Illegal arrest?

During a "No Refusal" weekend in Texas they still need a warrant to draw blood.

During a "No Refusal" weekend in Texas they still need a warrant to draw blood. Originally Posted by Munchmasterman

Getting a court order authorizing the withdrawing of blood doesn't resolve any of the offensive issues regarding the process and does not address the THE PRIMARY ISSUE of who is going to draw the blood (meaning who is qualified to draw the blood and who is qualified to testify about the process with sufficient medical credentials for the testimony to be admissible).

During a "No Refusal" weekend in Texas they still need a warrant to draw blood. Originally Posted by Munchmasterman

No such thing as "No Refusal". The police cannot suspend people's rights.

Who trained and certified this Officer as a phlebotomist? Was it the Police Dept. or was he trained in another profession? I've never heard of a local Law enforcement agency training any of it's personal to perform any type of medical procedure other than First Aid such as performing CPR or applying a tourniquet ect.

Jim Originally Posted by Mr MojoRisin

Dunno,

That is simply what the article in the OP stated. It didn't day anything about the training

So you thinks Hospital security was supposed to arrest the police officer?

It would have been awesome if so but not very realistic. . Originally Posted by WTF

IF they are not there to PROTECT hospital staff meaning YES THEY should have citizens arrested that officer, WHAT THE HELL was their purpose being there??

I'm not sure if the hospital's policy, while having good intentions, isn't benign. Originally Posted by grean

The Hospital's policy is in FULL Compliance with a Scotus decision that "implied concent" does NOT apply to drawing blood from unconscious people cause they merely have a drivers license..

Let it be known that police must act lawfully and not above or outside the law. They will be prosecuted like anyone else, if they fail to act lawfully. Originally Posted by grean

I fully agree. And as i mentioned on another thread, i FEEL COPS breaking the law are two time losers. ONCE for breaking the law, ONCE for breaking their damn OATH to uphold the law..

The police officer was a trained phlebotomist sent to collect the blood sample himself. If the nurses do not interact with police officers, what is keeping the police
phlebotomists from just walking in and taking the sample? The nurses need to continue to do exactly what this one did.

I am very certain police with warrants will continue go into any area that their warrant allows.


I'm not sure if the hospital's policy, while having good intentions, isn't benign.

I think the best policy here charge him and strip him of his badge.

Let it be known that police must act lawfully and not above or outside the law. They will be prosecuted like anyone else, if they fail to act lawfully. Originally Posted by grean

cop has been fired.

cop has been fired. Originally Posted by bamscram

Not as a police officer but just his second job.

If you or I put hands on a nurse, we're sitting in county right now.

Because he abused his power in such a way, his punishment should come faster.

Because he abused his power in such a way, his punishment should come faster. Originally Posted by grean

You mean .... no trial ... no jury ... no due process ...

... just a good ole fashion lynching?

You mean .... no trial ... no jury ... no due process ...

... just a good ole fashion lynching? Originally Posted by LexusLover

Not at all. However, he is currently not charged and is free.

Had he not been a cop he would have been immediately charged and arrested .

Like any other time with any other person, making arrest and charges do not hinder the investigation from continuing.

There are many instances where an initial arrest is made and charges are made only to be reversed after further investigation clear the suspect.


It seems they give him the benefit of the doubt which isn't extended to suspects who aren't police. This only causes more public trust to be lost.

Not at all. However, he is currently not charged and free. Originally Posted by grean

As far as you know. If there has been anything learned from Rodney King to Ferguson, and beyond, it should be that internet rush to to judgment is not a reliable endeavor. I could take a poll ...

but anyone who claimed otherwise would be lying ... but I suspect there is only one person posting in here who has seen the ENTIRE Rodney King arrest video as opposed to the few minutes shown all over the media ... even through the state and federal trials of the officers involved.

Even after Obaminable's "Team" investigated Ferguson the bullshit continued ... well, this, and well, that!

DA's generally don't rush to judgment and the one's who do get fucked!

It's usually because they "over charge" to make a headline.

As far as you know. If there has been anything learned from Rodney King to Ferguson, and beyond, it should be that internet rush to to judgment is not a reliable endeavor. I could take a poll ...

but anyone who claimed otherwise would be lying ... but I suspect there is only one person posting in here who has seen the ENTIRE Rodney King arrest video as opposed to the few minutes shown all over the media ... even through the state and federal trials of the officers involved.

Even after Obaminable's "Team" investigated Ferguson the bullshit continued ... well, this, and well, that!

DA's generally don't rush to judgment and the one's who do get fucked!

It's usually because they "over charge" to make a headline. Originally Posted by LexusLover

If say, Garhkul or Bamscram assaulted the nurse, and police were there and witnessed the assault, wouldn't our two friends be immediately arrested?

I suspect that is why the other police officer on the scene was also placed on leave. Had he intervened, and stopped the other cop from committing an unlawful act, he probably would still be active.

If say, Garhkul or Bamscram assaulted the nurse, and police were there and witnessed the assault, wouldn't our two friends be immediately arrested? Originally Posted by grean

Having not seen and heard the entire event from beginning to end, which means those events leading up to the nurse being involved and the final injury to the nurse .... then I think it is inappropriate to offer an opinion as to who would or would not be arrested, not to mention being unfamiliar with the criminal statutes and criminal procedural statutes in the state where the incident occurred.

Martin-Zimmerman is a good example of why not to rush to judgment.

The underlying flaw in this whole "discussion" is the failure to mention that a "blood test" is not required to prove someone is "intoxicated" ... at least in the States of which I am familiar ... and I think that is fairly uniform in the "Model Penal Code" states. It's not in Texas, I know.

Having not seen and heard the entire event from beginning to end, which means those events leading up to the nurse being involved and the final injury to the nurse .... then I think it is inappropriate to offer an opinion as to who would or would not be arrested, not to mention being unfamiliar with the criminal statutes and criminal procedural statutes in the state where the incident occurred.

Martin-Zimmerman is a good example of why not to rush to judgment.

The underlying flaw in this whole "discussion" is the failure to mention that a "blood test" is not required to prove someone is "intoxicated" ... at least in the States of which I am familiar ... and I think that is fairly uniform in the "Model Penal Code" states. It's not in Texas, I know. Originally Posted by LexusLover

This video shows more of the incident.

Jim


https://youtu.be/8Wiyco6U7pU

This video shows more of the incident.

Jim


https://youtu.be/8Wiyco6U7pU Originally Posted by Mr MojoRisin

So? "More" is not "all"!

If say, Garhkul or Bamscram assaulted the nurse, and police were there and witnessed the assault, wouldn't our two friends be immediately arrested?

I suspect that is why the other police officer on the scene was also placed on leave. Had he intervened, and stopped the other cop from committing an unlawful act, he probably would still be active. Originally Posted by grean

Cop had your IQ. Other cop was smarter and covered his ass.