unlawful arrest by LEO
 

https://www.youtube.com/watch?v=ihQ1-LQOkns

Video speaks for itself :mad:
I found it disturbing on so many levels. However, it also makes me wonder what I would do if I see my peer blatantly abuses position of power and public trust like that.

We just heard on the news so many heroic and wonderful things the PD did and still does in Houston, then here comes a bad apple and availability/confirmation bias takes over as seen in most comments.

MSM is a few days late
 

I note that FNC only recently picked it up & the Commie News Network buries it online under their "Health" section (because personal liberty means so much to them). A blogger had some thoughts I'll expand on that remain a good summary which Salt Lake gov't might want to look at:

Note: Charges have not been filed against the nurse.

Fire the officer(s) who arrested her, for cause, without benefits or pension. That includes the watch commander who told the officer to drive on pursuing this line of abuse. (The officer has apparently been placed on "administrative leave" which I believe means they sit home with pay awaiting outcome of an "investigation" at the speed of glaciers.)

Refer the officer & watch commander for prosecution for false arrest, kidnapping, and violation of civil rights. (I have heard, but do not know, that a conspiracy on a misdemeanor assault then becomes a felony.)

Demote his/her/their supervisors.

Make entire department go through mandatory re-training on why this is against the law. (Welcome to Death by PowerPoint & Old-School Civics-101.)

Revoke all sovereign immunity, so the nurse, hospital, and all patients affected can sue the officer(s) in question, the city, and the SLPD, for whatever exorbitant civil damages multiple juries think are justified and fair. Something in the mid nine figure range looks appropriate based on the video. (Note to the Nurse: Please don't say "it's not about the money." You must make this kind of thing ruinously expensive or it will happen again.)

Require the mayor, the police chief, the watch commander, and the supervising sergeant(s) of the officer(s) in question make a full, forthright, rapid, and public apology, on air and in writing, to that nurse, her co-workers, the patients, hospital, staff, and citizens of of Salt Lake City for this egregious violation and badge-happy horseshit. (Given this happened back in July "rapid" is a relative term.)

Hopefully someday other officers will look at that video, as the nurse tried to explain the agreed-to joint hospital/SLPD policy and her supervisor pointed out that he was screwing the pooch, they will file under "shunned experienced counsel."
:rolleyes:

In one of the news articles, it was mentioned that the hospital and local LEO's has "agreed to a policy" that:

1)needed judges order or search warrant
2)person has to be under arrest
3)or has to give consent

I thought this was determined years ago at federal level???

1) on the due process, Fifth and Fourteenth Amendments
2) unreasonable search & seizure, Forth Amendment

Where are the 2L's??



Confused FOG???

JJ_BPK,
I'm a confused FOG.........
This detective, Jeff Payne, is a power freak, who will be obeyed !!!!. :mad:

I don't know if this involved steroids or hemorrhoids, but it sure looked like 'roid rage" to me, and you are correct that this is "settled law" (BIRCHFIELD v. NORTH DAKOTA, No. 14-1468, The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests. Pp. 13-36.).

As to reason, I think that this was an attempt to determine if the truck driver (and fellow LEO) had any alcohol or drugs in his system, so that if he initiated a lawsuit claiming negligence, because of the police initiated high-speed car chase that caused the crash, the PD would have a position to defend. 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.

My understanding is that many PD's have outlawed high speed pursuits (except for felony arrests, i.e. Bank robbery, murder, etc.) because the results were often that the bad guy would flee, and the "chase" put citizen at risk.

SnT


http://caselaw.findlaw.com/us-suprem...t/14-1468.html

I agree with everything you have said thus far, SnT, with the exception of this sentence. My thoughts are different. I think a chase initiated is because someone fails to pull over when signaled. The driver failing to pull over is responsible for the chase and not the PD. I think if we blame the PD for chases all wanted fugitives have to do is drive over X and they know they won't be followed.
I booked in a guy not long ago because a deputy saw him driving without his headlights on and attempted to pull him over. The guy fled but was apprehended. They found a woman duck taped and rope tied in his car. She was his third victim. They had no leads and no descriptions. Headlights broke the case.
These are my thoughts. Now I have spent much of my adult life working in corrections. Therefore, 8 hours per day is listening to convicted felons talk about these kind of things. So that is the prism I see this type of problem through.

Just my .02 cents.

Somewhat knee jerk solution there badger... the same punishment you would undoubtedly complain about if a soldier had assaulted a woman and you were in his CoC and were fired, demoted, or en masse "reeducated"

Mass punishment rarely get the desired results. Punish the guilty type up a memo that openly explains the laws that were broken and how to avoid your own firing if this were to be abused by another officer. Done. And be quick about it. In today's fast paced world justice gets hidden after 6mo-3yr investigations that end in secrecy with the officer wrapped on the wrist (thanks to their commie unions).

You're right IF it was an isolated incident and there was no continued pattern of tolerance for such things. However, as is shown in this 2nd video, where an officer indicates to one of the hospital security staff (before Payne goes ballistic) that they do this kind of thing all the time, there is a rationale for going higher than the officers on scene. Absent other information I'll stick by making the consequences horrible when such a pattern of cavalier disregard for law - by a police department - exists. (That said, I'm sure the powers in the city are busy distancing themselves as much as possible, invoking the old IMF rules against their Mr. Phelps in the ER.)

That was not what I said at all. Relook what I posted in context of replying to the previous post by miclo18d.

True, I needed to look into it a little deeper. It would appear that there may be an endemic problem at the SLC PD. I agree that there should be some serious hammers dropped. However, I have seen where dropping hammers is counter productive and those "good" cops (or soldiers, or other group, etc) will feel they have done something wrong or are being punisher for some asshole they never liked to begin with. Again punish those that did wrong, teach others why they were punished, give proper procedures to others so that it doesn't happen again.

The part that troubles me is that normally cops and hospitals are extremely fond of each other. Nurses help cops and cops help them (at least here in Tampa).

I agree; sad because it denigrates the mechanism on a larger scale & is likely to taint relationships built over time. Hope not; I know a couple local RN's & they function very well with the (admittedly small in comparison) PD here and, ultimately, that success occurs in conduct between 2 people interacting, day in/day out. As Ten Bears said in Josey Wales, "No paper can hold the iron. It must come from men."

As an aside, the officer's body language pre-arrest speaks volumes.