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

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.

Comments

swmnguy wombats Fri, 09/01/2017 - 19:23 Permalink

This is Joe Arpaio, David Clarke policing.  This is our President telling the Long Island cops not to worry about the heads of people they're putting in the back of their squad cars.  And our President giving them grenade launchers and the like.  This is the philosophy that treated LaVoy Finicum the way they treat poor people everywhere in America (we pretend poverty and race don't correlate, which is why "Black Lives Matter" is somehow at odds with millions of poor whites who get similar treatment).The hard part of having values is that one has to be consistent.  The same rules apply to everybody, or your values aren't values, they're just self-serving excuses.  If your values are truly values, all these dirty, militarized, alienated cops who consider themselves to be different from and above us "Civilians" have to go.  All of them. If "Black Lives Matters" had any real leadership, they'd have made common cause with white working people long since, and then we'd see something that would scare The Swamp nigh unto death.  LaVoy Finicum did a hell of a lot more to justify his extra-judicial execution than Philando Castile did.

In reply to by wombats

end times prophet Keyser Sat, 09/02/2017 - 10:26 Permalink

I feel the need to do something serious about this and so I have unfriended them on Facebook and created a hashtag for everyone to tweet about it #ITHINKTHESLCPDAREREALLYBAD.  Notice the ALL CAPS.  That will let them know I am not taking it anymore.  The founders would be so proud.  Refreshing the tree of liberty and all that.

In reply to by Keyser

DownWithYogaPants end times prophet Sat, 09/02/2017 - 12:31 Permalink

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.I think it is pretty clear why the cops were doing this.  The guy struck the car being chased by the cops.  They hoped to find some sort of drug or alcohol in the blood so they could put the blame on the poor SOB that hit the car because of the high speed police chase and make it that much harder to sue for damages against the cops.The cops should definitely should be fired.

In reply to by end times prophet

fx DontGive Sun, 09/03/2017 - 06:46 Permalink

"Land of the brave and the free"There are still lots of brave people out there, this nurse being one of those. Land of the free? Are you kiddin'?Half of the world enjoys way more freedom by now than this N$A/C!A/GOOLAG police-state dicatorship, also widely known under the name U.S.A.

In reply to by DontGive

847328_3527 fx Sun, 09/03/2017 - 18:40 Permalink

Hard to understand why some cops act like this. Same with the thug who ripped the little guy out of his seat on UA and dragged him down the aisle.I understand when they actually need to use force but this stuff is unacceptbale. Esp when you see the pussy Berkley cops and Charlottesville cops stand idly by as they watch antifa beat people into coma.

In reply to by fx

Kickaha Eyes Opened Sat, 09/02/2017 - 11:16 Permalink

True enough.  This sort of thing happens 10,000 times a day all across the USA.  Cops generally know the law, understand its limitations, and hate how it complicates their job, which in their minds is to capture criminals, and protecting anybody's constitutional rights falls entirely outside their job description.  In fact, they generally think the constitution is a huge obstacle to the good guys catching the bad guys and seeing to it that they all end up in the hoosegow.Cops think the deck is horribly stacked against them in their battle against the criminal elements of society.  They think they are fighting the good fight with both hands tied behind their back.  How much easier would be to catch "the bad guys" if you could just beat the shit out of a potential informant?  How much easier would it be if you could gather evidence without the rigamorole of obtaining a search warrant beforehand?The perps don't need a search warrant before breaking in to a home or business.  They can beat the shit out of whomever they please.  They can and do tell lies all day until the cows come home, and  then tell lies all night, too.  So, to even the playing field, cops eventually decide it is entirely OK for them to lie, too.Well, the one thng the cops know they can legally get away with is lying to citizens, and they continually do so, both in what they say to you, and in what they don't say to you.They'll lie to you about having the right to look in the trunk of your car when they do a traffic stop.  So, if you're dumb, you say "OK" and open your trunk for them.  They'll politely ask if they can enter your home, then quickly enter once you say "OK", pushing you off to the side, if necessary.  Why bother with those pesky warrants if you can sweet talk somebody in to giving you their consent to an otherwise unlawful search?What happened to this nurse in Utah is a natural consequence of all of these lies and deceptions.  Some people are not taken in so easily, so the cop gets surly and threatens to "arrest" you, or "put you in the squad car and take you down to the station" for further interrogation.  If the citizen still won't do what the cop wants, he ramps it up by threatening to "arrest you for interfering with the duties of a police officer".  These are all lies, but a lot of people, looking at a large, annoyed man in a uniform with a gun strapped to his waist, get nervous and relent.  If they continue to refuse, the cop may step into a very gray area and actually put the person in cuffs and sit them down in the squad car.  The person might then ask "Am I under arrest?"  The cop won't answer that question.  Technically, you are not under arrest until you are told by the cop that you are under arrest.  Once he tells you that, he must Mirandize you, which includes telling you to shut up and maybe get a lawyer.  That is the last thing in the world he wants you to do, so he won't tell you that you are under arrest.Eventually, the cop, pissed off that you didn't swallow his deception, and not really wanting to ferry you around all day as he makes his rounds, will take you out of the back seat of his squad car, remove the cuffs, and inform you that you are free to go.Technically, you were never "under arrest", so you can't sue for false arrest.  You could sue for assault, battery and false imprisonment, I suppose, but I've never seen such lawsuits actually being filed, so obtaining damages in Court in a civil action for such occurrences must be legally more difficult than in similar purely civilian cases, perhaps complicated by issues of governmental immunity or maybe some sort of qualified privilege possessed by policemen properly doing their job.Besides, cops lie all the time under Oath in Court.  Why not?  They see perps tell fictional stories all the time on the witness stand.  It's so unfair!!!  So it is unlikely that there will be any agreement as to the basic facts underlying the cause of action, in the absence of that pesky video evidence.  If there is no video, the cop will make up a fairy tale and put it in his written report of the incident ("the woman then kneed me in the vicinity of my groin").After all, the cops see themselves as "the good guys", and the ends justify the means.

