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  • b444s Nov 21, 7:48 p.m.

    How do these kinds of people with this kind of judgement and tempermeant get hired as police officers?

  • whoami Nov 16, 5:46 p.m.

    If an officer has all the appropriate paperwork/requirements met, and a medical professional refuses to carry out the order sanctioned by the court, the medical professional could fall under the category of obstruction of justice. Granted, this instance, the handcuffing was a bit extreme, even IF everything was in order. The only exception being if the nurse had physically attacked the officer, which is apparently not the case.

  • areimann Nov 16, 5:02 p.m.

    I love seeing all the back and forth!!!

  • The Anti Hans Nov 16, 2:02 p.m.

    uhhuh ... I think you got it backwards. So-called "law enforcement" has *no* authority over a medical professional. This cop needs to be fired and charged with unlawful confinement. A few months in prison would give him some time to think about the consequences of his actions.

  • Marty King Nov 15, 6:37 p.m.

    I am sure that Wackenhut Security is hiring... if Abbott can take it.

  • Wheat Thin Nov 15, 6:07 p.m.

    Qwerty- protected from civil litigation??? i think not. the officer, department, town and/or county, and state can all be sued for an officer making a mistake.

  • Qwerty27807 Nov 15, 5:43 p.m.

    The implied consent is between the LEO and the suspect, and is a CRIMINAL matter.

    The refusal of the blood draw is between the nurse and the patient, and is a CIVIL matter.

    Every one of you cops spouting criminal statutes are protected by your employer from civil litigation, so it is understandable that you wouldn't realize there are other contradictory issues at play.

    The nurse does not have that luxury, and most hospitals will throw a nurse under the bus faster than you would believe once a lawsuit is filed.

  • TruthBKnown Banned Again01 Nov 15, 5:02 p.m.

    A case could even be made that this falls under the Fifth Amendment. We don't have to say or do anything that may incriminate us. I'm not saying we can do so without repercussion. But we do have that right.

  • TruthBKnown Banned Again01 Nov 15, 5:00 p.m.

    Cops cannot even FORCE one to take a breathalyzer test.

    What in heaven's name makes people think they can FORCE one to donate a blood sample?

  • TruthBKnown Banned Again01 Nov 15, 4:56 p.m.

    A cop can REQUEST. A cop can ASK.

    You can say no.

  • TruthBKnown Banned Again01 Nov 15, 4:54 p.m.

    Yes, it is. A needle entering a vein and drawing blood is invasive.

  • Truth Time Nov 15, 4:52 p.m.

    good thing a blood draw isn't an invasive procedure..

    A cop can request your blood for DWI under implied consent laws, I repeat, cops can ask for your blood under implied consent laws... A cop can get a seach warrant for your blood if there is PC that you were an impaired driver, I repeat an officer can get a search warrant for your blood if there is PC that you were an impaired driver

  • TruthBKnown Banned Again01 Nov 15, 3:54 p.m.

    No cop can order an invasive medical procedure on someone without their consent.

    I repeat.

    No cop can order an invasive medical procedure on someone without their consent.

  • kincadeent Nov 15, 2:17 p.m.

    @faycop4ncstate this cop was out of his jurisdiction! He had to come from selma to go to Johnston Medical center, 1st and foremost that General Statue does not touch HIPPA! So when the suspect became a patient, AND HE DID, that General Statue means nothing! Again when you become a health professional then you can add some value to this blog!

  • remer54 Nov 15, 1:17 p.m.

    Just to show what I said about bad cop This was on wral back then
    This time, the man police arrested used to be one of their own. Corbett, who lives in Four Oaks, was arrested Monday by the FBI and charged with bank robbery and federal weapons violations.

    Police say bank security cameras captured him inside waving a gun, threatening to kill anyone who called police before he made his getaway.

    Police say he forced four tellers into the bank's vault, and ordered them to fill a bag with money. The robber escaped with $28,000.
    "I'm just amazed," said Clayton Police Chief Paul Keen. Corbett worked for Keen as a Clayton police officer, coming to the department from the Selma Police Department. Corbett left Clayton in November 1994 to attend the Highway Patrol academy. He dropped out after only three days. "I don't know any of the evidence, so I don't know what kind of case there is there," Keen said. "But if I had to have wagered a guess as to somebody that might do something like

  • remer54 Nov 15, 1:10 p.m.

