Video: Utah Nurse Handcuffed, Arrested for Refusing to Obey Blatantly Unconstitutional Police Orders
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Utah police have released a disturbing video of officers handcuffing and arresting a Salt Lake City nurse for refusing to obey a clearly unconstitutional order. The body camera footage, which shows Detective Jeff Payne arresting the nurse — whose name is Alex Wubbels — for refusing to allow the officer to draw blood from an unconscious patient without a warrant.
According to the Washington Post, Payne has been suspended from the department’s blood draw unit, and Salt Lake City Police Chief Mike Brown called the video “very alarming.” Nonetheless, Payne remains on active duty pending an inquiry.
Wubbels has retained an attorney, but states at this time that she does not want to sue the police; rather, she wants to make sure the police department is properly trained to avoid incidents like hers in the future.
Why the confrontation occurred
According to the Deseret News, the confrontation occurred July 26 after a car crash that followed a high-speed police chase. A vehicle driven by an unnamed suspect was fleeing from police in Cache County when it crossed into on coming traffic and suffered a head-on collision with a truck. The suspect was killed in the crash, and the truck driver was taken to the University of Utah Hospital in Salt Lake City. The truck driver was severely burned in the crash, so he was sedated and admitted to the hospital’s burn unit.
For reasons that are not immediately clear — the truck driver was not suspected of a crime and the suspect was deceased — Payne was ordered by his supervisors to obtain a blood sample from the truck driver and to arrest anyone who attempted to interfere.
There was only one problem: Payne had no warrant, lacked probable cause to get a warrant, and the truck driver was unconscious and thus could not consent to having his blood drawn. That led to the dramatic confrontation caught on video:
In the video, which was captured by the bodycam of another officer who was present, Wubbels can be seen patiently and professionally explaining to Payne that without a warrant, she cannot allow him to draw blood from an unconscious patient. Wubbels additionally enlisted the help of a supervisor and hospital officials, who confirmed that it was both contrary to hospital policy and illegal for Payne to draw blood from this patient without a warrant.
Throughout the series of phone calls, Payne grows increasingly agitated at having his authority questioned and repeatedly threatens to arrest Wubbels. At one point, Wubbels’ supervisor asks Payne to stop threatening a nurse who is trying to do her job, at which point Payne visibly loses his temper, slaps the phone out of Wubbels’ hand, and begins to handcuff and arrest her.
In the video, Wubbels exclaims as she is being arrested, “This is crazy. This is crazy. Why is he so angry?”
What the law says
In June 2016, the Supreme Court ruled that requiring drivers to submit to a blood test without a warrant was unconstitutional. Writing for the majority, Justice Samuel Alito reasoned that, unlike breathalyzer tests, blood tests are sufficiently invasive that without a warrant, they constitute an “unreasonable search” and thus violate the Fourth Amendment. The court held that this is true even when a driver is lawfully arrested for drunk driving:
Blood tests are significantly more intrusive, and their reasonableness must be judged in light of the availability of the less invasive alternative of a breath test. Respondents have offered no satisfactory justification for demanding the more intrusive alternative without a warrant. …
Because breath tests are significantly less intrusive than blood tests and in most cases amply serve law enforcement interests, we conclude that a breath test, but not a blood test, may be administered as a search incident to a lawful arrest for drunk driving.
Notably, the court rejected an approach favored by Justices Ginsburg and Sotomayor, writing in dissent, who would have permitted police to engage in a case-by-case analysis. The court’s reasoning was thus clear: Police must obtain either a warrant or consent before drawing a suspect’s blood sample.
How the law applies here
In this case, the truck driver was not even a suspect in the case. The police had no probable cause to obtain a warrant for his blood because he was not suspected of doing anything wrong. And because he was unconscious, he was legally incapable of giving consent.
And while a patient is unconscious and in the care of a hospital, the hospital can be held legally liable if they allow patients in their care to have their rights violated — including by police.
Following Payne’s illegal order thus could have subjected both Wubbels and the hospital to a lawsuit.
What it means
Payne was a police phlebotomist, which means that his main job function was to draw blood samples for his police department. It is troubling, at the very least, that someone whose primary job is to draw blood samples for the police would not know that the law requires police officers to obtain a warrant or consent before drawing blood.
Watching the video, it seems clear that Payne was simply unwilling to accept that someone would question his orders, no matter how reasonable or polite they were being — or how correct they were, as a matter of law. The fact that such an individual remains on active duty in spite of a troubling attitude and complete ignorance of clear constitutional limits on his authority is troubling to civil libertarians. Part of protecting good, responsible police is holding bad, power-hungry police officers to account so that the citizenry maintains faith in the overall good will of their local police department.
