Everyone is stating that she had the law on her side. She did not. It was just "hospital policy". Not the law.
No, she was right. It isnt just 'hospital policy'. It is the law.
Supreme Court 2016
LEGAL ISSUES AT PLAY?
A 2016 U.S. Supreme Court ruling says a blood sample can't be taken without patient consent or a warrant. But in this case, the officer reportedly believed he had "implied consent" to take the patient's blood. Implied consent assumes that a person with a driver's license has given approval for blood draws, alcohol breath screenings or other tests if there's reason to believe the driver is under the influence.
Paul Cassell, a criminal law professor at the University of Utah's S.J. Quinney College of Law, wrote in an opinion piece for The Salt Lake Tribune that state law doesn't permit a blood draw in this situation — especially since the blood was being sought to prove the patient was not under the influence. Wubbels' attorney, Karra Porter, said the state's implied-consent law "has no relevance in this case whatsoever under anyone's interpretation. ... The officer here admitted on the video and to another officer on the scene that he knew there was no probable cause for a warrant."
http://www.chicagotribune.com/news/nationworld/ct-nurse-arrested-20170902-story.htmlThis officer and his superior are screwed, and sadly, in many people's opinion, they have done this crap before and abused their position by arresting people who should not have been arrested. Once again, FIRE this ass and get him off the police force.