In reply to by Eyes Opened

Al Gophilia swmnguy Sat, 09/02/2017 - 08:36 Permalink

"What is Happening? What is Happening?"Your cognitive dissonance and normalcy bias is being assaulted. Your belief in asinine statements; "If you don't do anything wrong, you have nothing to worry about from the police, or, comply with authorities at all times when directed." is being challenged. Your little civil world is being undermined by people who have to protect their power structures at any cost. One of those strategies is to militarize the police. Wake up.Rise up.

In reply to by swmnguy

BarkingCat flyingcaveman Sun, 09/03/2017 - 09:24 Permalink

Probably, but the black were dumber than a bag of banana peels and chose to make martyrs out of thugs and criminals.They did not stop there. They behaved like criminals themselves and burned and destroyed any neighborhood where they gathered for a protest.Peaceful blacks don't want to be caught in the middle of a chimp out. That goes double for non blacks.

In reply to by flyingcaveman

knightowl77 Gen. Ripper Fri, 09/01/2017 - 17:11 Permalink

Granted this was an abuse of power, but hardly the 1st time...In Kalifornia the vehicle code uses what is called "Implied Consent". I believe it nationwide. Driving is a priviledge and not a right, when you obtain your license to drive you have given the state permission to test you for being under the influence. You can refuse the test, but then forfeit your license and the presumption is that you are guilty of being under the influence. A response to the requests from M.A.D.D. and your other politically correct politicians.

In reply to by Gen. Ripper

pods Eyes Opened Sat, 09/02/2017 - 07:35 Permalink

Actually it does. You contract away your 4th amendment rights for the privilege of "driving a motor vehicle." That's why they make you sign your license. Also why people have signed their licenses with that UCC thing, to declare they are not waiving their rights with that contract. It sucks but that is how it is. (of course that is not the issue in this case because there is a law to protect people from random DNA collection by cops)pods

In reply to by Eyes Opened

BarkingCat pods Sun, 09/03/2017 - 09:55 Permalink

Not too long ago I heard someone on YpuTube make an excellent argument against the concept that it is possible to wave one's constitutional rights.Of course, we all know that it does not matter whether someone is correct but rather how a judge, who is a scum sucking lawyer, will rule based upon some assine "interpretation".

In reply to by pods

chunga JRobby Fri, 09/01/2017 - 14:54 Permalink

I certainly hope she sues the shit out of everybody she can, the popo dept, Payne and the supervisor, and probably all the other popos for not reeling this in. In fact what I'd do is award everything they own to the nurse, fire them today and put them in prison.To figure out what happened I read a little elsewhere and the cops were chasing some guy (who is dead) and during the chase apparently this guy got crashed into. Why so hell-bent on getting his blood? My guess is they wanted to blame him for something because he's probably got a good reason to sue also.It's not just this though. It's everything from top to bottom. I've been watching, in complete disgust, the Clintons get away with literally murder for my entire adult life and FBI just came out and said nobody is interested. It is coming to a head.

In reply to by JRobby