50+ thread

Morning all

Cypher

 

I know the feeling. I had someone criticize me for my choice of engine: "Why would anyone bother to hop up a straight 6 with triple carbs, etc?"

Really? I wanted to do something different... That I like... I was taken back by his comment. Of course after he left I thought of all these good responses to shut him up...

 

I hear his superior made the call and he did the grunt work. Interesting how this goes. Had she been in the wrong about something else, what he did would probably have been acceptable to detain her. He was told to arrest her and he did. I'm not defending him, just saying all this will need to be looked at. It sounds like they were ignorant to the current law, which is not an excuse. @Cypherian, correct me if I'm wrong.

My nephew is a lieutenant with ASCO. Definitely sounds like him in his younger days. I don't think this was one of his guys. They weren't on shift yesterday. I stole this pic from Facebook.

We are up about 50 cents here. We have the tank farm here where colonial comes into the region. My BIL is a driver and has the inside scoop, so I'm going to find out the situation from him.

 

yes I went to a high school football game at night. I had to wear a coat.

 

Been binge watching Milwaukee tool videos and find out there's a new osha law in effect 23rd of this month on silica dust. Wonder why shop hasn't told me. I know concrete cutting ,drilling and grinding isn't good to breathe and wear masks but the rules are in place to protect the worker.

 

I don't go on facebook much but did this morning. One of my friends I graduated with was at Watkins Glen International Racetrack yesterday. And happened to park next to this guy.





I'm sure there are some old enough here to remember Mario Andretti. Easy enough to tell which car belongs to Andretti and which one is Dan's

 

all!

 

And I was wondering why your friend parked next to the Camaro.

 

My little helper is feeling better. She helped me cut some dowels and a floor board for a doll tent Mommy is making her. She got the shirt from school when they started back.

 

Good Morning all.

x2

 

I had to fill the Jeep yesterday. We're still at $2.24/gal. That is up $0.24 from 2 weeks ago. It didn't go up till we got back.

 

I can not speak to whether or not his superior made the call on this , there is video of the same LT speaking with someone else who is in uniform but I did not hear him address him so I do not know. Regardless of what any other person orders or tells him to do , it has to be a "Legal and Lawful order" if it is not it is incumbent upon the person receiving the order to decline politely of course but decline none the less. This holds with most every LEO, FD, Medical, Military person. The age old Nuremberg trials statement " I was only following orders" will not fly. Breaking this down with the information I have found and video from various sources he is / was purported to be a trained phlebotomist as such he would have been trained in the legal aspects of blood sample draw and evidentiary procedures.

The victim was under heavy sedation can could not consent, he was the victim not the subject, no warrant paper or electronic, no charges were being filed against the victim, victim had been identified via other means. Note in all cases the person they are trying draw blood from is the victim of an drunk driver being chased and the drunk loosing control and or aiming for the victims truck. I have not seen anything being suggested yet and will look to see if the DD was pit maneuvered and ended up crashing into the victim . If so it MAY shed some light on why this was being pursued so aggressively as the civil law suit that could be filed by the victim or his family would be immense if the cause of the crash was in direct result of the pursuing agency. They may have wanted to see if the victim had anything in his system to prepare a defense for why he did not avoid or stop etc etc. THIS IS ALL SUPOSITION on my part.

HIPPA is very specific on drawing a sample from someone unless they meet the criteria stated : https://www.hhs.gov/sites/default/f...ergency/final_hipaa_guide_law_enforcement.pdf read page 2.
Supreme Court ruling:

States may not prosecute suspected drunken drivers for refusing warrantless blood draws when they are arrested, the U.S. Supreme Court ruled in a 7-1 opinion on Thursday that found such tests violate the Fourth Amendment.

http://www.abajournal.com/news/arti...blood_tests_incident_to_drunken_driving_arre/
“We conclude that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving,” Alito wrote. “The impact of breath tests on privacy is slight, and the need for [blood-alcohol concentration] testing is great. We reach a different conclusion with respect to blood tests. Blood tests are significantly more intrusive, and their reasonableness must be judged in light of the availability of the less invasive alternative of a breath test.”

UTAH LAW: Note if your not used to reading this stuff this applies to a person suspected or charged with operating a vehicle impaired the officer in questions states there are no charges being filed etc. Also not it states "REASONABLE GROUNDS" .

https://justice.utah.gov/Documents/Sentencing/ProsecutionManual/chapter10.pdf

Utah’s implied consent statute requires any person who operates a vehicle
in the State of Utah to submit to a chemical test to determine alcohol or drug content. Although that person may withdraw the consent, if an officer may seek a warrant to forcibly collect a sample.

Due process requires that peace officer must have reasonable grounds for his belief that the person requested to submit to the chemical test was driving or in actual physical control of a motor vehicle while under the influence of alcohol or drugs; reasonable grounds exist where the facts and
circumstances within the officer's knowledge and of which he had reasonably trustworthy information are sufficient in themselves to warrant a
man of reasonable caution in the belief that the situation exists. Ballard v.State, Motor Vehicle Div., 595 P.2d 1302 (Utah 1979).

This section does not require an arrest prior to taking a blood sample, and allows drawing blood from an unconscious person with or without an arrest.

State v. Wight, 765 P.2d 12 (Utah Ct. App. 1988).

Victim Rights UTAH

https://justice.utah.gov/Crime/Docu.../Victims & Witnesses Have Rights Brochure.pdf


1. Victims have the right “to be treated with fairness, respect, and dignity, and to be free from


harassment and abuse throughout the criminal justice process.”

I am not a UTAH police officer nor a street officer though we do get similar or the same training , I am also not an attorney nor do I claim to be one. I have been looking at a of the information and cross checking law and precedent case law . Do your own research but in this state and about a dozen more with friends in the business on a separate forum general opinion ... He could be facing wrongful arrest, assault as he clearly acknowledges the agreed upon policy she shows him with by the way if you blow it up has his agency letter head on it. He will also be facing civil suit if she chooses to do so . Along with termination for failure to abide by the his own agencies code of conduct. My opinion based on everything I have watched and read I hope she enjoys her new found wealth and he does not enjoy his retirement nor benefits !

Oh and for the record I would not want to be working for that agency and have to go to that hospital for personal or legal reasons . Call it what you will but I do bet you might have to dot every I cross ever T and mind your p's and q's as you are likely to have a very very long day jumping through hoops getting service unless it is life threatening.

Cypher

 

Morning all, still here. The winds took the fire away from us. It is currently 5000 acres and down to 10% contained.

See above

 

Manual Valve bodies are fun !!! , just make you don't hit 1rst gear at above 40mph !!

How much track time they giving you guys

 

Glad you're safe !!

I just read an update on this fire , that fire blew up over night !! .hopefully they can get more containment

 

Mornin everyone

Hopefully the extreme temp warning expires tonite as it is expected to end at 2200hrs . Currently it is 89 deg , clear skies ,high temp of 104° and chance of afternoon T storms

My Brother will be here later this evening and will be here thru Wednesday . looking forward to his visit and all the free food also

 

Glad you're safe.

 

just got done with the yard work before the monsoon gets here later on.

 

@MQQSE

Good Morning !!