    Get info from youtube if that was where I got my all my info from I wouldn't be on here. I have read the N&O akready today. Reading is ok however most of these stories on youtube you can see it happen wether by the police videocam or some one else taping it.
    If a good cop sees something that a crooked cop does and dont do anything about it he is no longer a good cop.

  • homefree Nov 15, 1:01 p.m.

    I've had my bad experiences with cops on traffic stops before. These guys are taught to not use any common sense. Why..because when things go wrong they get blamed both ways. It's a job we pay entry level guys with very little formal education a small salary. Sad but true. You must want to do this for a living and accept you are never going to make much money. Even with towns and city's that need more law enforcement the money always goes to better areas that get a large tax base. Maybe we should try to pay these guys more and expect some more education to curve the problem. In no way will I blame these young guys for trying there best.....we all make mistakes. The sad part is these guys are given a huge responsibility and authority without very much experience. I really fell bad for the nurse....there was no need to handcuff. But it's done and over. Mistakes where made now someone will have to pay with there job.

  • raleighlynn Nov 15, 1:00 p.m.

    As an R.N. working with psychiatric patients, I am well aware that medical personnel can refuse to perform a medical procedure if patient safety is at risk. If this clown of a cop caused such chaos that the patient was acting out, and the staff did not feel safe, she is well within her rights to refuse to perform the procedure until the mileu is safe. A doctor can proceed with the blood draw if he/she deems the E.R. is safe, but that's the key word here...patient SAFETY.

  • sixnitepkg Nov 15, 12:11 p.m.

    here is the statute: "Upon request by a law enforcement officer, the medical staff "shall withdraw the blood sample ... and no further written authorization or approval is required." If the medical staff refuses, the officer can ask for the refusal to be written/justified by the medical staff. They can refuse for safety reasons but that is very rare."

    Truth Time... Are you a lawyer? looking at the spelling and grammar, I'd bet not. Cite an Appellate court case that says a Police officer can force ANY medical professional to perform an invasive medical proceedure... you CANNOT... Why? Because that would be a police officer practicing medicine without a license. See that word "request" - you fail to realize that that there was not a refusal of the request by the medical staff, just a statement that Patient CARE COMES FIRST... and at no time does ANY cop have the authority to dictate patient care, ESPECIALLY the care of other patients in the ER

    get the whole story

  • sixnitepkg Nov 15, 11:45 a.m.

    donedidit... this is a LONG way past human error. As a former officer and paramedic I see both sides of this, and I can say that had I been first on scene HE would have been in handcuffs, NOT her! The DA's office should be pressing charges for assault and battery.
    Actually, donedidit, the law says he was in the wrong...First, the hospital is in Smithfield and out of his jurisdiction - if he wanted to arrest someone he would have had to call the Smithfield PD or Sherriff's Dept. Second, he does not have the authority to force any medical professional he chooses to perform an invasive proceedure

  • NCAries Nov 15, 11:01 a.m.

    Some typical reactions. One individual officer in Selma does something and now every officer in the USA who had nothing to do with this at all is to blame.
    thepeopleschamp

    Sounds like being black...lol

  • Truth Time Nov 15, 11:01 a.m.

    sixnite... you are wrong... The word SHALL in the is a requirement that the nurse HAS to take the blood... not that the officer Shall use the a medical professional.. You couldn't be more wrong and it's been determined that you are wrong NUMEROUS times in the appellate court... Please refrain from post falsities as facts so that people repeat your incorrect statements

  • Truth Time Nov 15, 10:59 a.m.

    btw, the law REQUIRES that nurse to draw that blood at his request unless there is a medical reason that would prevent it. The nurse actually committed an arrestable misdemeanor

  • TruthBKnown Banned Again01 Nov 15, 10:52 a.m.

    "Some typical reactions. One individual officer in Selma does something and now every officer in the USA who had nothing to do with this at all is to blame."

