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Watching The Cops Title: Nurse: “Scared to death … really betrayed” by arrest Wubbels tells Camerota that she feels “really betrayed,” and not just by the SLCPD either: — CNN (@CNN) September 4, 2017 “I was scared to death,” she said. “I was obviously very frightened … I really feel betrayed.” She said she feels betrayed by the police officers and by the university police and security. Wubbels alerted the university PD when Detective Jeff Payne first got there, feeling he was out of control and a potential problem. They ended up doing nothing, and so Payne told Wubbels that he was going to leave the hospital “with blood vials or a body in tow.” Wubbels stood her ground, and Payne arrested her, pushing her violently out the door in full view of hospital staff … and security cameras, not to mention his own body camera. Wubbels tells NBC that the police need to police themselves if they want to rebuild trust with the Salt Lake community — and the same goes for the university PD, too: That’s not an overstatement. The incident touched off anger in the Salt Lake Valley that may still be crescendoing. The Salt Lake Tribune reports that residents in the city have been flooding 911 with protest calls — some of which purport to call in an assault at the hospital, and then describe Wubbels’ arrest by Payne. The SLCPD had to put out a public request giving out a special number for protest calls in order to keep 911 resources from being overwhelmed. The protest even spread to other communities, prompting other police agencies to distance themselves from Payne while praising Wubbels: Meanwhile, a criminal probe has been opened into Payne’s conduct: Payne may be risking more than one job. He also moonlights as an EMT, and remarked to other police officers that he might retaliate against University Hospital by dumping transients on them. The SLC Tribune reported that those comments certainly got the attention of his other boss: When the other officer tells Payne that the staff at the hospital probably won’t be very happy with him, Payne responds, ”I’ll bring them all the transients and take good patients elsewhere.” … Gold Cross President Mike Moffitt said the company was conducting an internal investigation into Payne’s conduct. The company was not aware of the incident prior to media reports Thursday, he said, adding that he was dismayed and surprised as he watched the videos. For now, Payne finds himself on administrative leave from his police job while the mayor and police chief try to make amends with the hospital and Wubbels: Earlier in the day, Brown and Biskupski called the University Hospital nurse, Alex Wubbels, to apologize. They then held a news conference, saying they were alarmed by what they saw on police body camera footage of the arrest, which took place July 26, and said changes to police blood draw policies and officer training had been made. Wubbels knew the law better than the police. NBC correctly points out that the Supreme Court ruled last year that blood cannot be taken without a warrant or patient consent. The ruling in Birchfield last year related specifically to driving under the influence. In fact, the dissents from Justice Sonia Sotomayor in Birchfield didn’t argue for warrantless blood searches, but to require warrants for breathalyzers, which the majority allowed without warrants. Justice Clarence Thomas wanted to classify blood draws and breathalyzers alike too, but to allow them under exigent circumstances when probable cause for drunk driving existed. However, the accident in this case was caused by a suspect in a police chase, and Payne had no reasonable cause to suspect the patient of being at fault in the accident, let alone being impaired before it. Oh, and as it turns out, the patient was — wait for it — a police officer who had committed no crime at all. William Gray was working his full-time job as a truck driver when a police chase resulted in a collision with Gray’s truck, but he’s also a reserve officer for the Rigby, Idaho police department. Salt Lake City PD had no reason to suspect that he committed any crime, and the Rigby PD immediately issued a public statement hailing Wubbels’ “heroic” act in protecting his rights: The Rigby Police Department would like to thank the nurse involved and hospital staff for standing firm, and protecting Officer Gray’s rights as a patient and victim. Protecting the rights of others is truly a heroic act. Payne deserves a full hearing to determine his status with law enforcement, and the full benefits of due process. Had Payne concerned himself with due process for Gray, ironically, he wouldn’t need it now. So far, Wubbels has not filed a lawsuit, but it’s a pretty good guess that SLCPD will consider Payne a liability whether she does or not. By the way, NBC also notes that Wubbels is a former Olympian: Wubbels gets a gold medal here. Poster Comment: This story has taken on a real life of its own, in Utah and well beyond. The video shows the campus cops just standing there and doing nothing to protect her as she was hauled out of her workplace unlawfully. Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Comments (1-9) not displayed.
