Pierce v. Board of Nursing Education & Nurse Registration

THOMPSON (Raymond), J. pro tem.

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After accusation and hearing before a hearing officer who recommended revocation, respondent board concurred and petitioner’s license as a nurse was revoked. He was accused and found to have taken Librium, a prescription drug, without authorization from Patton State Hospital where he was employed, and gave some of said drug to one Glenna Marie Jermain who had been a patient at the hospital and was on probation for narcotics involvement.

In February 1963, at the Patton State Hospital where petitioner was employed, he met Glenna Marie Jermain, a patient. He knew that she had been addicted to narcotics and dangerous drugs. When she left the hospital, he maintained contact with her. On or about February 11, petitioner took

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some Librium capsules from a medicine cabinet at the hospital without a physician’s prescription or other authorization. A few days prior to February 18, Miss Jermain came to live with petitioner. Petitioner knew she was on probation because of an offense involving dangerous drugs and narcotics. On that day Miss Jermain had petitioner’s automobile and was supposed to have picked up petitioner at his place of work but failed to do so. Petitioner looked for his car and found it parked by the courthouse. Upon inquiring in the courthouse, he found Miss Jermain had been arrested and was there. The desk sergeant advised that Lieutenant Shepherd wished to talk to him. Lieutenant Shepherd, Detective English and petitioner had a conversation wherein petitioner was told Miss Jermain was in custody and capsules had been found at the residence of Miss Jermain and petitioner. Petitioner admitted to the officers that he had taken the capsules from the hospital to his home, used a few of them himself and given some to Miss Jermain. He admitted knowing they were prescription drugs and that it was wrong for him to have them.

Detective English was called as a witness at petitioner’s hearing and, after numerous objections and discussion, testified to the conversation above recited. Petitioner contends the search of his apartment was unlawful and therefore, as fruit of the poisoned tree, his admissions to Detective English should have been excluded.

The proceeding before the hearing officer was somewhat informal and the record is not altogether satisfactory as the basis for presentation of problems suggested by petitioner. It seems conceded, however, that the search uncovering the incriminating capsules was pursuant to the consent of Miss Jermain who was then residing with respondent. A deputy attorney general, representing respondent board, made the following statement for the record: 1 ‘Mrs. Cutler : To have it fully clear on the record, I don’t believe there is any dispute to the fact that a woman by the name of Glenna Marie Jermain was living at the residence of Tyree Pierce. This woman, Glenna Jermain, was currently on probation and the probation officer requested permission from Glenna Jermain to have the police officers search the premises where she was living. According to the report which Miss Jermain gave the probation department, her address was 132 East Bryant, San Bernardino, California, which was the residence of the respondent, Tyree Pierce,