General Discussion

Lurks Often

(5,455 posts)

238. HIPAA becomes somewhat of a gray area when a criminal investigation

Thu Aug 21, 2014, 08:59 PM

Aug 2014

DOD already paid for the equipment, it's surplus to the military's needs and offered free to police departments:

http://www.washingtonpost.com/blogs/wonkblog/wp/2014/08/14/the-pentagon-gave-nearly-half-a-billion-dollars-of-military-gear-to-local-law-enforcement-last-year/

Most of it is relatively un-alarming such as generators, office equipment etc

As for covering up the body, the best link I could find suggests it is up to the lead homicide investigator or some senior to him, don't know what MO's is:
http://www.ci.minneapolis.mn.us/police/policy/mpdpolicy_10-100_10-100

http://www.rawstory.com/rs/2014/08/21/cnn-host-calls-out-ferguson-mayor-for-referring-to-michael-browns-body-as-an-it/ indicates that Brown's body was covered up at least part of the time and that some of the delay was caused by having the St Louis County Sheriff's department called in to investigate.

I understand the desire to cover the body, but the link to the Minneapolis PD certainly seems to suggest that doing so and then having to remove it one or more times, increases the chances of evidence being damaged or destroyed.

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My theory as to why Michael Brown's body lay in the street for at least 5 hours [View all] CatWoman Aug 2014 OP

I also think it was deliberate disrespect shown to a person of color. Cleita Aug 2014 #1

yep CatWoman Aug 2014 #2

Yes PatSeg Aug 2014 #127

I think this is key. It wasn't a direct fuck you to the community, rather an subconscious, Ed Suspicious Aug 2014 #223

Yes, just an extension PatSeg Aug 2014 #226

all of the above BaggersRDumb Aug 2014 #155

That's exactly what it was. BlueCaliDem Aug 2014 #3

No, it's called processing a crime scene properly Lurks Often Aug 2014 #4

um CatWoman Aug 2014 #5

And every crime scene is different and processed accordingly. Lurks Often Aug 2014 #12

very true CatWoman Aug 2014 #22

I'm sorry for your loss, but that doesn't make you Lurks Often Aug 2014 #26

Are you a law enforcement professional? bklyncowgirl Aug 2014 #36

I have had some law enforcement training and education Lurks Often Aug 2014 #42

You are wrong. Not normal for a crime scene body to lie uncovered for that long. Tommymac Aug 2014 #72

I looked up a few shootings and deaths on google randomly cleduc Aug 2014 #179

How about how long it took to cover those bodies? cui bono Aug 2014 #206

I didn't look at how long it took to cover the bodies cleduc Aug 2014 #207

"Some law enforcement training and education" LovingA2andMI Aug 2014 #137

Do some reading and educate yourself Lurks Often Aug 2014 #140

YOU FAILED TO ANSWER ..... the question. LovingA2andMI Aug 2014 #144

.. CatWoman Aug 2014 #242

Working security at the Tastyfreeze doesn't count. Shivering Jemmy Aug 2014 #192

Ah yes, cheap, ignorant personal attacks Lurks Often Aug 2014 #208

Just answer the question you've been asked--you're inviting comment by being coy. MADem Aug 2014 #230

You get the answer because you asked politely Lurks Often Aug 2014 #232

Were you an MP/MAA with the attendant MOS/NEC or was this a collateral assignment? MADem Aug 2014 #234

National Guard tasked with the Combat Support mission Lurks Often Aug 2014 #235

HIPAA is supposed to preserve privacy for a half century after death, but in reality, privacy MADem Aug 2014 #237

HIPAA becomes somewhat of a gray area when a criminal investigation Lurks Often Aug 2014 #238

That's why one of those pop up tents would have been perfect. MADem Aug 2014 #241

no CatWoman Aug 2014 #60

. Cooley Hurd Aug 2014 #168

... CatWoman Aug 2014 #171

You know a white victim heaven05 Aug 2014 #113

BULLSHIT!! I have had the unfortunate experience to happen across the body of a minister Ecumenist Aug 2014 #138

