Florida Woman Spends Night in Jail for Recording Police Encounter; All Charges Dropped, Suit Pending
Published on February 18, 2014 · Filed Under Uncategorized
A Florida woman spent the night in jail this week after attempting to document her own police encounter. The woman, Brandy Berning, was pulled over by Broward Sheriff Deputy William O’Brien after driving in the carpool lane on Interstate 95. Berning immediately pulled out her cellphone and began audio recording the encounter, informing the officer several moments after he arrived to her driver side door. “Oh, I forgot to tell you I was recording our conversation,” Berning says.
Although Florida currently has a two-party consent law, which dictates that both parties must consent to being recorded, the supreme court has upheld that police officers do not have an expectation of privacy while working in public, therefore can be recorded without prior approval.
This story originally appeared at Story Leak.