ER nurse illegally detained?

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aaangel
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ER nurse illegally detained?

Postby aaangel » Fri Sep 01, 2017 7:08 pm

http://dfw.cbslocal.com/2017/09/01/nurs ... E.facebook

im sure you've seen this viral video on social media. To all ems workers and leo's, id like to hear your take on this. from watching the whole thing, this could have been handled much different! Also, as some of you know i work in the ER. so you already know which side im on. but why was she arrested? was she obstructing justice?
Last edited by aaangel on Fri Sep 01, 2017 8:24 pm, edited 1 time in total.
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Re: ER nurse arrested???

Postby twomillenium » Fri Sep 01, 2017 7:41 pm

From what I see by the video, I hope the officer has enough years to retire. If he does, then he should be told to do so immediately. If he doesn't, maybe he should find another line of work. There is no room for an officer who thinks he is above the law and the rules do not apply to him.
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Re: ER nurse arrested???

Postby carlson1 » Fri Sep 01, 2017 8:09 pm

She wasn't arrested. She was set in the patrol car for about 20 minutes and "let go without charges." She may not have been arrested, but I do believe she was illegally detained.

Someone should be looking for employment.
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Re: ER nurse arrested???

Postby puma guy » Fri Sep 01, 2017 8:14 pm

The arresting detective has been suspended from blood draw duty. I'm wondering why he's not suspended from duty period. I'm not a lawyer, but I can't think of a legal tenet that would give a police officer the ability to force a hospital to draw blood and provide it as evidence on the VICTIM of an accident, if there's no consent, no warrant and no arrest and enforce it with threat of arrest for refusing. I hope we haven't reached that point! The latest news release I read said no law suit has been filed, but the nurse has a lawyer. Just a matter of time IMHNALO.
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Re: ER nurse arrested???

Postby aaangel » Fri Sep 01, 2017 8:23 pm

our ER only does blood draws on arrested individuals suspected of DWI.(btw this weekend is no refusal, so be safe out there) We have a great rapport with GPPD with them knowing as part of the community we do it as a service to them and they are very appreciative of it! same thing when we need them in our ER, they are there!

ps. i updated the title. thanks Carl :tiphat:
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Re: ER nurse arrested???

Postby puma guy » Fri Sep 01, 2017 8:26 pm

carlson1 wrote:She wasn't arrested. She was set in the patrol car for about 20 minutes and "let go without charges." She may not have been arrested, but I do believe she was illegally detained.

Someone should be looking for employment.

I have to differ with that. Immediately after the person on the phone says "your making a huge mistake Payne goes off on her "no, we're done, we're done, you're under arrest" after which he grabs her, restrains her and cuffs her. In my book that pretty much looks like an arrest! :lol:
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Re: ER nurse illegally detained?

Postby thatguyoverthere » Fri Sep 01, 2017 8:38 pm

I'm always curious in situations like this: what would have been the outcome if there was no video? What if it were just an old fashioned "he said/she said." That's just a rhetorical question, BTW. I'm pretty confident of what the outcome would have been without video.

I just don't understand why this kind of stuff (police misconduct) seems to keep happening over and over and over. Yes, I know there are thousands of police/citizen interactions every day that are done correctly, with courtesy and professionalism. Yet, we continue to see these kinds of events frequently. Why? Lack of training? Lack of pride in professionalism? Habit because they get away with this kind of behavior most of the time? Stress? Emotional fatigue from dealing with certain types of people so often?

Maybe what we really need is an unbiased, in-depth study to find out the root causes of why this kind of thing happens. Maybe if we knew WHY, then maybe we could fix the problem. Because this is definitely a problem, IMHO.

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Re: ER nurse arrested???

Postby puma guy » Fri Sep 01, 2017 8:42 pm

aaangel wrote:our ER only does blood draws on arrested individuals suspected of DWI.(btw this weekend is no refusal, so be safe out there) We have a great rapport with GPPD with them knowing as part of the community we do it as a service to them and they are very appreciative of it! same thing when we need them in our ER, they are there!

ps. i updated the title. thanks Carl :tiphat:

The person they wanted blood from was a truck driver (and off duty LEO) who was a victim. What need was there for his blood to be drawn for police use?
He was head-oned by a guy fleeing police. I police stated there was implied consent which is not true under the law.
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Re: ER nurse arrested???

Postby ELB » Fri Sep 01, 2017 8:45 pm

I keep deleting my draft replies.

I will say it would take more than the chief of police's apology to mollify me, were I that nurse.

The law is squirrelly enough that for all I know it may be true that the cop could legally demand a blood draw from an unconscious unconsenting "victim" without a warrant, but if not, he should be facing assault charges, and the other cops with him should be disciplined for not intervening.
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Re: ER nurse illegally detained?

Postby aaangel » Fri Sep 01, 2017 8:47 pm

[/quote]
I have to differ with that. Immediately after the person on the phone says "your making a huge mistake Payne goes off on her "no, we're done, we're done, you're under arrest" after which he grabs her, restrains her and cuffs her. In my book that pretty much looks like an arrest! :lol:[/quote]

well in my citizen patrol academy days, they told us your picture has to be taken in order to be an official arrest. they never took her for "the ride" LEO chime in...
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Re: ER nurse illegally detained?

Postby ELB » Fri Sep 01, 2017 9:02 pm

One thing I am getting from other sources that I didn't get from the article is that the detective was apparently intending to do the blood draw himself. I was unaware until now that there are police officers, in some PDs, trained to do actual blood draws. She was telling him no he couldn't, even if she was wrong, I don't see how dragging her out of the hospital and cuffing her was necessary for him to do a blood draw, and frankly that makes her less culpable even if the draw was legal. Clearly she wasn't in the way, and in fact once he put her in the car it looked like he just stood around instead of going back inside to do this allegedly necessary and legal blood draw.

Also did some quick reading on "arrest" vs "detain" -- confusing to apply, but sure seemed to lean towards "arrest." Especially since he announced it as an arrest several times.
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Re: ER nurse illegally detained?

Postby bblhd672 » Fri Sep 01, 2017 9:23 pm

This incident happened in July. The nurse and her attorney took the video public yesterday (Thursday) apparently because the police department was dragging its feet.
No video no problem for thug police, got video got problem with mayor and city attorney calling for prosecution of thug police. He deserves to be fired and never allowed to work in law enforcement again.
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Re: ER nurse illegally detained?

Postby ELB » Fri Sep 01, 2017 9:49 pm

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Re: ER nurse illegally detained?

Postby philip964 » Fri Sep 01, 2017 9:51 pm

Interesting case.

If she was arrested/detained for stopping the police officer from drawing blood himself. That is one thing.

If she was detained/arrested for failing to commit a crime against the patient that is completely a different matter.

I understand both parties were on the phone with their supervisors. The police officer was being told by his supervisor to get the sample.

The officer is still on duty, but not in the blood draw business. Most likely because he was following orders.

I wish violating a persons civil rights ended up with some jail time more often.

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Re: ER nurse illegally detained?

Postby Oldgringo » Fri Sep 01, 2017 9:52 pm

This story is a long way from over and could very well prove be an instance where everybody was right and nobody was wrong. :rules: Stay tuned.


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