    A typical reaction by someone losing a debate is to twist the debate into something else they can win (also known as a "straw man" argument).

    We're not talking about all cops. We're talking about THIS cop in THIS situation.

    All cops are not bad. All cops are not good, either. Some cops like to believe they are running the show, and they behave in manners such as this.

    I appreciate the good cops. I don't think they get enough credit. But that does not justify looking the other way when one makes a bad move, like this one.

  • donedidit Nov 15, 10:18 a.m.

    I find.it very disturbing that so many people are in the mind frame of "off with his.head"
    .. what about all the good officers do? What about all the positive influence officers have in people's lives? This particular officer has commendations for saving lives and has gone above and beyond to find missing children. IF.... and I say IF he made a mistake he's only human. The law says he didn't but everyone wants to Monday morning quarterback his decision. It's a shame people are so judgemental and cannot see police officers as people... who have personal lives and families that depend in them

  • btneast Nov 15, 10:09 a.m.

    Just spend some time on youtube and see what going on.

    You find out what is happening in the world through Youtube? You can't be serious? Read the paper, watch the news, listen to the radio, view news websites as well as youtube,then form your own opinion. Getting your info from one source is never a good plan.

  • remer54 Nov 15, 9:27 a.m.

    This also happened in Chicago, cop arrest nurse for being to slow on getting blood sample for dui suspect. She settled for $78,000. Its on youtube. Cops are out of control in this country. Just spend some time on youtube and see what going on. What really bad is they get away with it. My point of view if the so called good cops cover up or do not help the vicitms they are just as guilty as the rest. I was harrased contunily years ago by a Selma cop. Noone would do anything about it. Later on he robbed the BB&t in Micro nc.

  • thepeopleschamp Nov 15, 8:49 a.m.

    Some typical reactions. One individual officer in Selma does something and now every officer in the USA who had nothing to do with this at all is to blame.

  • sixnitepkg Nov 15, 8:27 a.m.

    "Most people don't the law. Its says a medical professional "shall" that means you must draw the blood.ASU"

    ummm... time for English 101! the statement "a medical professional shall draw the blood" means that it must be a medical professional who draws the blood (eg. not another cop or unqualified person), NOT that the officer can force any medical professional he chooses to draw the blood. See the difference?

    Investigation shows there was the proper paperwork... like I said earlier more to the story but everyone feels they have a right to judge with only the "sensationalism" of the articledonedidit

    ummm... have just one question, if the suspect was released due to lack of probable cause then how could there have been proper paperwork... Probable cause IS REQUIRED to get the paperwork!!

    Nevermind the fact that he had already been enough of a pest that the ED nurses were forced to call the house supervisor to try and deal with him

  • Wheat Thin Nov 14, 7:22 p.m.

    paperwork or no paperwork, handcuffing a nurse in the ER is not the proper response. Emotional decision of this officer will cost him his job.

  • donedidit Nov 14, 6:43 p.m.

    Investigation shows there was the proper paperwork... like I said earlier more to the story but everyone feels they have a right to judge with only the "sensationalism" of the article

  • Scubagirl Nov 14, 6:25 p.m.

    "Most people don't the law. Its says a medical professional "shall" that means you must draw the blood.ASU"

    ASU YOU ARE WRONG!!! Without a court order or the person's permission a medical professional (RN etc) CANNOT no matter what you say/think.

  • Whatthehey Nov 14, 6:18 p.m.

    The officer's fate will depend primarily on whether he followed the policy and procedures manual of his police department (e.g. see http://www.smithfield-nc.com/rokdownloads/Planning%20Dept/Other/General_Order_August_2006.pdf If he followed protocol he'll get off, if not, he's in deep doodoo. If the policy manual doesn't address the situation, his chief may be the one in trouble. If he didn't follow policy, he must demonstrate cuffing was necessary for SAFETY or to faciliate an ARREST. I couldn't find a policy that said, "handcuff the b.. if she don't draw blood when ya tell her to, & show em all who's boss". Maybe you can find that errant passage.

  • Diva RN Nov 14, 6:14 p.m.

