them violate the Fourth Amendment rights of her patient.

Police should not be able to just handcuff people and drag them to a car as an intimidation method. Payne should be fired and charged with assault.

The supervisor should also be fired, for continuing to harass that poor woman after learning quite clearly that his officer was attempting to break the law. These people are a threat to the public.

But all too often Police Cheif’s and other officers line up behind their disreputable colleagues.

And that is why people have such a problem with the police. Fire the bad officers, and maybe the good ones can take the public spotlight.

But if the police treat nurses like this, surrounded by hospital staff, how can we expect them to treat the rest of us?

This is the Salt Lake City Police Facebook page if you would like to leave a friendly note.

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bardot63's picture

Nurse, please sue the SLC PD.  Any jury in the country is going to give you 50 mil. 

RussianSniper's picture

Fuck facebook.

That cop and his supervisor are complete asshats.

 

Expat's picture

I gotta laugh at you weasels.  If the unconcious man had been black or Arab, or if the nurse had been black or Arab, you people would be screaming that the cops should have shot her and taken the driver into custody (fuck it if he needs medical treatment.  motherfucker shouldn't be driving if he's Arab or black!).

LOL.

You assholes created this police state with your cheering for the various Patriot Acts, your cheering for the invasions of Iraq and Afghanistan, and your cheering for every incremental step on the way to a full-blown fascist state in America.  You mock and insult liberals, calling them commie snowflakes, but when the State comes for you and yours, you are suddenly full-blown libtards, aren't you?

#Hypocrites #Ignorant #Crying Fascists

bardot63's picture

Look into your screen and see my middle finger for you and for the SLC PD.

pawn's picture

Good luck official Payne. I know Alex she was doing her job some of us aren't that stupid. Alex is a strong physical young woman my daughter S age. Bless her heart. We need more like her in aMeRiCa

Newspeaktogo's picture

And isn't this false arrest? I'd be trying to sell th case to the best law office in the nation. Easy peazy.

MoreFreedom's picture

Police have been abusing people for a long time like this, and even worse.  Consider the case recently in the movies regarding the killings at the Algiers Motel during the 1967 Detroit race riots.   There a bunch of cops essentially terrorized, beat, and actually killed (as best we know - it's not been proven in court though the victims won civil suits against the police and city) several people in search of what turned out to be a starter pistol.   And they mostly got away with it.  

Frankly, the federal government should be prosecuting such police and the police management and politicians allowing the police to behave in bullying, intimidating, and abusive ways that amount to violating the civil rights of citizens such as this nurse who was merely following the hospital's legal procedures. 

It shouldn't just be done when it's a black or minority victim. 

 

StreetObserver's picture

50 years ago, yeah, that's really relevant to Seattle today.

Theeconomist's picture

The officer was no doubt there because the police conducted a chase and the criminal decided to end it by driving into the semi. The officers were worried about liability, and someone who hadn't seen the accident decided to protect themselves by drawing blood, hoping the semi driver was under the influence of something and they could claim he didn't react fast enough, in an effort to reduce their liability.  There was no chance of that succeeding, but they didn't know it at the time.

Dashcam video of the accident here: https://youtu.be/FKn1BmDDihw

The officer had a license and training to draw blood.  He wasn't asking them to do it, he was asking them where the patient was so he could do it himself, and they stopped him.

Until last year, there were implied consent laws that allowed the police to get breath or blood from anyone suspected of DUI.  He's a little weak on that suspicion here, but he didn't know, and just figured he needed to get the blood now, and if there were any issues with probable cause, they could be worked out later and the evidence excluded.  What WAS true was that if he didn't get the blood now, if the evidence HAD been admissible, he'd have lost his opportunity.  He had one job: GET THE BLOOD.

What he didn't know was that the implied consent laws had changed last year.  The police can force you to give a breath test, but not a blood test.  Until last year, the police could get both.  He thought he "sort of" had authority to get a blood test.  The nurse cited the policy as hospital policy, when in fact it was not mere policy, it was the law under the Supreme Court of the US.

However, the police aren't lawyers and so the officer didn't know.  This was likely the first time he ran into this change and so he screwed up.  She spent 20 minutes in a police car.  She isn't going to retire on her damaged on that basis.  Her damages would not exceed the cost of litigation, so I'm sure she shopped it around and no lawyer would take the case.  The officer just made a mistake.  Yes, he roughed her up a bit, but that's not worth millions.  She'd probably recover her legal fees at the best case.  She wasn't hurt, just upset.

So, having no remedy, she went public and shamed the police.  Joke is on them: I'd bet most hospital staff would not have realized the laws had changed and would have let other officers walk right on in and draw blood.  Now, every nurse in the country has been educated not to do that.  The officer has shot police nationwide in the proverbial foot.

As far as the police were conerned, this was a minor mistake for which no one was really hurt.