But then, she was a two-time Olympian and a woman being roughly manhandled by a man twisting her arm behind her back as he shoved her out of the hospital like some criminal. Better yet, it was a video of a two-time Olympian/woman/nurse being roughly manhandled by a man twisting her arm behind her back as he shoved her screaming "help me" out of the hospital like some criminal. Now, put that video on YouTube, lie about the legality of the blood draw, interview linguini- spined police officials who value their personal pension over the reputation of their subordinates, and we end up with the rule of man instead of the rule of law.
#11. To: Tooconservative (#6) Obviously, in your mind. But it isn't true. I'm telling you that L.Ron Hubbard is the re-incarnation of Joseph Smith! When will you people wake up?
#12. To: Tooconservative (#8) There is another report out that the police department of the victim officer thanked the nurse for sticking up for the injured officer. Why do you think misterwhite lies about the nurse breaking the law?
#13. To: buckeroo (#11) I'm telling you that L.Ron Hubbard is the re-incarnation of Joseph Smith! When will you people wake up? You need to make it your mission in life to inform everyone of the Smith/Hubbard reincarnation threat.
#14. To: A K A Stone (#12) There is another report out that the police department of the victim officer thanked the nurse for sticking up for the injured officer. Their statement is the second-to-last gray quote in the article above. Yes, they thanked her very nicely.
Why do you think misterwhite lies about the nurse breaking the law? He has to try to cling to any shred of legality to make his argument, such as it is.
#15. To: Tooconservative (#9) Just because the law hasn't been challenged and struck down does not mean it is in force, even if it is still on the books officially. I see. Did you tell the cop that? Did he know that new rules were in effect? Was he aware that laws on the books mean nothing, and that those laws are subject to the whims of the YouTube audience? Perhaps the cop should do a YouTube poll before he attempts to enforce any law. You never know. "The nurse was 100% right, legally and ethically." Nope. She was wrong to interfere with a law enforcement officer acting under State of Utah law. She was not only ignorant of the law, but she was ignorant of the fact that blood on HER patient had already been drawn. Some nurse. That would have ended the conflict right there. "Naturally, she is a sympathetic figure to the public." Obviously not to me. So you're saying the law shouldn't apply to sympathetic figures? Lady Justice should lift the blindfold and peek to see if the person is a sympathetic figure? Hey, those 800,000 DACA kids look like sympathetic figures, too. Let's just go ahead and make them U.S. citizens. F**k the law. OK with you?
#16. To: A K A Stone (#12) Why do you think misterwhite lies about the nurse breaking the law? Obstructing a police oficer IS breaking the law.
#17. To: misterwhite, A K A Stone (#15) I see. Did you tell the cop that? Did he know that new rules were in effect? Was he aware that laws on the books mean nothing, and that those laws are subject to the whims of the YouTube audience? The Supremes ruled on this last year. It is his responsibility to know; it is his police department's responsibility to ensure that he knows the law.
She was wrong to interfere with a law enforcement officer acting under State of Utah law. He was acting unlawfully. You can go argue about that with the USSC if you like. Until they change their minds, he was acting unlawfully under color of authority. And you can't explain that away.
Obviously not to me. So you're saying the law shouldn't apply to sympathetic figures? Lady Justice should lift the blindfold and peek to see if the person is a sympathetic figure? Hey, those 800,000 DACA kids look like sympathetic figures, too. Let's just go ahead and make them U.S. citizens. F**k the law. OK with you? Now you're just sounding kind of desperate, like someone who already knows they're in the wrong but won't admit it. So you try to inject other issues into what is a straightforward case of police abuse of a nurse who obeyed the law and protected her patient. Have you noticed that no one single official in Utah is backing the bad cop? Not the mayor, not the chief of police, not the highway patrol, no state legislators, no assorted congeries of deputies' and sheriffs' and police organizations, none. Not even one. In fact, you are the only person in America trying to defend this idiot cop.
