I’ve written before that “as the son and brother of heroic police officers, I know a little bit about law enforcement – exactly enough to know that I know practically nothing,” and most people know even less. As such, when I see negative press about a police officer, I react in one of two ways: either “that was completely, unquestionably justified based on even rudimentary knowledge of police work,” or “I’m not sure; let’s wait for more facts.”
On rare occasions, there’s a third response, which can be best characterized as “why on Earth did that cop just drag a Utah nurse out to his squad car after she refused to draw an unconscious patient’s blood without a warrant?” You might notice that this category is oddly specific. Like I said, it’s very rare.
On July 26, a nurse at University of Utah Hospital in Salt Lake City defied a detective’s order to draw the blood of an unconscious truck driver who had collided head-on with a vehicle that was fleeing police. The suspect was killed in the crash, while the semi driver was rendered unconscious.
The officer, Detective Jeff Payne, informed Nurse Alex Wubbels that it was protocol to draw blood from any party involved in such an accident, but Wubbels countered (rightly) that it was against the law for her to do so without following search and seizure provisions under the 4th Amendment. Wubbels insisted that she would not comply with the officer’s demands without either a warrant or consent from the patient, or unless the patient were under arrest.
Payne became frustrated and placed Wubbels under arrest, forcibly escorting her to his car, where Wubbels waited until she was eventually released with no charges filed.
See the video for yourself here.
In my amateur opinion, the officer was clearly in the wrong and attempting to violate the basic human rights of both the nurse and the patient. But since I try to defer to expert testimony, I thought it would be best to criticize Detective Payne through the lens of experienced officers: my brother (B) and my dad (D).
Let’s take a look step by step, according to an adapted list of the metrics I’ve been given by police on how to react to police controversy:
What is the law:
B: “We have to get a warrant. … The reason for arrest is the thing that bothers me.”
D: “Clearly the cop overstepped his bounds. he violated her civil rights, the nurse’s, and attempted to violate somebody else’s civil rights.” Additionally, had Wubbels drawn the blood anyway, “the blood evidence would have become what they call in law ‘the fruit of the poisonous tree.’ It would then be thrown out as would their case, and justifiably so…because it was obtained contrary to the fourth amendment, because it violated their protection against unlawful search and seizure.”
Whose side of the story have I heard?
In other words, a lot has been made of Payne’s malfeasance. But did Wubbels do anything wrong?
B: “She did a good job requesting a warrant. When she was told she was under arrest, it would have helped if instead of trying to run away from the cop and screaming for help like she was being kidnapped, she asked for his supervisor and asked for a lawyer. I can’t blame her for being distressed, but when people act out like she did, rather than allow a huge scene to be made in the emergency room an officer is going to remove someone quickly. I don’t mean to sound like a jerk, but if people freak out then it escalates, and a simple arrest, even a false one, can turn into a struggle.”
Put yourself in the officer’s shoes:
Even if Payne were right about the protocol, what should he have done differently?
D: “Even if he thought the nurse was wrong, he had many other avenues to take other than to bully and arrest her. He knew that and clearly acted with malice and should be gone. … Other avenues…would have been to go above her head or get the warrant or place the person under arrest if they had any other probable cause and he could’ve then pulled the blood, or ask for another nurse to do it.
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What are the police trained to do?
This is particularly important since many are calling for department-wide trainings on how to handle this sort of thing. Is that even necessary, or should the cop have known better?
D: “It’s basic training for him that would have told him that he was violating these people’s civil rights. Every cop knows you could not draw blood from somebody without their consent or without a warrant. That is elementary. … He acted like a thug, a common schoolyard bully.”
What should happen now?
D: “I believe the cop should be fired and the nurse should be compensated by the city. … Fire the clown and compensate that poor nurse who was treated as she was. The cop acted like a thug and a bully. That’s why I say fire him. He is the type you do not want in that profession.”
Wubbels has stated that she won’t be filing a suit against the city, but that doesn’t mean the city shouldn’t offer restitution as a show of good faith. The hospital has come to Wubbels’s defense, and it appears the situation is being dealt with responsibly.
Feel free to copy this pattern of evaluation for future police incidents. It helps deter immediate outrage and remain sufficiently objective. As we’ve seen here, it doesn’t automatically excuse the cop’s actions either. It always pays to be level headed amid controversy.
Richie Angel is a Co-Editor in Chief of The New Guards. Follow him and The New Guards on Twitter, and check out The New Guards on Facebook.
Will America-First News Outlets Make it to 2023?
Things are looking grim for conservative and populist news sites.
There’s something happening behind the scenes at several popular conservative news outlets. 2021 was bad, but 2022 is proving to be disastrous for news sites that aren’t “playing ball” with the corporate media narrative. It’s being said that advertisers are cracking down, forcing some of the biggest ad networks like Google and Yahoo to pull their inventory from conservative outlets. This has had two major effects. First, it has cooled most conservative outlets from discussing “taboo” topics like Pandemic Panic Theater, voter fraud, or The Great Reset. Second, it has isolated those ad networks that aren’t playing ball.
Certain topics are anathema for most ad networks. Speaking out against vaccines or vaccine mandates is a certain path to being demonetized. Highlighting voter fraud in the 2020 and future elections is another instant advertising death penalty. Throw in truthful stories about climate change hysteria, Critical Race Theory, and the border crisis and it’s easy to understand how difficult it is for America-First news outlets to spread the facts, share conservative opinions, and still pay the bills.
Without naming names, I have been told of several news outlets who have been forced to either consolidate with larger organizations or who have backed down on covering certain topics out of fear of being “canceled” by the ad networks. I get it. This is a business for many of us and it’s not very profitable. Those of us who do this for a living are often barely squeaking by, so loss of additional revenue can often mean being forced to make cuts. That means not being able to cover the topics properly. Its a Catch-22: Tell the truth and lose the money necessary to keep telling the truth, or avoid the truth and make enough money to survive. Those who have chosen survival simply aren’t able to spread the truth properly.
We will never avoid the truth. The Lord will provide if it is His will. Our job is simply to share the facts, spread the Gospel, and educate as many Americans as possible while exposing the forces of evil.
To those who have the means, we ask that you please donate. We have options available now, but there is no telling when those options will cancel us. We have our GivingFuel page. There have been many who have been canceled by PayPal, but for now it’s still an option. Your generosity is what keeps these sites running and allows us to get the truth to the masses. We’ve had great success in growing but we know we can do more with your assistance.
Thank you, and God Bless!
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