MoreFreedom's picture

"... the police aren't lawyers and so the officer didn't know."

Are you serious?

The police should be very familiar with the law and police procedure.  They are intimidating because they are lazy and don't care about protecting the rights of law abiding citizens.   

Seriously, how hard do you think it is for the police to obtain a search warrant?   Don't you think they shoiuld know when they should obtain one, and what it's for?   Most police know they can get one on the flimsiest of allegations, such as claiming the person was acting suspiciously.   I've read that police can use this excuse to search a vehicle if a) the windows were down suggesting the occupants were smoking pot, or b) the windows were up suggesting the occupants were smoking pot. 

Next time the police show up and want to search your house when they don't have a warrant, you'll be happy that they tear up your house leaving you with the repair bill.  Because the "officer didn't know."

People who freely give up their freedoms deserve what they get.

And why did the officers want a blood sample from someone who didn't cause an accident?  Because they were afraid that guy would be suing them for endangering him by pursuing a vehicle a high speeds, and wanted a reason to prosecute him as well. 

Bemused Observer's picture

The officer didn't have to draw blood at all. The truck driver went through the ER, and to the burn unit. His blood was drawn, plenty of it, during his admission. A tox screen would have been done as a matter of course, because they were going to be giving him some heavy-duty narcs for the pain. That blood, being drawn BEFORE those drugs were administered, would have been what the officer needed, and he could have gotten those results without even having to show up at the hospital.

Blood drawn at the time the argument took place would have been totally useless, as it would have been contaminated with whatever they gave the guy at admission. Considering his condition, they likely knocked him out with some narcotic.

What good would that blood have been, even if he HAD gotten it? This idiot, and his supervisor, have now both trashed their careers over what was essentially an ego matter...officer didn't like being told "No.". How fucking STUPID do you have to be to gamble your entire career over some hurt pride? There was NO 'police business' to be done here, and the moron KNEW that...he just didn't like being told "No.". If only he could go back and re-do the whole thing, huh?

Enjoy your next 'career', officer. Try not to fuck THAT up now...

MoreFreedom's picture

Do you really think they "transhed their careers"?   Typically what will happen is nothing, even if the nurse and patient/victim sue the police and win big awards. They'll claim they were trying to efficiently do their jobs because intimidating people is easier than calling up a judge to get a warrant.   And they do it because they get away with it again and again.  And the federal government usually sides with them because they don't care about civil rights of citizens either, unless of course the cops are white and the victim is black or a minority.  

Police like this are putting people in the position they'll have large legal bills if they want to obtain any justice, so they lose anyway.   We need political leaders who take our freedoms seriously.  

Consider why the police would even want blood sample of such a victim/person.  The only reason is because the police are worried they'll be sued for the harm that came to the guy, so they're looking for reasons he's responsible, such as having alcohol or drugs (which might have been administered by the hospital) in his blood.  When the police pursue somone in such a way that others are endangered they MIGHT be held responsible.  Especially if they had only a flimsy reason for pursuing the other vehicle.

geekz_rule's picture

apologists and sycophants, suck

oobilly's picture

"However, the police aren't lawyers and so the officer didn't know. "

Thats not an excuse ! and doesnt justify anything.

Before a cop does anything..he should know the law.

sacredfire's picture

If you can excuse this police conduct then you have drunk the entire glass of Koolaid. I was a police officer for 31 years and this conduct is/was/and always will be/ not tolerated.

Montana Cowboy's picture

No, I don't think we can presume the officers were ignorant of the law or the law change. One of them was trained to draw blood. He would be the first one to know about the law change.

Rakksan's picture

Let's see the SLC news media cover this story as they would any criminal. Do an in depth story on this Nazi thug, his other crimes against citizens. This cannot be his first offense. Shame his wife and family the same way the media does to other criminals. Make him pay and question as many other cops as they can as to why they allow a fellow thug to behave this way. Cops who do not speak up are cowards and enablers. Publish his home address so good citizens can picket his home and let his neighbors know his crimes.

Snaffew's picture

This woman, Alex Wubbles, is obviously stronger and braver than the entire Salt Lake City Police force combined, let alone most of the citizens of this country.  The article is right, the officer and the supervisor of the department should be fired and charged with assault.  The hero in this story is Alex Wubbles and the strength she displayed in the presence of severe intimidation is remarkable.  This is why most people are afraid of the police---whites are scared and minorities are petrified. The police can get away with murder literally and they can plant evidence on anyone and throw them in jail whenever they want to.  The pigs are fucking scary!

pawn's picture

She is alex Shaffer who the fuck is wobbles least she got married

 OK she B tall 6 ft blond and definitely blue eyes good looking went into the Heath care  position hey that is the most lucrative job opportunity. Alex was an Olympic she did it. OK so she followed the rules not a crime. What are there athletes to do. Lance Armstrong he drew blood to give it to his domestic team Rider USPS. She is a female hero. We need more of these female S she was good at slalom.

