# Can someone justify this behavior?

**URL:** <https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288>\
**Category:** In My Humble Opinion\
**Created:** [September 2, 2017, 1:16am UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288 "2017-09-02T01:16:14Z")\
**Posts on this page:** 20\
**Page:** 6

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [September 3, 2017, 5:08am UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/101 "2017-09-03T05:08:50Z")

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> [@Saint\_Cad](#):
>
> Possible crimes he committed: false arrest, kidnapping, assault, civil rights violation under color of law. But despite that I’ll put $100 bucks on the table right now betting that the cop will not be charged with a crime and will not lose his job.

Normally, I wouldn’t take that bet, but in this case the DA is Sim Gill, who ruffled a lot of feathers when he charged a cop for a questionable shoot a few years ago. Let me sleep on it tonight.

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**Author:** ![Claude\_Remains](https://avatars.discourse-cdn.com/v4/letter/c/898d66/32.png) [@Claude\_Remains](https://boards.straightdope.com/u/Claude_Remains)\
**Post date:** [September 3, 2017, 5:19am UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/102 "2017-09-03T05:19:24Z")

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> [@Saint\_Cad](#):
>
> Possible crimes he committed: false arrest, kidnapping, assault, civil rights violation under color of law. But despite that I’ll put $100 bucks on the table right now betting that the cop will not be charged with a crime and will not lose his job.

“color of law”? Please expound upon this.

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [September 3, 2017, 6:14am UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/103 "2017-09-03T06:14:21Z")

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> [@Claude\_Remains](#):
>
> “color of law”? Please expound upon this.

IANAL, but …

> **[Deprivation Of Rights Under Color Of Law](https://www.justice.gov/crt/deprivation-rights-under-color-law)**

> [@](#):
>
> For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include **police officers** …

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [September 3, 2017, 6:32am UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/104 "2017-09-03T06:32:02Z")

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wrong thread

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**Author:** ![Claude\_Remains](https://avatars.discourse-cdn.com/v4/letter/c/898d66/32.png) [@Claude\_Remains](https://boards.straightdope.com/u/Claude_Remains)\
**Post date:** [September 3, 2017, 7:22am UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/105 "2017-09-03T07:22:47Z")

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Now I need a definition of “acts”.

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [September 3, 2017, 7:27am UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/106 "2017-09-03T07:27:15Z")

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> [@Claude\_Remains](#):
>
> Now I need a definition of “acts”.

Grabbing someone, shoving them against the wall, handcuffing them, dragging them out to your vehicle, and holding them against their will for ~20 minutes probably count as “acts”

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [September 3, 2017, 1:21pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/107 "2017-09-03T13:21:57Z")

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> [@Saint\_Cad](#):
>
> Doesn’t matter. Ignorance of the law is not a defense in court.

My claim was not that he was ignorant of the law, but that he was likely not concerned with what the law said. It is his job to know the law.

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**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\
**Post date:** [September 3, 2017, 1:28pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/108 "2017-09-03T13:28:45Z")

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> [@Chronos](#):
>
> One other point, here: The articles mentioned that the cop in question was part of the police phlebotomy unit, one of about 10 cops on the force who were trained and authorized to draw blood. Wouldn’t you think that that training would include when he’s allowed to draw blood? I mean, it’s one thing for an ordinary cop on the beat who never does blood draws to not keep abreast of the relevant laws and court decisions, but this guy wasn’t an ordinary cop on the beat: Knowing that was literally his job.

According the news reports, the police announced that they have now changed their policy. This is actually troubling, in that they had not updated their policy prior to this incident despite having an agreement with the University of Utah Medical Center which followed the law.

I’m not impressed with the police department here. There certainly seems to be a rush to make this about the one officer (who does deserve punishment) but there isn’t any indication that the department is looking at their role in it.

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**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\
**Post date:** [September 3, 2017, 1:42pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/109 "2017-09-03T13:42:51Z")

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Yeah, changed their policy how? Did you notice they didn’t say? And weren’t even asked!

To make it more clear to cops? Or to nurses? Why on earth did the reporters at the press conference fail to ask even a single pertinent question? This is way worse than fake news in my opinion.

Remember when reporters weren’t wimps, afraid to piss off the guy telling the half truths and doing all the weaselling?

They asked one lame question about the other cops on the scene, then swallowed the lame nonanswer without followup! Did you hear them ask why anyone should trust in ‘the process’, when there were four other cops present who stood by and did nothing? How is that supposed to engender trust exactly? And zip has been done to them, still on the job. Do YOU trust them? Why should anyone?

If they were my reporters I’d be replacing them with someone not afraid to ask impertinent, uncomfortable questions. And to keep doing so until they get some honest to God answers.

Half of the responsibility for this shit show of a press conference lies with the crappy reporters in my opinion.

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**Author:** ![wevets](https://avatars.discourse-cdn.com/v4/letter/w/e9a140/32.png) [@wevets](https://boards.straightdope.com/u/wevets)\
**Post date:** [September 3, 2017, 3:00pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/110 "2017-09-03T15:00:57Z")

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> [@raventhief](#):
>
> Well, you responded rather seriously to a seriously sarcastic reply. You were, perhaps, “whooshed” as the sarcasm flew right over your head. Such a rush of wind would probably ruffle your hair… Necessitating a bit a grooming to once again become presentable. A comb would be helpful in said grooming.

I should probably get into the habit of using a sarcasm font.

