Cops 5: Barney Fife, Now in Real Life!

[Handyman]

Re: Cops 5: Barney Fife, Now in Real Life!

Wasn't he trying to test the pickup driver that got hit though?

Given how the guy is under investigation, put on leave, and the police apologized and admitted wrong doing, I doubt he was in the right.

That doesnt matter they can choose to test a CDL no matter what. (in some states) Think of it like Whiskey Plates...

His actions with the nurse is why he is apologized and why he is being investigated. He went way too far.

My primary job is working in the trucking industry I hear about it a lot.

[Wisko McBadgerton]

Re: Cops 5: Barney Fife, Now in Real Life!

Wasn't he trying to test the pickup driver that got hit though?

They were trying to test the driver of a semi who was struck by a fleeing suspect.

I read the Utah law changed in 2007 and no longer allows it. If true means the cop didn't understand the law change

The SC ruled warrantless blood draws can be refused and a person cannot be prosecuted on that basis alone. That really has nothing to do with this case, although certainly some confusion stems from this.

I looked up Utah statutes out of curiosity, and it appears that authorities can test CDL holders any time without probable cause, and being unconscious (or dead) is irrelevant.

This is the basis for the cop obtaining blood here. The nurse cites hospital rules that pertain to a person suspected by the police of being under the influence. But the semi driver was not suspected, nor was he being placed under arrest for anything. So it seems those rules wouldn't be relevant at all here. The Semi driver had a CDL and is subject to check anytime by authorities even if unconscious.

When the cop snaps, goes all Andy Sipowicz on her, and tells her she is under arrest, she begins backing away from him, yelling "No!" and then "I'm being assaulted", etc. All of which is completely understandable and entirely the cops fault.

There is evidence to support the cop's statement that he was instructed by his superior to arrest anyone who stopped him from obtaining the sample, so it's possible (probable) he may also have felt he was just doing his job. But if it is going to be done, we've seem it correctly and calmly done a million times. "Ma'am, at this time I'm going to inform you that you are being placed under arrest for obstruction"... and so on. All done very calmly and reasonably.

The fact that the cop may very well have been legally correct doesn't justify his handling of this situation in any way, shape, or form and he should be severley disciplined, IMO.

[SteveP]

Re: Cops 5: Barney Fife, Now in Real Life!

I read the Utah law changed in 2007 and no longer allows it. If true means the cop didn't understand the law change

Correct. Also, the semi driver is a reserve officer in Rigby, Idaho.

Police body-camera video shows Wubbels, who works in the burn unit, calmly explaining that she could not take blood from a patient who had been injured in a deadly car accident, citing a recent change in law. A 2016 U.S. Supreme Court ruling said a blood sample cannot be taken without patient consent or a warrant.

[trixR4kids]

Re: Cops 5: Barney Fife, Now in Real Life!

I read a local account that basically said he wasn't in the right to have blood drawn because he was testing to see if the guy didn't have anything in his system. And under their laws that's not permitted.

But while Utah’s law is constitutional, it turns out not to have permitted this specific blood draw. As written, Utah’s law only permits an officer to conduct such a test where he has reasonable grounds to believe that a person from whom blood is to be taken was driving “while in violation of” the laws regarding driving under the influence of alcohol or other substances. In this case, the detective specifically lacked any such grounds, because the draw was being taken to show the opposite – that the driver was not under the influence. Utah’s implied consent law did not authorize this particular blood draw under these particular circumstances.

www.sltrib.com/opinion/commentary/2017/09/01/paul-cassell-cop-who-arrested-nurse-was-wrong-but-the-law-is-complicated/

So yeah it's a bit more complicated than I initially thought but he wasn't in the right on any account. Also the Supreme Court case that steve references is mentioned in that article and that got struck down by the SC because No Dak's law made it a criminal offense to refuse blood draws.

[Handyman]

Re: Cops 5: Barney Fife, Now in Real Life!

