chasfm11 wrote: ELB wrote:
philip964 wrote:...The simple act of drawing blood would have not harmed the patient. If it would have she would have said so.
A blood draw is far more invasive than a trunk search, and it is not harmless. she didn't have to explicitly say so either -- this is subsumed in the whole point of informed consent. Generally a blood draw results in a small harm that heals quickly, but it can have serious consequences even with the most skillful of medical people. There are situations where implied consent would allow one to draw blood and perform other procedures that have inherent and consequential harms, but that implied consent is resting upon the purpose of the procedure being to save the patient's life or prevent greater harm to the patient's health. The blood draw the cop wanted certainly did not fall into this exception.
I caught phlebitis from a needle site done in a hospital. The infection required a week in the hospital with IV antibiotics to correct.
While I understand that the officer was responsible for his actions, it was mentioned earlier that the Lieutenant ordered him to bring back blood or a body. That suggests to me that the Lieutenant understood that there was push back and responded with force. He should be at least as culpable for the outcome as the detective was if not more so.
I can't verify it, but from the quotes, and reports, it sounds like the CO was also suspended.
This was definitely a case of, "because I said so" , rather than any justifiable action, on the part of the officers involved. I know the police chief, is being as tactful as possible, and not publicly condemning the actions of his officers, but, with the backlash, and the obviously unjustified actions, I would lean toward their firing. The only issue I have with the investigations, is that an outside agency, should be doing it, like here in Texas, the DPS, will often take over the investigation, of officer misconduct, if, for no other reason, than to remove the cloud of impropriety. JMHO
Edit to add: This investigation, should not have taken a month to complete, they had the body cam video, they had the witnesses, who could give statements, and they have a legal team, to sort out what, if any authority, the officer(s) may have had for their actions. Instead, they sat on it, and took no action, until the video, went public. It looks a whole lot like they were hoping, it would just go away, without anything being done.