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.