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  #61  
Old 2 September 2017, 22:05
meatpaws meatpaws is offline
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Originally Posted by Steve509 View Post
Thanks.

My arrest powers are very limited. We only arrest someone who is in the court and ordered by the judge. It's a very rare occurrence and one I've never personally performed in my little over a year as a bailiff. I'm pretty sure they are given their rights, but that might just be the policy of our judge.

I'm going to ask about that on Tuesday. I thought everyone was Mirandized upon arrest. Probably due to watching TV.
It happens. I got most of my information about what the BTDTs did from watching The Unit.
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  #62  
Old 3 September 2017, 09:45
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THIS

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Originally Posted by meatpaws View Post
Miranda is usually only advised if we are going to question the offender after they are in custody, so as not to violate their 5th amendment rights against self incrimination.

For instance, if I arrest someone who has an active warrant I usually don't need to advise Miranda rights since I will not need more probable cause to effect the arrest.
I once represented someone arrested, for among other things, Felon in Possession of a Firearm. (the other charges were misdemeanor DV's) The arresting officers cuffed him and belted him into the rear of the squad, not saying one word to him, and started driving him in. He sat in the back, and while being recorded on hi-def video and crystal clear audio on the squad system started talking to the officers. Now, most people already know they have the right to remain silent, they just don't have the ability. The report said the handgun was found about twelve feet from him. Without some forensic evidence or confession there was a possibility of a defense. That possibility went away when, babbling along, he mentioned "yeah, and I threw the gun away because I didn't want to get shot". D'OH! The two cops were pretty disciplined and didn't say boo to this guy, so there was no suppression issue to litigate. This is considered a "sua sponte" statement, that is, made of his own accord. Sometimes, from a legal standpoint, good law enforcement involves knowing when to remain silent.
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  #63  
Old 4 September 2017, 08:12
DvlDoc8404 DvlDoc8404 is offline
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Cop was just plain wrong. Guys going to be in the hospital for a while so you have time to get a warrant dude.
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  #64  
Old 4 September 2017, 13:14
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Recently, I watched a DUI trial in which an issue along these lines was critical to the outcome. A police officer went to hospital following a "drugged DUI" crash. The police officer requested the blood results, and was given them. The police officer then sat in the ER drinking coffee while the ER doctor saw the patient. The police officer then asked the officer what the patient had said. The ER doc then told the police officer everything his patient had just told him. The ER doc then permitted the police officer to go question the patient.

Good on this hospital and this nurse for taking the policies and the patient's privacy seriously. Good on her colleagues for having her back.
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  #65  
Old 4 September 2017, 15:03
Steve509 Steve509 is offline
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Originally Posted by redhawk View Post
Recently, I watched a DUI trial in which an issue along these lines was critical to the outcome. A police officer went to hospital following a "drugged DUI" crash. The police officer requested the blood results, and was given them. The police officer then sat in the ER drinking coffee while the ER doctor saw the patient. The police officer then asked the officer what the patient had said. The ER doc then told the police officer everything his patient had just told him. The ER doc then permitted the police officer to go question the patient.

Good on this hospital and this nurse for taking the policies and the patient's privacy seriously. Good on her colleagues for having her back.
Do you know if the guy involved in the DUI crash had been arrested?

The nurse arrested in SLC mentioned arrest as among the necessary criteria to release patient information.
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  #66  
Old 4 September 2017, 15:29
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Do you know if the guy involved in the DUI crash had been arrested? The nurse arrested in SLC mentioned arrest as among the necessary criteria to release patient information.
It was a girl. She had been arrested, however the blood results should have been subpoenaed and the doctor absolutely should not have been relaying the conversations.
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  #67  
Old 4 September 2017, 15:38
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Originally Posted by Steve509 View Post
As a nurse, if you were to draw blood w/o consent or legal authority, aside from violating policy, wouldn't that also be assault and battery?
Correct if we are talking about drawing blood for crime lab kit not medical care of the patient who is unresponsive.
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  #68  
Old 4 September 2017, 15:40
meatpaws meatpaws is offline
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It was a girl. She had been arrested, however the blood results should have been subpoenaed and the doctor absolutely should not have been relaying the conversations.
Damn skippy. That statement from the doctor shouldn't be allowed in the trial. Also it seems like the doctor violated patient confidentiality. Civil lawsuit?
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  #69  
Old 4 September 2017, 15:41
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Originally Posted by meatpaws View Post
"By the way, we're out of catheter lube, you might feel a small pinch."
Lube comes in the catheter kit however how much I use is nurses discretion.

Now if you are good we have a special lube with lidocaine...
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  #70  
Old 4 September 2017, 16:56
bobmueller bobmueller is offline
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The patient in question is a reserve officer in Rigby, a city about 15 miles north of Idaho Falls (which is about 200 miles north of SLC). Rigby PD released this statement:

Quote:
Press Release 2017-05
September 1, 2017
To all outlets

On July 26th of this year, one of our reserve officers, William Gray was the victim in a horrific accident in northern Utah while working his full-time job as a truck driver. The suspect in this incident was fleeing from Utah State Highway Patrol, when he crossed into oncoming traffic and collided head on with Gray’s truck, severely injuring Gray, and killing himself. Officer Gray was flown to the University of Utah’s burn unit where he remains under their watchful, professional, and competent care.

