Police, The Fourth Amendment, Qualified Immunity

Police cannot force nurse to do warrantless blood draw

with one comment

UPI covers the judge’s decision in this case out of Florida.


“The Sheriff’s Department knew or should have known implementation of the policy would inevitably lead to violations of the Fourth Amendment for false arrest,” [the judge] wrote in his ruling rejecting the department’s contention that the letter written by then-Palm Beach County State Attorney Barry Krischer gave deputies the authority to order blood be drawn.

Krischer had written that “any nurse who refuses to draw blood when requested by a law enforcement officer is in violation of [state law] as actively obstructing a police officer in his lawful investigation.”

[The judge wrote that] Krischer’s unsigned letter was “woefully inadequate,” noting he didn’t include any case law to back up his opinion.  The magistrate said that while Florida law gives officers the authority to force a suspected drunken driver to submit to a blood test, it doesn’t require a nurse to perform the procedure.

Read more: http://www.upi.com/Top_News/US/2012/05/21/Nurse-vindicated-in-blood-draw-case/UPI-74821337627711/#ixzz1vgo6v3eV

Written by Burgers Allday

May 23, 2012 at 5:31 am

Posted in Uncategorized

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