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Recording Traffic Stop
Lands Davie Woman In Jail

CBS News Miami, by Staff

Original Article

Posted By:NYC RAL, 2/20/2014 11:42:32 AM

FT LAUDERDALE - A Davie woman plans to sue the Broward Sheriff’s Office after she was forced to spend the night in jail for using her cellphone to record a deputy during a traffic stop. Last March, 33-year old Brandy Berning was pulled over by Lt. William O’Brien after she reportedly drove in the HOV lane at the wrong time, according to The Sun-Sentinel. As O’Brien approached her vehicle, Berning hit the record button on her phone. She recorded about 15 seconds of the conversation before telling O’Brien that he was being recorded. That’s when the deputy told her she

      


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Reply 1 - Posted by: NYC RAL, 2/20/2014 11:44:06 AM     (No. 9739806)

2nd story Sun Sentinel
http://www.sun-sentinel.com/fl-traffic-stop-cell-phone-20140218,0,2308695.story

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Reply 2 - Posted by: Patchy Groundfog, 2/20/2014 11:44:39 AM     (No. 9739808)

She´s a looker!

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Reply 3 - Posted by: ScarletPimpernel, 2/20/2014 11:52:21 AM     (No. 9739822)

This woman sounds like a flake. She didn´t have her registration, for starters, and she also has a problem with her temper. She may or may not be allowed to record a conversation, but she should have asked permission. She was resisting arrest and arguing with a police officer. She should have spent more than one night in jail. Sorry, I have no sympathy for her.

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Reply 4 - Posted by: mickturn, 2/20/2014 11:57:58 AM     (No. 9739832)

I had a similar experience but didn´t get arrested as the cop knew I had the video.

I did NOT tell him I was recording it, I just started my cell phone camera and set it on the edge of the passenger seat where it looked out the drivers window...after he wrote me a ticket he asked me if I was recording the incident and I said, what if I was...he said, no big deal it´s ´your right´.

I´ve had experiences with totally jerk cops and I use the video to show the ´police chief´ who is abusing their authority...

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Reply 5 - Posted by: BaseballFan, 2/20/2014 12:06:56 PM     (No. 9739847)

And a 2nd deputy at the jail threw the ultra-stupid LT under the bus. GOOD!

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Reply 6 - Posted by: Doctor P, 2/20/2014 12:29:46 PM     (No. 9739875)

let the lawsuits begin

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Reply 7 - Posted by: seamusm, 2/20/2014 12:31:04 PM     (No. 9739880)

Jack booted Nazi cop - hope he loses his job and his employer loses a mint. It doesn´t matter how rude she was - she still has rights which appear to have violated. Remember, the freedom of speech even covers ill-mannered speech.

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Reply 8 - Posted by: TexasHillCountry, 2/20/2014 12:33:20 PM     (No. 9739884)

Actually there is a limited right to resist an unlawful arrest.

If he had physically taken her into custody as a part of the traffic stop, that would be unusual, but permissible in most jurisdictions.

Arresting her for an act which is not a crime is, in itself, a crime: Kidnapping or unlawful restraint under color of law.

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Reply 9 - Posted by: Whamdbambam, 2/20/2014 12:38:26 PM     (No. 9739896)

Settle it. You´re going to lose in front of a jury.

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Reply 10 - Posted by: ROLFnader, 2/20/2014 1:43:00 PM     (No. 9739993)

There is a national group ( sorry , can´t remember their name) that makes it a point to video the police as they perform their duties for which we pay them. Imagine THAT! They´re all over Youtube and performing a very valuable service to their country. They win in nearly every encounter as there is no law against this act. If so , C-SPAN is breaking the law by recording our royal public servants. They refuse those surprise traffic pull-overs, too.

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Reply 11 - Posted by: Blunderbuss, 2/20/2014 2:38:25 PM     (No. 9740066)

So its illegal in one instance, but when you see the same thing on the fox channel show cops doing the very same thing, then its OK?

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Reply 12 - Posted by: bugboy, 2/20/2014 5:03:11 PM     (No. 9740260)

Communities are allowing their police departments to be turn into Gestapo units all in the name of safety.

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