Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions

Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions by David J. Edquist & Aaron M. Smith:

The viral video of a Utah nurse being arrested for refusing to draw blood from an unconscious patient brought into the public view a legal conundrum faced by health care providers. The ensuing public conversation generated abundant concern for the nurse, criticism of the police and commentary on the legality of warrantless police-directed blood draws. The prevailing conclusions that the nurse was in the right, the police were in the wrong and the United States Constitution prohibits warrantless blood draws may quell the public outcry. Health care providers, however, should not take solace in this simplified and half-true answer because there are situations in which the police may rightly direct a provider to draw blood on an unconscious or unwilling patient without a warrant.