Friday, September 1, 2017

Are we a Police State?

As a nurse, I pay attention to nursing issues.  And this video, of a nurse being arrested after telling an officer (respectfully) that she couldn't legally take a blood sample from an unconscious patient who could not give consent when there was no warrant, or arrest, is not only assault of a nurse, but false arrest, and violation of rights.   This is a police officer demanding that a nurse break the law to accommodate him.  To get evidence.  Evidence that, obtained illegally, would be thrown out in court. And when she does not, even when backed by administration, he arrests her.

She is screaming.  She is terrified.   Because she is following not only hospital policy, but also the law.  And she is arrested.  By a person who wears a badge but doesn't deserve it, and who abuses his power.  He obviously has no comprehension of the actual law or the constitution.  

If this video disturbs you, PLEASE call the Salt Lake City Police Dept. at  801-799-3351   and ask why Officer Payne has not been fired, or call the ACLU.  Or call both.   We  should not be arrested for FOLLOWING THE LAW or protecting our patient.

You should not have to worry about your rights being violated because an officer, unfamiliar with United States Law, or the Constitution, decides that breaking the law is okay, in order to get the results he wants.

My 8 year old son saw this video and had all sorts of questions.   He was scared, and he was upset, and reasonably so, as his mom is a nurse.   He shouldn't have to worry that I'll be arrested  for DOING MY JOB.   He shouldn't have to be afraid of police officers.   He shouldn't have to wonder if the guy in uniform is "safe" or "scary".   He was taught that the guys in uniform are there to help, but clearly, this was not the case in this scenario.  My child  is now afraid of police officers. Thank you, Salt Lake City Police Dept.   Now, whenever I go to work, he's afraid I could be arrested too.

I can't reassure him.  He hasn't seen the murder of Philandro Castille.    He hasn't seen Sandra Bland arrested because she wouldn't put out a damn cigarette.  He hasn't seen those stories.  He hasn't seen countless other instance of police brutality that is excused and dismissed.   He just saw the video as I happened to click on it and watch it, and he was around.   I didn't show it to him purposely, but he's smart.  And he understands things.   And he understands that a cop hurt a nurse, who was just doing her job.   She wasn't even breaking the law or being disrespectful.   She was not only following her hospital's protocol, she was following the law, and the nursing code of ethics, and nursing protocol.   She was doing everything right, and still, the officer felt like he had the right to manhandle, threaten and illegally detain and arrest her.  No one can come up with excuses in this story.  You can see the video for yourself.  She wasn't "high", she wasn't aggressive or threatening or rude.  She was respectful and her administration was on the phone with her.  And still, the officer didn't like how things were going and arrested her.   Illegally.   It is a felony to assault a nurse in Utah.   A. Felony.   This officer committed a felony by attacking and illegally detaining and arresting a nurse who was following the law, protecting her patient, and following her hospital's protocol.   He needs to be arrested, and charged accordingly.  He needs to be fired and prevented from ever being a police officer again.  Will it happen?


But how the Salt Lake City Police Dept. responds to this officer will determine that.  It they fire him and condemn his actions, then there is hope.

If they, like in so many other recent cases, defend his actions and hire an expensive lawyer, once again, people will have less trust in the police and more hostility will arise.

However, if the SLCPD won't do the right thing, hopefully the ACLU will defend this woman.  She is a hero.  She defended her patient and did her job and she did NOT break the law.

This is a nursing issue.   But it is also a human right's issue.   If we stand silent on the violation of the rights of others, then we have no one to speak for us when our own rights are violated.  Speak up, and speak out.  Your voice matters.

Please watch the video and take the time to call the SLCPD to tell them how you feel about this abuse of power and disregard for the law and constitutional rights of both the patient and the nurse.

**** Note, the patient in question was an unconscious accident victim who was injured during a police chase.  Not directly involved in the chase, but a victim when an accident occurred.  Completely innocent.   Not under arrest, no reason for a warrant, but the officer wanted blood to determine if victim was under any "influence" that contributed to crash.   Absolutely no probably cause, and no justification.   Absolutely zero.   Had the blood been obtained, it would have been an illegal search, and any decent lawyer would have had it thrown out as illegal evidence.   Had the nurse complied with his request, she would have violated her patient's right's and her license.   She 100% did the right thing.

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