Within the first hours of Officer Gray being admitted into the burn unit, an incident occurred between hospital staff and an officer from an agency in Utah who was assisting with the investigation. The Rigby Police Department was not aware of this incident until August 31st, 2017. 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.
The Rigby Police Department would also like to acknowledge the hard work of the involved agencies, and trusts that this unfortunate incident will be investigated thoroughly, and appropriate action will be taken.

It is important to remember that Officer Gray is the victim in this horrible event, and that at no time was he under any suspicion of wrongdoing. As he continues to heal, we would ask that his family be given privacy, respect, and prayers for continued recovery and peace.
ETA: Article about the original crash with a photo of the scene and a link to a GFM for the officer.
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  #71  
Old 4 September 2017, 17:39
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Originally Posted by jasonglh View Post
Lube comes in the catheter kit however how much I use is nurses discretion.

Now if you are good we have a special lube with lidocaine...
Lidocaine is also used when giving cortisone injections. A syringe is loaded with cortizone and a little lidocane is sucked in to ease the pain of the injection. I was getting the 'shot' in my low back and the nurse didn't, or forgot the lidocane. The Doctor said that I was a tough Vietnam vet and stuck it in anyway, I pushed the hospital bed several feet (shot given while standing). If I could of reached the son of a bitch I would probably still be in jail.

I've been the recipient of several fucked up actions at VA facilities and now seeing med guys saying that they would do the same, my respect is not increasing.
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  #72  
Old 4 September 2017, 18:31
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[QUOTE=bobmueller;1058669644]The patient in question is a reserve officer in Rigby, a city about 15 miles north of Idaho Falls (which is about 200 miles north of SLC). Rigby PD released this statement:


Why stop at a photo, that crash had tons of dash cam video.

https://www.youtube.com/watch?v=MtUb33u4bco
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  #73  
Old 4 September 2017, 19:38
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Originally Posted by meatpaws View Post
Damn skippy. That statement from the doctor shouldn't be allowed in the trial. Also it seems like the doctor violated patient confidentiality. Civil lawsuit?
According to the RN wife, he would be lucky to get off with that, apparently people have gone to actual prison for violating HIPPA. Because "Federal".

Apparently catheters come in different sizes as well, that thing could be lubed but if its 2 sizes larger in diameter than what would be indicated that might not be much comfort.
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Last edited by bobofthedesert; 4 September 2017 at 19:44.
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  #74  
Old 4 September 2017, 20:18
Steve509 Steve509 is offline
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Originally Posted by redhawk View Post
It was a girl. She had been arrested, however the blood results should have been subpoenaed and the doctor absolutely should not have been relaying the conversations.
I agree. Especially the about the doc.
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  #75  
Old 4 September 2017, 21:03
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Maybe he was somewhere on the other side of the hospital. Maybe he was prepping for surgery or maybe a host of other things.
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  #76  
Old 4 September 2017, 21:17
Gsniper Gsniper is offline
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I'm failing to see why a blood sample was so important on a guy who was just minding his own business and got hit by a perp in a high speed pursuit. I could maybe see the cops being all spun up if he had just run over a car load of kids while fucked up, but the dude was just in the wrong place at the wrong time.
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  #77  
Old 5 September 2017, 14:58
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Last edited by Expatmedic; 5 September 2017 at 15:03.
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  #78  
Old 5 September 2017, 19:29
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Well, this tough guy will no longer be working as a Paramedic. You be you, Bro.

http://www.kcra.com/article/police-o...c-job/12180454
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  #79  
Old 5 September 2017, 19:43
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Originally Posted by Gsniper View Post
I'm failing to see why a blood sample was so important on a guy who was just minding his own business and got hit by a perp in a high speed pursuit. I could maybe see the cops being all spun up if he had just run over a car load of kids while fucked up, but the dude was just in the wrong place at the wrong time.
People who get hit by suspects fleeing the police often sue the police/city. They probably feel like that may happen and want to shift blame onto the victim if they can. A blood draw might show something (alcohol, drugs) that they can use to do that if he winds up suing. A blood draw in a week might not show the same thing as a blood draw sooner.

That's my only guess as to why they went to such great lengths to get blood drawn from a victim and why they didn't feel like waiting for a warrant, etc.
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  #80  
Old 5 September 2017, 19:53
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Originally Posted by KS11 View Post
People who get hit by suspects fleeing the police often sue the police/city. They probably feel like that may happen and want to shift blame onto the victim if they can. A blood draw might show something (alcohol, drugs) that they can use to do that if he winds up suing. A blood draw in a week might not show the same thing as a blood draw sooner.

That's my only guess as to why they went to such great lengths to get blood drawn from a victim and why they didn't feel like waiting for a warrant, etc.
supposedly the patient was a police officer.
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