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [September 3, 2017, 3:50pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/111 "2017-09-03T15:50:42Z")

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> [@kaylasdad99](#):
>
> Instead, I’m going to presume that you DO have sufficient knowledge of the law, and ask YOU which specific law the officer was FOLLOWING.

> [@D\_Anconia](#):
>
> No, that’s now how it works. The person making the claim has to provide the cite(s).

Well, sure, when the person has mde a claim that gets challenged. Thing is, **Telemark** didn’t make a claim. He stated his opinion that a police officer should know and follow the law.

Your response didn’t even APPEAR to take issue with that opinion. It implied that he had made a claim that the officer had broken a law and demanded a cite. If you get to make up that he made a claim and require that he back it up, I should also get to make up that YOU made a claim (i.e., that the officer had been following a law) and ask YOU to back it up.

It’s only fair.

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**Author:** ![Projammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/projammer/32/559_2.png) [@Projammer](https://boards.straightdope.com/u/Projammer)\
**Post date:** [September 3, 2017, 4:07pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/112 "2017-09-03T16:07:51Z")

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Per the [previous link](http://abcnews.go.com/Health/wireStory/latest-arrested-salt-lake-nurse-accepts-chiefs-apology-49572069), the incident happened July 26. I’m unable to find dates for subsequent related events, but I presume he was pulled from the blood draw detail within a day or so. Now, a month later when its drawn so much public attention, he is on leave pending a criminal investigation.

This begs the question to me, if it’s worthy of a criminal investigation now, why wasn’t it worth a criminal investigation when it happened?

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [September 3, 2017, 4:37pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/113 "2017-09-03T16:37:19Z")

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> [@Projammer](#):
>
> Per the [previous link](http://abcnews.go.com/Health/wireStory/latest-arrested-salt-lake-nurse-accepts-chiefs-apology-49572069), the incident happened July 26. I’m unable to find dates for subsequent related events, but I presume he was pulled from the blood draw detail within a day or so. Now, a month later when its drawn so much public attention, he is on leave pending a criminal investigation.
> 
> This begs the question to me, if it’s worthy of a criminal investigation now, why wasn’t it worth a criminal investigation when it happened?

I t was worth a criminal investigation as soon as he performed criminal acts. Unfortunately, like many police abuse cases, nothing happens until the media starts making waves. The police cannot hold themselves accountable, they need to be held to account.

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**Author:** ![IvoryTowerDenizen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ivorytowerdenizen/32/17937_2.png) [@IvoryTowerDenizen](https://boards.straightdope.com/u/IvoryTowerDenizen)\
**Post date:** [September 3, 2017, 6:44pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/114 "2017-09-03T18:44:45Z")

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Warning Issued: This post is so out of line and beyond the pale it stuns me. Do not post things like this.

> [@Claude\_Remains](#):
>
> Maybe raping a pregnant woman in order to get some pussy and a little head at the same time?

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**Author:** ![Baker](https://avatars.discourse-cdn.com/v4/letter/b/bb73d2/32.png) [@Baker](https://boards.straightdope.com/u/Baker)\
**Post date:** [September 3, 2017, 7:14pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/115 "2017-09-03T19:14:49Z")

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The unconscious driver was struck by another driver the cops were pursuing. So they were a victim, not a suspect.

Why did the cop want their blood? Maybe to find something wrong with them, that the cops could use to get off the hook.

I’m glad the nurse didn’t cave, and I hope administrative punishments are in the offing for the poice officer.

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**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\
**Post date:** [September 3, 2017, 8:27pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/116 "2017-09-03T20:27:31Z")

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> [@elbows](#):
>
> Yeah, changed their policy how? Did you notice they didn’t say? And weren’t even asked!

The police department changed their policies to reflect the hospital’s policies.

[http://abcnews.go.com/Health/wireStory/latest-arrested-salt-lake-nurse-accepts-chiefs-apology-49572069](http://abcnews.go.com/Health/wireStory/latest-arrested-salt-lake-nurse-accepts-chiefs-apology-49572069)

> [@](#):
>
> Brown and the mayor of Salt Lake City have apologized for the incident and changed their policies to mirror hospital protocols.

And yes, I know you mentioned the press conference, but I don’t rely on just one press conference for all the facts. Updates do occur.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [September 3, 2017, 9:26pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/117 "2017-09-03T21:26:57Z")

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> [@cochrane](#):
>
> The police department changed their policies to reflect the hospital’s policies.
> 
> [http://abcnews.go.com/Health/wireStory/latest-arrested-salt-lake-nurse-accepts-chiefs-apology-49572069](http://abcnews.go.com/Health/wireStory/latest-arrested-salt-lake-nurse-accepts-chiefs-apology-49572069)

They changed their policy to conform with _the actual fucking law_? Is that correct?

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**Author:** ![Lasciel](https://avatars.discourse-cdn.com/v4/letter/l/e79b87/32.png) [@Lasciel](https://boards.straightdope.com/u/Lasciel)\
**Post date:** [September 3, 2017, 9:29pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/118 "2017-09-03T21:29:54Z")

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> [@kayaker](#):
>
> They changed their policy to conform with _the actual fucking law_? Is that correct?

That’s about right, yes.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [September 3, 2017, 9:39pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/119 "2017-09-03T21:39:09Z")

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> [@Lasciel](#):
>
> That’s about right, yes.

And so wrong. ☹

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**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\
**Post date:** [September 3, 2017, 9:44pm UTC](https://boards.straightdope.com/t/can-someone-justify-this-behavior/795288/120 "2017-09-03T21:44:21Z")

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For their own Blood Draw Program!

Remember, trust in the process!

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