Here's a guide to crime scene protocol Lurks Often Aug 2014 #142

Can you tell me HOW MANY HOMICIDES you've investigated? HOW MANY murders of UNARMED Ecumenist Aug 2014 #150

Why did Michael Brown receive no medical attention? Is that police protocol also? sabrina 1 Aug 2014 #161

Sabrina, Lurks has a bootleg Palinesque sorta kinda legal education and apparently, they are also Ecumenist Aug 2014 #184

I understand, thought I might get an answer to my question, but that might be beyond the sabrina 1 Aug 2014 #199

Lurks seems to be one of the trolls who are determined to somehow justify the out and out Ecumenist Aug 2014 #202

Kansas City, MO guidelines for when a victim is treated or not by EMT's Lurks Often Aug 2014 #210

According to the link the EMT's did check Michael Brown Lurks Often Aug 2014 #209

see the video I just posted twice down below, I think the dude with medical kit snooper2 Aug 2014 #215

And you are not? Matariki Aug 2014 #219

Indeed cvoogt Aug 2014 #204

He wasn't uncovered for 5 hours, more like 10-12 minutes FYI snooper2 Aug 2014 #130

In a Chris Hayes interview last night, MindPilot Aug 2014 #141

That's why all the speculation and random people just saying things isn't "evidence" snooper2 Aug 2014 #214

And what's your source? nm rhett o rick Aug 2014 #158

Um, the video everyone should have watched by now snooper2 Aug 2014 #212

So Are There Any Photos Of The Processing Of The Crime Scene?...... global1 Aug 2014 #7

Is there any proof that they didn't process the crime scene? Lurks Often Aug 2014 #13

Can't prove a negative mahina Aug 2014 #28

Yup Lurks Often Aug 2014 #47

Who are you? ... N_E_1 for Tennis Aug 2014 #64

Aren't you cute Lurks Often Aug 2014 #66

Wow, isn't that special. Gemini Cat Aug 2014 #100

you're no expert heaven05 Aug 2014 #116

Which one is it? LovingA2andMI Aug 2014 #139

And what qualifications do you have? Lurks Often Aug 2014 #143

Deflecting is NOT THE ANSWER LovingA2andMI Aug 2014 #146

Copy... N_E_1 for Tennis Aug 2014 #172

what you said CatWoman Aug 2014 #67

@N_E_1 for Tennis ... Read this link. Try door #2 Tommymac Aug 2014 #80

There is a video that is 10 minutes long that started about 2 minutes after it happened snooper2 Aug 2014 #131

I Saw That Too.... global1 Aug 2014 #157

But they didn't even allow a nurse who came upon the scene to even CHECK him! Cooley Hurd Aug 2014 #8

As was stated in another thread Lurks Often Aug 2014 #14

As there was with James Brady after the assassination attempt... Cooley Hurd Aug 2014 #17

I don't recall that James Brady had brain matter all over the street Lurks Often Aug 2014 #39

Do you even listen to yourself when you talk? Jerry442 Aug 2014 #51

So what medical attention to you give to someone with Lurks Often Aug 2014 #71

Technically that patient is alive until someone declares him dead or rigor mortis has set in Horse with no Name Aug 2014 #79

+1 Tommymac Aug 2014 #81

...another +1 Cooley Hurd Aug 2014 #169

Yes, but being "technically" alive is not as much fun as the real thing. immoderate Aug 2014 #201

Jury Results. I'll just say that I was in the minority on this one. stone space Aug 2014 #105

His Death Was Ruled A Homicide otohara Aug 2014 #106

You seem confused. ManiacJoe Aug 2014 #117

Hey Genius...YOU HAVE NO IDEA what the hell you're talking about....People survive DEVASTATING Ecumenist Aug 2014 #166

What do you think was coming from the bullet hole in his head... Cooley Hurd Aug 2014 #167

James Brady = white. Duh. Totally different. nt valerief Aug 2014 #74

Which is why JFK WASN'T taken to a hospital, right? WinkyDink Aug 2014 #174

Can't they process a crime scene with the body covered up? Iron Man Aug 2014 #10

You risk disturbing evidence Lurks Often Aug 2014 #21

Like bleeding out for 5 hours destroying pavement blood spatters doesn't. Tommymac Aug 2014 #85