Drop-Hammer's picture

This woman will retire within a year compliments of the Mormon dopes who run Salt Lake City.  

StreetObserver's picture

And the cops are counting on these nurses and doctors to save their lives and relieve them of pain when they come in injured after a car crash or a firefight?

BTW, that embrodered shirt is not a badge. He is not a properly dressed policeman and has no arrest powers until he is wearing a badge.

Fire the asshole, strip him of his pension and prosecute him. All good cops should repudiate this lunatic.

Milton Keynes's picture

He's got his badge in his wallet, along with his ID.

 

He's legit enough. Same thing Undercover cops wear...

 

His problem is he's arresting someone for not committing a crime but standing on their rights.

A smart lawyer will sue this detective and his superintendent personally and if the SLC police are smart they will sack both of them.

 

StreetObserver's picture

Oh, forgot the wallet. Agreed about the lawsuits.

Individual's picture

What bothers me is all the cucks that stood by and watched. Buunch of Beta males. Disgusting. Not a real man in the bunch. Shame the female nurse is the only one with balls and a strong moral compass in that place

You can bet my last paycheck if that had been my wife.....

napper's picture

I hope the thuggish "police officer" will get some prison time plus a big fine.

 

I'd urge the nurse to pursue civil suit against the thuggish "police officer" and the police dept. (Finding a good lawyer will be difficult, obviously)

ogretown's picture

I still believe that the majority of the police force do their jobs properly and this inept bully is not in the majority.  I think it is safe to assume that this cretin...this oaf, will soon find himself not only off the force, but behind bars where he belongs. 

Rakksan's picture

Your beliefs are pipe dreams. Majority of the police are thugs and goons. They also stood still and silent when the nurse was dragged out of the ER. This goon who you call an officer will walk.  Just watch. This happened in July and we are now getting an old story.

StreetObserver's picture

Make civil damages caused by cops paid out of their individual or collective pensions.

That would stop this kind of thing.

Individual's picture

The notion of the good cop is a fallacy. For every single one of them have sworn to initiate violence on the helots for the coffers of the State.

crazzziecanuck's picture

What makes this story more rich is that the semi truck driver they wanted to draw blood from was a reservist police officier from Idaho, prompting his boss in Idaho to send his thanks to the nurse.

cosimdm's picture

Recall the mayor, fire the cop , his supervisor, and the police chief. Any organization considering having any event is SLC whould think again.

geekz_rule's picture

#IntegrityB4Fraternity

 

My thoughts on the SLC PD vs. Nurse video:

 

this was a professional, clinical environment. In these events, both parties (clinical staff and SLC PD) are bound by protocols, rules, and law. The interaction appeared to maintain the active and relevant protocols in the beginning. When there was disagreement and contention, RN Wubbles (appears to be acting as Charge Nurse in this scenario), made the call, invoked the hospital's legal counsel by phone, and Officer Jeff Payne appears to be communicating with that counsel in the video. He was advised to STAND DOWN.

 

Instead (and THIS is the REAL ISSUE here, the matter for potential prosecution, the ROOT of the people's disgust), Officer Payne apparently lost his ability to maintain protocol, self discipline, and self control in the situation, and violently attempted to BRUTE FORCE his will in the matter (protocols and law be damned) As if in a child's tantrum, Officer Payne DISCARDED his ROB as an Agent of the Court, and became VIOLENT

 

everything else is BULLSHIT. Back stories, and peripheral points, unimportant and irrelevant. Officer Payne was unwilling to respect Authority (Law) and chose to make it personal.

To Hell In A Handbasket's picture

Only in the USSA. lol  Too many morons in the USSA have justified police brutallity for far too long, that the pigs act with total impunity, knowing retards in the sphere of public opinion, will defend all their actions even when caught on tape.

The cops were blatantly breaking the law and then compounded their illegality, by knowingly illegally arresting a nurse, WHO DID NO FUCKING WRONG!  My empathy for the citizens of the USSA and especially the cops has almost evaporated. For the USSA deserves every ill, pestilence and misfortune the earth and heavens can throw at it. 

As for the defenders of the faith IE: The police apologists? Shame on fucking you. For you are the biggest problem of the lot. For without your support and your fail to admonish this type of behaviour, the cops are now totally out of control.

Kina's picture

Generally in most western countries (I believe) you cannot gather forensic evidence from a person without their consent, unless they are under arrest, and that would be for a finger print.

But for DNA sampling or drawing blood you would need a court order, unless it was for a Drink driving allegation where some places have an approved system in place, after a person has failed a breathalyser, and it would be only for alcohol level, and some cases drug levels in the case of driving under the influence....

 

 

Jack4952's picture

Read the article carefully.