#18. To: Tooconservative (#14) He has to try to cling to any shred of legality to make his argument, such as it is. Not "to make his argument". It's instead "to defend a cop".
#19. To: buckeroo, Tooconservative (#11) (Edited) When will you people wake up? When the scientologists start burning police cars, and looting Mormon Underwear shops?
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41-6a-520(1)(a)
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Perhaps misterwhite can explain to us how this Rotten Cop, having had no part in the accident scene and just showing up at the hospital, had any reasonable cause to suspect impaired driving by the victim.
Then he can explain how the Rotten Cop informed the (unconscious) victim that he had a right to refuse blood and breath tests and then read him the legally required state form to tell him he could refuse the tests and what the consequences would be.
According to a Utah law firm that defends DUI cases: "If a law enforcement officer arrests a driver for a Utah DUI he has to read the driver the Utah Implied Consent Admonitions form before conducting the chemical test. The admonition form explains to the driver the consequences of taking a chemical test and of not submitting to the chemical test."
But the Rotten Cop had no grounds whatsoever to believe this driver was impaired while driving. And he did not inform the patient he could refuse to allow a blood test as required by Utah law.
Even prior to the USSC's decision striking down the sanctions on refusal of blood tests in many states, the Rotten Cop had no defense for what he did under Utah law, a serious matter for someone who had been given the rights (and responsibilities) of a detective, i.e. this was no rookie and he was fully responsible to know the law and its proper applications.
No probable cause at all, no reason to believe the victim was impaired in any way. No consent for a blood test from the (unconscious) patient as required by law, no legal warnings of the consequences of refusing the (implied consent) blood test.
The Rotten Cop is screwed. I wouldn't be surprised if he serves six months in prison for this, even in cop-happy America.
misterwhite seems to think that "implied consent" means that any cop can sneak up on any driver of a motor vehicle and just take their blood for any reason at any time. That is not true in any American jurisdiction.
Almost forgot the required graphic...
The Supremes ruled on this last year.
Yeah. They said you need consent. Getting a driver's license in the State of Utah gives law enforcement implied consent to draw blood.
"He was acting unlawfully."
Nope. Do I need to cite the State of Utah statute again?
Have you noticed that no one single official in Utah is backing the bad cop?
Yep. Pisses me off. Because the cop was right. The officials are pussies, not wanting to rock the PC boat.
Show me the law she broke nolu chan style.
Index Utah Code
Title 76 Utah Criminal Code
Chapter 8 Offenses Against the Administration of Government
Part 3 Obstructing Governmental Operations
Section 306 Obstruction of justice in criminal investigations or proceedings -- Elements -- Penalties -- Exceptions.
76-8-306. Obstruction of justice in criminal investigations or proceedings -- Elements -- Penalties -- Exceptions.
(1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that constitutes a criminal offense:
Why are your citing old statutes which have been superceded? Bullshit argument which I am happy to ignore. I posted the current statute, again, below. Read it and stop wasting my time.
"Perhaps misterwhite can explain to us how this Rotten Cop, having had no part in the accident scene and just showing up at the hospital, had any reasonable cause to suspect impaired driving by the victim."
He was the trained police phlebologist ordered to collect a blood sample by his supervisor.
"Even prior to the USSC's decision striking down the sanctions on refusal of blood tests in many states, the Rotten Cop had no defense for what he did under Utah law"
The statute you conveniently ignore, than ignorantly ask a question about:
Effective 5/9/2017
41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.
(1) (a) A person operating a motor vehicle in this state is considered to have given the person's consent to a chemical test or tests of the person's breath, blood, urine, or oral fluids for the purpose of determining whether the person was operating or in actual physical control of a motor vehicle while:
Nope. Do I need to cite the State of Utah statute again?
You did not cite the statute. I posted it above. You simply don't understand the statute's rather plain language.
"Implied consent" is not a prior consent to any taking of blood or breath samples at all, even in cases where they have already arrested someone for DUI. Stop pretending it is. The statute explicitly rules out taking samples without consent.
That was never the law in Utah or in any other state. It isn't my fault that you don't understand this.
Effective 5/9/2017
41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.