Saving a life more important than preserving a crime scene. HooptieWagon Aug 2014 #91

OMG, this is so ignorant. Bodies are covered ALL THE TIME, FGS. WinkyDink Aug 2014 #175

I have serious doubts about your CJ training. rbrnmw Aug 2014 #236

The only crime scene I've seen, the body was covered Patiod Aug 2014 #86

That also explains why the nurse couldn't approach to give First Aid. Octafish Aug 2014 #11

Holy Ouch, Batman! leftstreet Aug 2014 #19

Every human being represents an infinite miracle. Octafish Aug 2014 #34

That is beautiful! SammyWinstonJack Aug 2014 #76

Thank you. woo me with science Aug 2014 #229

Post removed Post removed Aug 2014 #156

You A Special Little Snowflake, Fella, Ain'tcha.... The Magistrate Aug 2014 #159

"They die." Yeah right. Sure they do. Talk is cheap. arcane1 Aug 2014 #160

Message auto-removed Name removed Aug 2014 #163

'If anyone tries to steal from me, they die.' leftstreet Aug 2014 #162

Limp internet tough guys are coming out of the woodwork this week. arcane1 Aug 2014 #164

Yep leftstreet Aug 2014 #165

DId some tough talking rightwing moron say something like "steal from me and you die" BaggersRDumb Aug 2014 #178

No, it's call dis R-E-S-P-E-C-T. GeorgeGist Aug 2014 #15

Believe what you like Lurks Often Aug 2014 #25

Actually you're speculating wildly too. What do you actually know? Lex Aug 2014 #43

It is standard police procedure in every major crime, especially a shooting, Lurks Often Aug 2014 #49

You don't know if it happened in THIS case. Lex Aug 2014 #50

You're reaching Lurks Often Aug 2014 #70

Unless you have proof they did follow standard procedure Lex Aug 2014 #73

@ Lex See my post #80. 'Splains a lot. eom Tommymac Aug 2014 #88

Yes it does. Lex Aug 2014 #120

I read about apologists like heaven05 Aug 2014 #124

Until that person was declared dead Horse with no Name Aug 2014 #82

+1 Tommymac Aug 2014 #89

Only we don't know when he was declared dead or by whom Lurks Often Aug 2014 #123

I have been a nurse for a quarter of a century Horse with no Name Aug 2014 #191

MO law appears to be different then where you live Lurks Often Aug 2014 #213

I see let the body decompose Tribalceltic Aug 2014 #23

and yet they didn't investigate properly lame54 Aug 2014 #24

Are you a cop? VanGoghRocks Aug 2014 #29

Probably just a cop apologist. n/t SwankyXomb Aug 2014 #102

I noticed crickets in response to my question, all of which triggered some vague memories VanGoghRocks Aug 2014 #104

Are you talking about the old entrapment urban legend? JoeyT Aug 2014 #134

Oh, snap! Your awesome sarcasm aside, I think there is some sort of rule\law that says that VanGoghRocks Aug 2014 #151

No. JTFrog Aug 2014 #195

And that myth leads to hundreds of arrests every year Recursion Aug 2014 #216

Yes... it is called proper crime scene protocol.... CherokeeDem Aug 2014 #30

At the end of one of the videos exboyfil Aug 2014 #37

Had the police officer been the one to die, I think it's safe to assume the Ferguson PD would have VanGoghRocks Aug 2014 #38

After all the talk about the cop shooting in self defense, the scene is now a shraby Aug 2014 #41

Based upon your statement, the shooter should not have been avebury Aug 2014 #45

I heard it was a white SUV with no markings whatsoever, not a police vehicle Lurks Often Aug 2014 #58

Right. Tommymac Aug 2014 #90

So you have nothing useful to offer? Lurks Often Aug 2014 #95

No I am following Your lead. Tommymac Aug 2014 #99

you're like that famous heaven05 Aug 2014 #119

Thank you, I always love personal attacks Lurks Often Aug 2014 #125

You are NOT open to heaven05 Aug 2014 #129

I'm certainly open to discussion Lurks Often Aug 2014 #132

It's not that as you say heaven05 Aug 2014 #180

I'm waiting for you to discuss and give you your vaunted opinion on when someone with a brain Ecumenist Aug 2014 #181