What comes next
Wubbels was ultimately released without being criminally charged, but she plans to fight to prevent others from being intimidated or arrested for refusing to follow illegal orders from police.
Wubbels maintains that for now, she does not want to sue, she wants to make a point. According to the Deseret News, when asked if she planned to sue, she said:
I think right now, I believe in the goodness of society. I want to see people do the right thing first and I want to see this be a civil discourse. And if that’s not something that’s going to happen and there is refusal to acknowledge the need for growth and the need for re-education, then we will likely be forced to take that type of step. But people need to know that this is out there.
Nikki Haley Breaks with Trump: ‘We Shouldn’t Have Followed Him, and We Shouldn’t Have Listened to Him’
Nikki Haley, former U.S. ambassador to the United Nations, believes that former President Donald Trump “let us down.”
Haley’s remarks come as the former president’s legal team prepares to present its defense of Trump during his second impeachment trial in the Senate.
In a Politico interview published Friday, Haley, former South Carolina governor, said that “we shouldn’t have followed” Trump.
“We need to acknowledge he let us down,” she said in an extensive profile. “He went down a path he shouldn’t have, and we shouldn’t have followed him, and we shouldn’t have listened to him. And we can’t let that ever happen again.”
She also told the outlet that she has not spoken to Trump since the Jan. 6 riots at the U.S. Capitol, and takes issue with his remarks condemning former Vice President Mike Pence’s refusal to reject the Electoral College vote.
“When I tell you I’m angry, it’s an understatement,” she expressed. “I am so disappointed in the fact that [despite] the loyalty and friendship he had with Mike Pence, that he would do that to him. Like, I’m disgusted by it.”
The former ambassador, who many people are speculating may run for the White House in 2024, also added that Trump will never accept the results of the 2020 presidential election.
“There’s nothing that you’re ever going to do that’s going to make him feel like he legitimately lost the election,” she explained. “He’s got a big bully pulpit. He should be responsible with it.”
Haley also warned that many people still love the former president and will not stop supporting him just because he is out of office.
“I know how much people love Donald Trump,” she admitted. “I know it. I feel it. Whether it’s an RNC room or social media or talking to donors, I can tell you that the love they have for him is still very strong. That’s not going to just fall to the wayside. Nor do I think the Republican Party is going to go back to the way it was before Donald Trump. I don’t think it should.”
Haley added that people, instead, should “take the good that he built, leave the bad that he did, and get back to a place where we can be a good, valuable, effective party.”
“[I]t’s bigger than the party,” she insisted. “I hope our country can come together and figure out how we pull this back.”
Referring to Haley’s possible 2024 ambitions, Politico’s Tim Alberta wrote, “Since last fall, I’ve spent nearly six hours talking with Haley on-the-record. I’ve also spoken with nearly 70 people who know her: friends, associates, donors, staffers, former colleagues. From those conversations, two things are clear. First, Nikki Haley is going to run for president in 2024. Second, she doesn’t know which Nikki Haley will be on the ballot.”
Haley also said that she didn’t believe Trump had a chance of winning in a 2024 election scenario.
“I don’t think he can,” she admitted. “He’s fallen so far.”
“I think his business is suffering at this point,” she added. “I think he’s lost any sort of political viability he was going to have. I think he’s lost his social media, which meant the world to him. I mean, I think he’s lost the things that really could have kept him moving.”
WATCH: Trump’s Defense Team Absolutely Ruins Democrats With 13 Minute Montage of “Fight” Word Like Trump Did
The Democrats demonized President Trump for using the word ‘fight’. Trump’s attorneys responded today with a collage of clips from each of the Democrats in the room using the word ‘fight’.
This portion of today’s events on Capitol Hill was excellent. The Democrats claim that because President Trump used the word ‘fight’ in his speech on January 6th in Washington D.C. However, what every Democrat in that room forgot was that they too had used the word previously in political speech.
The montage went on for 13 minutes. (The video montage starts at 7:10 timeframe.)
WATCH: Trump Attorneys Destroy House Managers on Lying to American Public and Using Manipulated Tweet as Evidence
President Trump’s defense team took the floor of the US Senate on Friday in defense of President Trump in the Senate impeachment trial.
Trump Attorney David Schoen absolutely destroyed the House Managers when he took to the floor of the US Senate.
At one point Schoen played video of the Democrat lawmakers lying about a Trump tweet.
House Impeachment Manager Eric Swalwell gave a riveting performance on Wednesday reading off Trump’s tweets with emotional appeal.
During this theatrical performance, Swalwell read off a Trump retweet by Jennifer Lynn Lawrence.
But there was one problem with the tweet. It was photoshopped.