    Yeah, we have to make sure that all the i's are dotted and t's are crossed on your paperwork, Officer, because if not, that's my nursing license. And as one of my coworkers once told me when I was a new nurse, "My nursing license is what puts bread on the table. Don't let anyone take that bread out of your mouth."

    What truly scares me is that if this guy is power trippin' enough to HANDCUFF a nurse in the middle of a crowded emergency room, rather than calling in higher ups from the hospital or his department to resolve the discrepancy over whether the paperwork was adequate enough to get the blood draw, what does he do when he's alone, pulling over civilians, and they disagree with him?

    I'm not hating on all LEO's, but there are some bad ones out there, bad ones who are in police work for the wrong reasons, like abusing their authority and making up for some personal inadequacies with a badge and a gun. Any LEO that doesn't acknowledge that is part of the problem.

  • ncguy77 Nov 14, 5:59 p.m.

    @ASU you're wrong! You just can't draw blood without search warrant or subpoena. And with certain religions LEO can't do that. But it's just another day of LEO pushing their weight around.

  • acp327 Nov 14, 5:51 p.m.

    This is the icing on the cake as far as I'm concerned. From the article:

    "Investigators said that the DWI suspect was later taken to the county magistrate, who released him because there was no probable cause.".

  • acp327 Nov 14, 5:45 p.m.

    faycop4ncstate, Yeah, I get what you are saying. You are obviously very knowledgeable on the subject and know the law regarding blood draw. Right in the middle of an Emergency Room this guy handcuffs a nurse or "house administrator"? Because the nurse didn't comply with his demand? Why didn't he simply make contact with his shift supervisor? Or, why didn't he just do what you would have done and secured a search warrant or subpoena. You clearly drove the point home when you posted "I would never recommend physically arresting a RN for failing to take a blood sample. I get along great with local nurses and they are always extremely helpful. I would not risk hurting this vital relationship".

    I couldn't give a rats behind about the alleged drunk driver. This officer seemingly put an entire Emergency Room in an uproar, potentially compromising the care of other patients and the staff from performing the care of patients.

  • irishale Nov 14, 5:40 p.m.

    "And I understand the vitality of officer/medical relationships as I work in a prison. And that officer just screwed up a whole police/hospital relationship with his actions." -keeprightexcepttopass

    Yep! And shame on that officer if he ever finds himself under the nurse's care. There are numerous things a nurse can do to make procedures/etc more pleasant... and can NOT do them for the reverse effect.

    Never mess with a healthcare provider, dentist, waiter, or cook.

  • ASU Nov 14, 5:32 p.m.

    Most people don't the law. Its says a medical professional "shall" that means you must draw the blood.

  • keeprightexcepttopass Nov 14, 5:23 p.m.

    turbopir8
    Yes, I've mentioned that I understand there can be consequences but being arrested and handcuffed are not a single one of those consequences.

    And I understand the vitality of officer/medical relationships as I work in a prison. And that officer just screwed up a whole police/hospital relationship with his actions.

  • TruthBKnown Banned Again01 Nov 14, 5:19 p.m.

    If the cop did what he was supposed to, then why is he now suspended?

  • faycop4ncstate Nov 14, 5:10 p.m.

    “faycop4ncstate Regardless, you cannot force a nurse to perform a procedure. Sure, there could be some ramifications, none of which involve being ARRESTED and HANDCUFFED."

    The statute uses the term “shall” withdraw the blood sample upon request by LEO which means you must. When a law says “shall” and you chose to do the opposite that means you violated the law. The law does not require an officer to seek an administrative remedy before arresting. That being said I would never recommend physically arresting a RN for failing to take a blood sample. I get along great with local nurses and they are always extremely helpful. I would not risk hurting this vital relationship; I would just get a search warrant if confronted with the issue or subpoena the medical records if a medical blood alcohol test is ordered which almost always is. I think it is important for people to understand that most cops and nurses get along great. Hect some are even married to each other, lol.

  • prodigalrn Nov 14, 5:09 p.m.