Waaaaaaaa Lurks Often Aug 2014 #182

Is it that I've made up my mind or that you're admitting that you don't know what the fuck Ecumenist Aug 2014 #185

Oops, bad news for you Lurks Often Aug 2014 #186

Sure so EVERYONE else is lying, including the NURSE that begged them to let them ASSESS the Ecumenist Aug 2014 #187

I provided the link that shows the ambulance crew Lurks Often Aug 2014 #189

One more time, HOW MANY HOMICIDES HAVE YOU INVESTIGATED, LURKER? See, you're talking to the Ecumenist Aug 2014 #190

I'm with you. Sivafae Aug 2014 #93

Utter and outrageous nonsense. As a criminal defense msanthrope Aug 2014 #75

You were a lot shorter then I was, but straight to the point, I went on and on. happyslug Aug 2014 #114

That quickclot and celox stuff is amazing. I've seen it used. msanthrope Aug 2014 #148

I'm glad you showed up heaven05 Aug 2014 #126

I've been sick about this.....just sick. nt msanthrope Aug 2014 #149

+1 COLGATE4 Aug 2014 #228

Why were there no portable curtains put around the body while processing it Marrah_G Aug 2014 #78

If that were the case Nativechef Aug 2014 #94

Leaving a person to die???? happyslug Aug 2014 #97

What law, please? Ms. Toad Aug 2014 #135

This is a Common Law Rule happyslug Aug 2014 #152

You've cobbled together a lot of pieces of law that don't really say what you think they say. Ms. Toad Aug 2014 #183

If you read the report of the Attorney General she mentions the COMMON LAW. happyslug Aug 2014 #194

I've been an attorney for years, Ms. Toad Aug 2014 #196

I avoid tort law, it is NOT in my practice. happyslug Aug 2014 #197

Generally speaking, there is not strict liability for bullets (or arrows, for that matter). Ms. Toad Aug 2014 #205

Strict Liability applies to how they are USED.. happyslug Aug 2014 #222

If you have to examine the use, it is not strict liability. Ms. Toad Aug 2014 #233

"Strict Liability" vs "Strict Rule of Extraordinary Care". happyslug Aug 2014 #239

Again - you are misstating the concept of strict liability. Ms. Toad Aug 2014 #240

Incorrect Lurks Often Aug 2014 #211

Missouri Law says otherwise. happyslug Aug 2014 #225

Believe what you wish Lurks Often Aug 2014 #227

I READ the documentation, such documents must be read strictly and carefully happyslug Aug 2014 #231

BS. It was the same deal when after they lynched someone they left the body up. Katashi_itto Aug 2014 #110

If that was the case... indie9197 Aug 2014 #115

No, it's not. See second shooting in nearby town where the body was removed in the NORMAL amount of sabrina 1 Aug 2014 #154

I would think trying to SAVE SOMEONE would come first!!!!!! You speak as though a coroner had been WinkyDink Aug 2014 #173

Yeah, and the crime scene is SUPPOSED to be processed ASAP! RoccoR5955 Aug 2014 #200

Oh yeah, leaving it out in the elements gollygee Aug 2014 #218

More like time to CYA n/t leftstreet Aug 2014 #6

That's exactly what it was. Iron Man Aug 2014 #9

That along with a long lecture what did you do? gordianot Aug 2014 #16

This message was self-deleted by its author 1000words Aug 2014 #18

How this is framed is the posters right especially on DU. gordianot Aug 2014 #32

This message was self-deleted by its author 1000words Aug 2014 #40

Emotions as they occur in humans are facts. gordianot Aug 2014 #59

Heads on pikes used to be how they gave that warning. MineralMan Aug 2014 #20

Yep, it's what they did back when they lynched black men. MohRokTah Aug 2014 #27

They didn't even have the decency to put up fucking privacy screens. (Those VanGoghRocks Aug 2014 #31

