Driver spends night in jail after recording traffic stop on cellphone

[Origanalist]

A Davie woman spent one night in jail after she used a cellphone to record a Broward Sheriff's deputy during a traffic stop.

The minute Brandy Berning, 33, told Lt. William O'Brien she was recording the conversation they had when he pulled her over for driving in the HOV lane at the wrong time, O'Brien responds on Berning's audio with:

"I have to tell you, you just committed a felony."



For more than four minutes, the two argue: O'Brien insisting that Berning hand over her phone and that she is under arrest, and Berning insisting that she has done nothing wrong.

During the argument, O'Brien grabbed Berning's wrist, spraining it, Berning said. And he tried to take her car keys, getting into her passenger seat and trying to force her from the car.

"All I knew was I was trying to keep my phone," Berning said. "I knew I couldn't give him my phone, because I didn't know why he was acting the way he was if he didn't plan on doing something wrong."

Berning spent the night in jail in March but was never charged. Berning now has two attorneys and says she gave BSO notice that she plans to sue the agency.

A BSO spokeswoman said the agency doesn't comment on pending litigation.

Continued....http://www.orlandosentinel.com/fl-traffic-stop-cell-phone-20140218,0,1277314.story

[qh4dotcom]

Mistakes the driver made:

If you are going to record a cop, never tell the cop you are recording him.

If you record a cop, do it with an app like QIK that live streams to the internet...that way if the phone is seized, you can get the recording from the internet.

[Origanalist]

Mistakes the driver made:

If you are going to record a cop, never tell the cop you are recording him.

If you record a cop, do it with an app like QIK that live streams to the internet...that way if the phone is seized, you can get the recording from the internet.

Good advice.

[Occam's Banana]

If you record a cop, do it with an app like QIK that live streams to the internet...that way if the phone is seized, you can get the recording from the internet.

Especially this ^^.

[fisharmor]

This is why I also don't support the idea of sheriffs.

[Origanalist]

You have to give her props for standing up to the cop as the audio shows at the link.

[LibertyEagle]

Man, she had guts. Kudos. I hope she is successful in suing that asshole into oblivion.

[LibertyEagle]

According to the article...


Florida is a two-consent state when it comes to recordings, meaning both parties are required to know about the recording. Berning recorded about 15 seconds of her conversation with O'Brien before informing him she was doing it.

Does this include cops? I don't know.


Whether Berning had a right to record O'Brien is not clear under state law, said Barry Butin, co-legal panel chairman of the Broward American Civil Liberties Union. But because it is clear that third parties can record video of police performing their duties, Berning "has a good chance of the law being on her side," Butin said.


Pletcher allegedly took the phone and drove away while throwing it in pieces out the window. BSO recovered the phone and found a 22-second recording of an argument and what sounds like a struggle.


Berning said she decided to find a lawyer and sue because another sheriff's deputy, who she didn't want to identify, spoke to her while she was in jail and suggested she sue because what O'Brien did was wrong.

So much for ^^ this guy's job. I almost wish she hadn't outed him, because they are going to make him pay for going against the clan.

[Natural Citizen]

I had started a thread regarding the coming war on personal photography some time ago. And, of course, here we are. I couldn't find it with the search function here but did find, many, many other specific papers where there are examples of it since then.

So, that's what this is. It's war against personal photography.

Anyhoo... Seattle considering $1.6 million facial recognition surveillance system (http://rt.com/usa/seattle-surveillance-dhs-grant-943/)

http://cdn.rt.com/files/news/22/a7/70/00/000_par7791959.si.jpg

[Origanalist]

Pletcher allegedly took the phone and drove away while throwing it in pieces out the window. BSO recovered the phone and found a 22-second recording of an argument and what sounds like a struggle.

I think that was a different incident with different people LE.

[eduardo89]

If you are going to record a cop, never tell the cop you are recording him.

In some states, such as Oregon, you must inform the other party that you are audio recording.

In Florida, where this happened, both parties must consent to begin recorded. This will probably change now. This case will likely strike down that statute as unconstitutional when it comes to public officials, but until that happens it remains illegal.

[LibertyEagle]

I think that was a different incident with different people LE.

Yup, I missed that. Thanks.

[idiom]

"You are being recorded. If you do not consent to be recorded you have the right to end your arrest attempt and walk away."

[kcchiefs6465]

"You are being recorded. If you do not consent to be recorded you have the right to end your arrest attempt and walk away."
Amen.

Only a particularly unjust and unrighteous Man (denoting humanity), acting under supposed color of the Law, would object to being recorded. Much less forcibly assault a woman.

Now if I spoke of legal precedent with regards to the level of which she was rightfully, or another acting in capacity was rightfully, able to defend herself from said abduction and possible confiscation of property or worse, one might (or rather would) misrepresent it. Not to mention the summary trial often received by way of those "serving and protecting" to those who simply wish to assert their God given and Constitutionally predefined rights.

There are many years of court precedents defining the legal capabilities of citizens. We are all citizens. Disregarding unjust laws and orders simply being one of the precedents, if not obligations of any Just society.

[Brian4Liberty]

Video at link:

http://www.storyleak.com/woman-thrown-jail-legally-recording-traffic-stop/

[unknown]

According to the article...

Does this include cops? I don't know.

So much for ^^ this guy's job. I almost wish she hadn't outed him, because they are going to make him pay for going against the clan.

I think a person has to record the incident for his or her personal safety.

And then deal with the legality later if that recording becomes necessary.