The employer is required to have the employee tested under Federal Motor Carrier statute. Again, the Salt Lake City PD isn’t “ entitled” to a blood draw without “reasonable suspicion” of intoxication. The driver was unconscious and his body burned. Somebody overreacted.
That is where the officers over-reacted. The CDL driver wasn’t under criminal investigation, it was only an administrative required test. No need to lay hands on anyone.
IIRC, the detective was trained and certified to draw blood on behalf of the Police Dept. The nurse wouldnt let him, which is why he had her cuffed and put in a patrol car for 20 minutes so he could go get the blood himself. After he got his blood, he released her with no charges. She had enough cameras in the work area, and petitioned for the body cam footage. But I am old, and my memory might not be 100%.
I really encourage you to watch the video by Lehto. He is a member of the Bar in Michigan, and a practicing lawyer . His videos have no political leaning, and he is very informative.
Well, I think the fact that the cop didn’t even try to get a warrant is relevant to his mindset at the time - he either knew that he wouldn’t have been able to get one, or he had some ulterior reason to not involve a judge.
Judges are on duty to sign warrants all over the place. It would have held him up nu more than 30 minutes. But most likely, he figured the judge would know the law and not sign off on it.
Never underestimate the influence of arrogance among some officers. The badge, gun and cuffs, and the authority to sometimes use force, goes to a number of officers’ heads.