Give your source. I haven't been able to find one that explicitly states it was updated on 5/9/2017 which is what you are trying to claim here.
Also, the opening sentence of the statute you are quoting has had that same exact wording for years, at least since 2010 that I can see, via the 2010 Utah statutes at Justia.com.
Further, you always ignore section b) which follows directly your section a).
(b) A test or tests authorized under this Subsection (1) must be administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of a motor vehicle while in violation of any provision under Subsections (1)(a)(i) through (iii). |
The officer must have reasonable cause to suspect that the suspect was driving while impaired. Yet the Rotten Cop was not even at the crime scene. And he couldn't have smelled alcohol on him because most of his body had been on fire until the Utah highway patrol put out the flames.
So where is the reasonable cause that Rotten Cop was required to have before demanding any sort of medical test?
And it only gets worse for you. As we look through the statute, we find repeatedly that the officer must obtain consent, without exception. Rotten Cop did not have that consent because the patient was unconscious.
So where is the reasonable cause that Rotten Cop was required to have before demanding any sort of medical test?
He was ordered by his supervisor to the hospital to draw blood.
I did another search for recent bills in the Utah legislature and came up with the following:
Effective 5/9/2017 41-6a-520. Implied consent to chemical tests for alcohol or drug -- Number of tests -- Refusal -- Warning, report.
Amended by Chapter 181, 2017 General Session |
Anyway, we find that Section 1a and 1b are still the same as they have been for decades. The officer must have reasonable cause to believe that a driver has blood levels of alcohol or drugs in violation of Utah law.
Rotten Cop had no such reasonable cause to believe this about another officer (the accident victim) and was not even present at the accident scene.
Nor was there any changes in section 2a: "A peace officer requesting a test or tests shall warn a person that refusal to submit to the test or tests may result in revocation of the person's license to operate a motor vehicle".
Rotten Cop did not "request a test". The patient was unconscious at the time.
Rotten Cop did not "warn a person" about refusal. Again, the patient was unconscious.
Utah state law has no provision for LEO to obtain any blood sample under the implied consent law whatsoever. For any other purpose, such as involuntary blood tests in other types of cases, they must get a warrant from a judge.
He was ordered by his supervisor to the hospital to draw blood.
So he says.
Where are the radio recordings to back up his story?
Why would he, a SLC Unified PD detective, be doing this job when it was entirely a Utah state patrol accident?
Again, he did not have reasonable cause.
Again, he did not request a blood test from the (unconscious) driver.
Again, he did not warn the (unconscious) suspect that he could lose his license for refusing to submit to a blood test.
There is nothing in the law to support what Rotten Cop did.
You may as well admit it. You're just making yourself look like a total scumbag.
BTW, I did find where Utah did the changes in July 2017. It had to do with conditional licenses and operating a boat drunk in a law that sunsetted in 2015 and they just finally updated the implied consent statute to harmonize these changes.
Utah: HB0193, 41-6a-520 changes for 2017
This HB0193 was a big housekeeping bill to update a lot of statutes, 41-6a-520 among them.
There is nothing in the law to support what Rotten Cop did.
Then why is the department changing their policy on blood draws? I mean, if Mr. Rotten Cop was being a real cowboy, breaking all the rules, arresting people, demanding things he wasn't entitled to by law, why make changes to good policy?
Unless he WAS following long-standing lawful procedures and now the department is using him (and his supervisor) as scapegoats to cover their asses.
But go ahead. Blame the cop. It's what you're good at.
Rotten Cop did not "request a test". The patient was unconscious at the time.
Hence, "implied consent" in the title of the statute .
If the statute only covered drivers who were conscious and could give consent, then the statute would simply read "consent".
Obtaining a driver's license in the State of Utah means you give your consent to a blood draw whether you're conscious, unconscious, alive or dead.
And I bet the police phlebologist (Mr. Rotten Cop) could cite a dozen instances where this wasn't a problem at the hospital. Until he encountered Ms. Stupid Nurse who doesn't know her ass from a hole in the ground. But we haven't heard his side, have we? Just Ms. Blabbermouth Nurse.
The nurse was wrong. The cop was right.