 

"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."

THUS:

1.) The hospital had a written policy (a "policy" is "private law" within an organization; a CONTRACT for all its employees)

2.) The Salt Lake City Police Department AGREED to this policy; and thus this contract (policy) now legally applied to the police officers. 

The police were trying to force this nurse to break this contract (policy) that also applied to the POLICE !!!! The other police officers had a duty to uphold this contract; and thus should have stopped the arresting officer - and arrested him!


Milton Keynes's picture

if you listen to the video the supervisor is saying "I have a problem with your policy interfering with our Law"...

While the police have the right to enforce the law, that doesn't mean they can dragoon people into being their servants...

 

 

NumbersUsa's picture

"Democracy has killed more people than the plague".

 You are so right, the jew supremacist invented "democracy" that has taken control of these United States, has done just what you said. Since 1913 we have been effectively hijacked by jew zionist supremacists. We no longer have a Republic, but a jew supremacist democracy (mob rule) overseen by zionist jew supremacist overlords. The jew George Soros (gyorgy schwartz) being one of them.

Just look how our goyim politicians bow the knee & bootlick AIPAC, CFR, and all the other jew organizations. The menorah is now lit on the whitehouse lawn, but the Nativity Scene is banned.

What President during the past 75 years received the many, many multitudes of full standing ovations by congress like Bibzi Netan-Yajoo received during his 2016 visit to congress-None. These dumber than dumb goyim are the slaves of the jew supremacists-Period.

The jew supremacist is "democracy" (rule by mob). We used to be a "Republic" (1776- Dec 1913) until the jew supremacists took control.

SIGN THE PETITION HERE:

 https://petitions.whitehouse.gov/petition/declare-george-soros-terrorist...

You will like this: jew supremacists on parade https://www.youtube.com/watch?v=gTgSmY5-_Sc


Montana Cowboy's picture

I don't see where the hospital prevented the police from doing the blood draw themselves. The hospital simply refused to do it for the police, which I believe they can do even if a warrant exists.

Theeconomist's picture

No, the officer was there to draw blood himself.  He was a detective who had been trained to do so.  The nurse would not let him in.  In the comment under or over mine, there is someone remarking how no one can be forced to draw blood.  This is why the police have someone on staff who can do it themselves.

Montana Cowboy's picture

You claim the nurse would not let him in. Was his room locked? I doubt it. The officer was trying con the nurse into either drawing the blood herself or, as a last resort, getting her consent. There is the lesson for everyone to learn. When an officer is seeking consent for anything, its because he knows he needs consent. Never issue consent and never cooperate with a police request.

Best video ever made why you should never cooperate with police. Brilliant law professor.   https://www.youtube.com/watch?v=d-7o9xYp7eE

Theeconomist's picture

No, the officer was there to draw blood himself.  He was a detective who had been trained to do so.  The nurse would not let him in.  In the comment under or over mine, there is someone remarking how no one can be forced to draw blood.  This is why the police have someone on staff who can do it themselves.

Jack4952's picture

1.) In most states the police are NOT allowed to draw blood. Either a doctor, nurse, or medical technician is required.

2,) Even IF the police had had a WARRANT, the warrant would need to specifically list the blood drawing. (as per the 4th Amendment)

3.) Even IF the police had such a warrant, NO hospital employee can be forced (under threat of arrest) to draw the blood.

As as former medical doctor, if I felt an action was ILLEGAL or UNETHICAL, I had the right to refuse.


Theeconomist's picture

The officer was trained and licensed to draw blood.  This is how they get around your right to refuse.

haruspicio's picture

What cunts a large proportion of US cops are. Thugs. School yard bullies who use maximum force at every opportuntiy. Go Alex sue these bastards.

haruspicio's picture

What cunts a large proportion of US cops are. Thugs. School yard bullies who use maximum force at every opportuntiy. Go Alex sue these bastards.

bardot63's picture

I don't do fakebook, so I'll leave a friendly note here for all Salt Lake City Cops who troll ZH: 

dear fuckwads (no caps, you don't deserve any):  you are led by a fucking moron, who should lose his job along with the dumbfuck officer who made an illegal arrest, the fuckwad supervisor who showed up to suck his officers dick, and any officers nearby who did not intervene to stop a crime by cop in progress (misprison).  You are all in the Drew Peterson Hall of Fame.  It's dipwad fuckbrains like you who give good cops a bad hands up don't shoot rep.  Please do the world a favor and eat your guns tonight, in your back yard to make for easy clean up.  

Sincerely,

fuck you.

 

yarpos's picture

Just the outcome of mindless fragmentation of police forces under the guise of control, independence and freedom.   Many and various levels of training, competence, monitoring, leadership etc.   Basically an out of control system exposed to the physchotic and the imcompetent few who will hot the headlines and drag the good people down.