I thought there were pictures with barriers setup around the body? hexola Aug 2014 #35

I was wondering why they didn't use those screens Quayblue Aug 2014 #44

Mass disrespect to his loved ones and, to a lesser extent, the VanGoghRocks Aug 2014 #96

Did you see his father trying to get to him and being polly7 Aug 2014 #103

This is part of why people are angry Quayblue Aug 2014 #121

The crack staff of the Ferguson PD was busy underpants Aug 2014 #33

Like a public hanging Horse with no Name Aug 2014 #46

All they did is replace a hangmans noose with a gun HipChick Aug 2014 #54

Or a lynching... nt GliderGuider Aug 2014 #61

Why else? rock Aug 2014 #48

You don't move the body in a 840high Aug 2014 #52

Many years ago I witnessed a young man die in a motorcycle accident. Xithras Aug 2014 #53

Except the police car which was also a crime scene... vanlassie Aug 2014 #62

I can't deny... ReRe Aug 2014 #55

That was my thought on the matter. Same as when the 'strange fruit' Triana Aug 2014 #56

They should have instantly put the body in the SUV and driven to the coroner Travis_0004 Aug 2014 #57

That's exactly why the body lay there so long. Tatiana Aug 2014 #63

Does anyone know if a coroner visited the scene? GliderGuider Aug 2014 #65

Same reason as the Romans crucified people. Same reason the Saudis do so now even post execution. TheKentuckian Aug 2014 #68

Heads on pikes in the Elizabethan era. Manifestor_of_Light Aug 2014 #69

A modern day lynching malaise Aug 2014 #77

Spot On. Like leaving the body hanging for days to warn those uppity black folks. Tommymac Aug 2014 #92

This, and now, the (little) Grand (white) Jury will delay their ? until mid-October... Amonester Aug 2014 #83

Agree. Even if they had to "process the crime scene," there are screens that can be placed Hoyt Aug 2014 #84

Isn't there some kind of a law regarding onecent Aug 2014 #87

Jesus Fucking Christ Boom Sound 416 Aug 2014 #98

I am so sorry that this is the reality for so many Generic Other Aug 2014 #101

They treated the parents of Travon Martin like they were asking them, "Is this dead cat yours?" Spitfire of ATJ Aug 2014 #107

Completely agree. Gemini Cat Aug 2014 #108

The same way lynchings in the South used to hang for a long time. dballance Aug 2014 #109

I like to think it was because they were throughly investigating. I seen B Calm Aug 2014 #111

Bwahahahaha! Yeah, okay: "thoroughly investigating." WinkyDink Aug 2014 #176

Good theory. Enthusiast Aug 2014 #112

I'll bet my rear if it were Wilson down, they would have put up screens or had police Hoyt Aug 2014 #118

This message was self-deleted by its author 1000words Aug 2014 #128

I find that theory hard to dispute. lumberjack_jeff Aug 2014 #122

Catwoman, as a black woman, that's EXACTLY what it was meant for It's the same thing Ecumenist Aug 2014 #133

nother black woman here CatWoman Aug 2014 #145

AMEN, Catwoman and they have the collosal nerve to make these comments while admitting Ecumenist Aug 2014 #147

exactly it's intimidation of a whole community. nt bench scientist Aug 2014 #136

The 5 hours were spent creating their lies. SummerSnow Aug 2014 #153

Racism would be my guess. WinkyDink Aug 2014 #170

That sort of speculation is fun, but not that useful. Vattel Aug 2014 #177

Certainly there's some historical context to suggest that gollygee Aug 2014 #188

They didn't know at the time it would be world news so you may be right. Kablooie Aug 2014 #193

Without a doubt. n/t elias49 Aug 2014 #198

Yes that is exactly what it is. Rex Aug 2014 #203

CatWoman is 100% correct. wolfie001 Aug 2014 #217

After listening to one by-standers' heartbreaking observations as myrna minx Aug 2014 #220

I'm sorry but I don't agree that it was a warning... Chakaconcarne Aug 2014 #221

what ever CatWoman Aug 2014 #243

Now, I just thought it was MurrayDelph Aug 2014 #224