The Supreme Court is superior to all cops. The Supreme Court says that the nurse was right and the cop was wrong. Soon, the cop will be an ex-cop, and an ex-EMT, the other cop will suffer important financial consequences,
The people are angry, and the police are part of the government. The government answers to the people.
Obtaining a driver's license in the State of Utah means you give your consent to a blood draw whether you're conscious, unconscious, alive or dead.
The Constitution trumps state and local law, and the Supreme Court decides what the Constitution means. Utah's state law may say that you give consent, but the Supreme Court says that Utah's law is not legal, so in an instant Utah's law isn't law anymore, because superior law nullifies it.
The nurse was upholding superior law. The cop used force to enforce illegal law, and ignorance of the law is no excuse. So the cop and the watch supervisor who told him to make the arrest have no excuse, and they have to burn for their crimes. Their punishment needs to be public, because the public needs to see these cops punished as an example to the rest of the cops, that they are not above the law and they need to know the law before they start pulling out handcuffs, particularly on medical personnel in hospitals.
The city police department is changing its protocol because its protocol results in unconstitutional acts.
And anyway, it isn't the Utah law that governs here, it is the United States Constitution, as determined by the Supreme Court.
The cop doesn't have a pot to piss in.
When the scientologists start burning police cars, and looting Mormon Underwear shops?
The day is coming, hondo. Look how misterwhite has gone coo-coo already.
Maybe misterwhir is a former cop who liked beating people.
You should not speculate on anyone as your voting history is ruined with political sabotage tarnishing your own record as a defender of the republic.
Says the fool who never voted against Obama and who abandoned America and sat out voting for Trump. Tell me another fable California dick sucker.
I voted for my dead dawg, Scruffy. A champion of the republic, far greater than any living, mortal politician that you or anyone in the GOP/DEM Party voted for.
Then why is the department changing their policy on blood draws?
Because they never dreamed that one of their cops would do something that stupid?
Obtaining a driver's license in the State of Utah means you give your consent to a blood draw whether you're conscious, unconscious, alive or dead.
I understand that that is what you think it means. But it doesn't.
The cop doesn't have a pot to piss in.
He will likely lose his job as an EMT too. The ambulance company he works for cannot afford the bad blood with the local hospitals.
They have him on video, threatening to dump transients on the university hospital in retaliation.
Here are excerpts from his own bodycam. You'll see the nurse still being held in his cop car. I can see why the nurse is so furious with the university police. What a pair of useless tools. Their careers will take a definite hit for this.
The full body cam footage of the entire incident from some other cop's bodycam.
Notice the presence of police supervisor James Tracy taking to the nurse seated in the police car. He had ordered Detective Payne to obtain the illegal sample and to arrest the nurse if she refused. Tracy is the "unnamed officer" that has been suspended along with Payne.
When you see the entire video, it actually makes you even angrier.
A bit more from SLC Tribune:
In a written report, Payne said he was responding to a request from Logan police to get the blood sample, to determine whether the patient had illicit substances in his system at the time of the crash. Payne explained the “exigent circumstances and implied consent law” to Wubbels, but, according to his report, she said “her policies won’t allow me to obtain the blood sample without a warrant.” Payne — who says he wanted the blood sample to protect the patient, not punish him — said he was advised by Lt. James Tracy, the watch commander on duty that night, to arrest Wubbels for interfering with a police investigation if she refused to let him get the sample, according to his report. |
The Logan PD has not given any good reason why they were trying to get a blood sample from a victim of a high-speed chase on a crowded road.
What a lame joke. Not even funny.
After watching part of your video I want to kick misterwhite ass.
Utah hospital to cops: Stay away from our nurses
The University of Utah Hospital, where a nurse was manhandled and arrested by police as she protected the legal rights of a patient, has imposed new restrictions on law enforcement, including barring officers from patient-care areas and from direct contact with nurses.
Utah hospital to cops: Stay away from our nurses
The nurses' union is definitely on the warpath.
Good find.
I think Rotten Cop will get fired, possibly get jail time. I think his supervisor will get fired as well. And I think the police chief's days are numbered.
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