these cops are so fucked.Implied consent is the consent that you give to allow things like breath tests and random vehicle inspections in exchange for driving on the taxpayer funded roads.
The stupid that hurts most in this deal, imho, is that the testee was not not suspected of anything, he was simply involved in a motor vehicle accident and they wanted "...to determine whether the patient had illicit substances in his system at the time of the crash". There was zero probable cause for the attempted blood draw. This is the kind of shitty police work that is well, shitty. Defective Payne is truly a dumbass, as is his stupidvisor who directed him to get the sample.
Classy guy, a shining example of how NOT to be a good Cop.
"As he stands in the hospital parking lot after the arrest, Payne says to another officer that he wonders how this event will affect an off-duty job transporting patients for an ambulance company.
“I’ll bring them all the transients and take good patients elsewhere,” Payne says."
http://www.sltrib.com/pb/news/2017/08/31/utah-nurse-arrested-after-complying-with-hospital-policy-that-bars-taking-blood-from-unconscious-victim