Out of control police officer arrests nurse for refusing to draw blood of unconscious victim.

[diva77]

100. Thanks for clarification -- here's what Findlaw.com says about it

I wonder whether the jurisdiction where this took place required the warning prior to her being taken into custody?

http://criminal.findlaw.com/criminal-rights/miranda-warnings-and-police-questioning.html

SNIP...Miranda Warnings Don't Always Apply

There are two very basic prerequisites before the police must issue a Miranda warning to a suspect:

The suspect is in police custody
The suspect is under interrogation

It's crucial to understand these prerequisites because if you aren't formally in police custody, and you aren't being interrogated, the police don't have to give you a Miranda warning. This, in turn, means that the police can use anything you say until those two requirements are fulfilled as evidence against you.

Police Custody

"Police custody" is generally defined as anytime the police deprive you of your freedom of action in a significant way. Realistically though, it means being arrested. Some jurisdictions treat detentions differently than arrests, though, and a Miranda warning isn't required in such a situation.

Generally speaking, an actual arrest must take place before the police need to give you a Miranda warning. This means that simple things such as traffic stops or a police officer walking up to you and asking you questions are not considered police custody. When in doubt, just stay silent (except for the exception about identification discussed below)...SNIP