If you’re worried that we’re slowing becoming a police state, the following video won’t calm any of those fears.
That video stems from a July 26th collision that left one person dead and the other seriously injured at University on Hospital on the University of Utah campus. In the body cam footage we see the nurse Alex Wubbels being confronted by detective Jeff Payne whose trying to get blood taken from the unconscious suspect involved in the wreck. Wubbels however states that it’s the University Hospital’s (a state institution) policy that a warrant or consent from the patient is the only way she could take blood from the individual. Payne however states that he has the authority to get the blood further mentioning that “I either go away with blood in vials or body in tow” after also indicating that Wubbels is apparently interfering in a criminal case.
From there, Wubbels continues to consult Hospital staff before ultimately being arrested by Payne.
Via the Salt Lake Tribune:
After Wubbels consults with several hospital officials and repeats the policy, Payne tells her she is under arrest and grabs her, pulling her arms behind her back and handcuffing her. The footage shows the detective dragging Wubbels out of the hospital and putting her inside a patrol car as she screams, “Help! Help! Somebody help me! Stop! Stop! I did nothing wrong!”
A University of Utah police officer and Department of Public Safety officers, who provide security for the hospital, were present at time of the arrest and did not intervene.
The Detective was suspended from the blood-draw program but remained on active duty. According to Salt Lake police Sgt. Brandon Shearer, the department is conducting an internal investigation.
No lawsuits have been filed – yet – and Wubbels ultimately wasn’t charged with a crime, however Salt Lake City attorney Karra Porter who’s representing Wubbels said that precedent has been set when the U.S. Supreme Court ruled in 2016 that the Constitution permits warrantless breath tests in drunken-driving arrests, but not warrantless blood tests.
This apparently has been the law since 2007 in Utah.
Then there’s the matter of the fourth amendment.