The City of Brotherly Love

[Handyman]

Re: Cops 5: Barney Fife, Now in Real Life!

Oh and let me just say, any police department that gets so uber offended because of NFL Players kneeling that they refuse to be part of the game at all can take a flying leap. What a bunch of whiny babies. How dare a bunch of Black People do a silent protest!!

Maybe people wouldnt think you are a bunch of racist American Hero Wannabe Vigilantes With Weapons if youacted like human beings once and a while. Or you know, if you took twelve seconds to learn about Freedom of Expression or why Black People might think justice isnt in the cards.

noTe: This is where someone will say "these athletes dont have to deal with any of that! They make tons of money and have privilege! They are just whining!" Dont even start. First of all most of them didnt grow up rich and famous and had to deal with way worse crap than you ever will have to. Second, them having a pulpit and a means to speak for those who cant exactly why they SHOULD protest despite having the advantages. So suck it up snowflake your American Flag tattoo with the Bald Eagle jerking off will be ok.

[The Rube]

Re: Cops 5: Barney Fife, Now in Real Life!

I see your point, however the police also have the right to make a statement of their own. Like the Kapernuts of the league, you don't have to agree with it (and obviously you don't ) but that's the way it goes.

[trixR4kids]

Re: Cops 5: Barney Fife, Now in Real Life!

Yeah they're allowed to make a statement they're just clearly in the wrong.

Back to the nurse thing (if anyone still cares) this guy thinks it was a police cover up attempt due to the chase gone wrong, see twitter thread. https://twitter.com/obarcala/status/903986410352513024

[Deutsche Gopher Fan]

Yeah they're allowed to make a statement they're just clearly in the wrong.

Back to the nurse thing (if anyone still cares) this guy thinks it was a police cover up attempt due to the chase gone wrong, see twitter thread. https://twitter.com/obarcala/status/903986410352513024

I've seen that discussed in a few places now- police were wanting to nail the victim with something in his system to cover their own butts.

[Slap Shot]

Re: Cops 5: Barney Fife, Now in Real Life!

I see your point, however the police also have the right to make a statement of their own. Like the Kapernuts of the league, you don't have to agree with it (and obviously you don't ) but that's the way it goes.

They're allowed to abandon their assignment?

[The Rube]

Re: Cops 5: Barney Fife, Now in Real Life!

They're allowed to abandon their assignment?

That would change things if that is what they are specifically hired for. If it's just a thing that they are kinda supposed to do, but not necessarily required, they are in the safe zone.

[Slap Shot]

Re: Cops 5: Barney Fife, Now in Real Life!

That would change things if that is what they are specifically hired for. If it's just a thing that they are kinda supposed to do, but not necessarily required, they are in the safe zone.

Maybe you're right - maybe they can legally be ***#ing cowards. Good thing you pointed out they have that right.

[Deutsche Gopher Fan]

Re: Cops 5: Barney Fife, Now in Real Life!

In a fun twist, the Utah victim is a cop in a neighboring town. That police department released a thank you statement to the nurse today

http://thehill.com/blogs/blog-briefi...ng-cop-patient

[Handyman]

Re: Cops 5: Barney Fife, Now in Real Life!

That would change things if that is what they are specifically hired for. If it's just a thing that they are kinda supposed to do, but not necessarily required, they are in the safe zone.

Poor snowflakes cant take that people are actually calling them out on their crap? BTW calling him "Kapernuts" pretty much proves my point. You are mocking him for standing up for the rights of flipping victims. Classy...

Hey here is a better way to shut the protests down...stop treating Black People like second class citizens on a regular basis. You dont like that Black People are upset stop giving them reasons to be and stop defending those that do it. And if taking a knee offends you so much you just cant bare the thought of being part of a football game, go get another job cause you dont have what it takes to be a good cop.

[Kepler]

Re: Cops 5: Barney Fife, Now in Real Life!

Like the Kapernuts of the league

Yeah, a principled protest concerning a serious public safety issue sure is "nuts."