Jennifer Lynn Lawrence has never been verified by Twitter. Democrats faked that to make it look more important.
On Friday Trump Attorney David Schoen destroyed Democrats for lying about this to the American public.
White House Suspends Deputy Press Secretary For Allegedly Sexually Harassing, Threatening Reporter
The White House announced on Friday that it was suspending Deputy Press Secretary TJ Ducklo after a report surfaced alleging that he sexually harassed and threatened a female reporter who was getting ready to publish a report revealing that he was dating a reporter who had previously been tasked with covering Democrat Joe Biden.
“The confrontation began on Inauguration Day, January 20, after [Politico reporter Tara] Palmeri, a coauthor of Politico’s Playbook, contacted [Axios political reporter Alexi] McCammond for comment while one of her male colleagues left a message for Ducklo,” Vanity Fair reported. “Ducklo subsequently called a Playbook editor to object to the story, but was told to call the Playbook reporters with his concerns. But instead of calling the male reporter who initially contacted him, Ducklo tried to intimidate Palmeri by phone in an effort to kill the story. ‘I will destroy you,’ Ducklo told her, according to the sources, adding that he would ruin her reputation if she published it.”
“During the off-the-record call, Ducklo made derogatory and misogynistic comments, accusing Palmeri of only reporting on his relationship—which, due to the ethics questions that factor into the relationship between a journalist and White House official, falls under the purview of her reporting beat—because she was ‘jealous’ that an unidentified man in the past had ‘wanted to f***’ McCammond ‘and not you,’” the report added. “Ducklo also accused Palmeri of being ‘jealous’ of his relationship with McCammond.”
White House Press Secretary Jen Psaki said following the report that Ducklo has been suspended for a week over the incident.
“TJ Ducklo has apologized to the reporter, with whom he had a heated conversation about his personal life,” Psaki wrote on Twitter. “He is the first to acknowledge this is not the standard of behavior set out by the President.”
TJ Ducklo has apologized to the reporter, with whom he had a heated conversation about his personal life. He is the first to acknowledge this is not the standard of behavior set out by the President.
— Jen Psaki (@PressSec) February 12, 2021
“In addition to his initial apology, he has sent the reporter a personal note expressing his profound regret,” she continued. “With the approval of the White House Chief of Staff, he has been placed on a one-week suspension without pay. In addition, when he returns, he will no longer be assigned to work with any reporters at Politico.”
With the approval of the White House Chief of Staff, he has been placed on a one-week suspension without pay. In addition, when he returns, he will no longer be assigned to work with any reporters at Politico.
— Jen Psaki (@PressSec) February 12, 2021
Reporters called out the administration over the incident, highlighting how the Trump administration did not treat reporters that way as well as issues with the timeline of events with regard to the White House taking action to address the incident.
“The Vanity Fair piece indicates that Politico editors reached to the WH after the incident first occurred and the WH acknowledged it was inappropriate,” Spectator editor Amber Athey wrote on Twitter. “But they clearly didn’t have any interest in disciplining Ducklo until his behavior was made public.”
The Vanity Fair piece indicates that Politico editors reached to the WH after the incident first occurred and the WH acknowledged it was inappropriate. But they clearly didn't have any interest in disciplining Ducklo until his behavior was made public @PressSec pic.twitter.com/T3mTLPcdid
— Amber Athey (@amber_athey) February 12, 2021
New York Magazine reporter Olivia Nuzzi wrote on Twitter: “I covered Donald Trump for 6 years. It is saying something that this behavior — from a Biden official — shocks me.”
I covered Donald Trump for 6 years. It is saying something that this behavior — from a Biden official — shocks me.
— Olivia Nuzzi (@Olivianuzzi) February 12, 2021
Grabien founder Tom Elliott highlighted the following remarks that Biden made a few weeks ago: “If you’re ever working with me and I hear you treat another colleague with disrespect, talk down to someone, I promise you I will fire you on the spot, on the spot. No if, ands, or buts. Everybody — everybody is entitled to be treated with decency & dignity.”
Biden 3 weeks ago: "If you’re ever working with me and I hear you treat another colleague with disrespect, talk down to someone, I promise you I will fire you on the spot, on the spot. No if, ands, or buts. Everybody — everybody is entitled to be treated with decency & dignity." pic.twitter.com/0QDHnyU3Jo
— Tom Elliott (@tomselliott) February 12, 2021
CNN anchor Jake Tapper responded to the quote, writing: “Standards that are not upheld are not standards. They’re lies.”
Standards that are not upheld are not standards. They’re lies. https://t.co/7b1InypvBT
— Jake Tapper (@jaketapper) February 12, 2021