    Funny thing is, why did he handcuff her in the first place? Afraid she was going to run somewhere? She was at work, for goodness sake! He handcuffed her because she wouldn't obey his order. You cannot force a nurse (or patient, for that matter) to obey an order when it comes to medical procedures. Unless you have a court order that involuntarily commits that person to the care and supervision of a guardian. He was angry he didn't get his way, and tried to get pushy with a nurse, who I can almost guarantee has seen much tougher people while working in an ER. Shame on that officer for his blatant dereliction of duty. You just don't treat people that way.

  • turbopir8 Nov 14, 5:08 p.m.

    Keepright...: Per NC law, SHALL is direct and means that you must/will. Per your hospital/facility policy, you might feel uncomfortable for whatever reason for conducting a procedure and refuse to do so, but you will face consequences if it relates soley to morality and not safety or legal issues. The NC Statute is clear that the medical staff can refuse for safety purposes and the officer can request the refusal to be explained in writing. If the facility refuses, the officer obtains the written statement and then should choose another facility.

    By the way, you can lose your license by not following the law and conducting the procedure as directed in the Statute. That is why a written statement is required. The officer's and the medical staff's decisions will be reviewed by the appropriate legal and medical authorities.

    The end result is we all have to live with our decisions, right or wrong, and LEO's and medical staff are included.

  • acp327 Nov 14, 5:05 p.m.

    turbopir8, Like I said, READ THE ENTIRE GS! I was making a point by picking and choosing which appears to prove my point.

    Bottom line, what this officer did, was WRONG on so many levels.

  • faycop4ncstate Nov 14, 5:04 p.m.

    “faycop, we have every right to refuse to take a breathalyzer test if we wish. Are you telling us we do not have the right to refuse to have our blood drawn for the same test?”

    You can refuse and two forms will be sent to DMV revoking your DL for one year. The officer can then compel you with or without a court order. Obviously it is impossible to physically compel you to blow air out of your mouth, so the most common method of compelling is through blood. This can be done with a search warrant or through a warrantless search by justifying exigent circumstances.

    “READ THE ENTIRE G.S. Folks!”
    I have numerous times and so did Judge Hunter, Bryant, and Jackson of the NC Court of Appeals in 2010 when they upheld the changes to the DWI statute in 2006 allowing warrantless blood searches for DWI. http://appellate.nccourts.org/opinions/?c=2&pdf=MjAxMC8wOS05MjYtMS5wZGY=

  • turbopir8 Nov 14, 5:00 p.m.

    ACP 327, please don't confuse the facts. GS 20-141.4 involves a felony death by motor vehicle and relates to an additional test that occurs after an initial test/refusal and is specific that a search warrant is needed - mainly due to the Felony Death by MV and a DWI.

    A routine/standard traffic stop for DWI does not require a search warrant as noted in NCGS 20-139.1 and the medical staff SHALL conduct the test per the Statute.

  • Minarchist Nov 14, 4:49 p.m.

    For those of you insisting the officer was following proper procedure you can't just pick and choose what parts of the statue support your position. Vinylcarwraps, you posted about additional testing. G.S. 20‑16.2 (b5) clearly states: If a person willfully refuses to provide a blood sample under this subsection, and the person is charged with a violation of G.S. 20‑141.4, then a law enforcement officer with probable cause to believe that the offense involved impaired driving or was an alcohol‑related offense made subject to the procedures of G.S. 20‑16.2 shall seek a warrant to obtain a blood sample. The failure to obtain a blood sample pursuant to this subsection shall not be grounds for the dismissal of a charge and is not an appealable issue. "Save It", got it right. READ THE ENTIRE G.S. Folks!
    acp327
    November 14, 2012 4:40 p.m.
    Report abuse

    LOL the irony. Can YOU read? I never posted anything of the sort.

  • keeprightexcepttopass Nov 14, 4:49 p.m.

    turbopir8
    SHALL does not mean the nurse is FORCED to do the procedure. and again, Nurses have licenses to protect. You lose your license you're done as an RN. We have every right to refuse a procedure. PERIOD!!!!!

  • yellow_hat Nov 14, 4:46 p.m.

    Goodbye "officer" - you do not deserve to wear a gun & badge.

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