Woman Thrown In Jail For Legally Recording Traffic Stop

Mikael Thalen
by
February 18th, 2014
Updated 02/25/2014 at 2:33 am

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 O’Brien 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.

“Ok, well I have to tell you that you’ve just committed a felony,” O’Brien says.

Confused at the false claim, Berning barely has time to react as the deputy begins demanding the phone, now heading towards the passenger side door.

“You are committing a felony. Hand me the phone,” O’Brien says.

Berning can be heard demanding O’Brien leave her vehicle as the deputy climbs in and begins physically attempting to take the device.

“I know the law better than you, believe me,” O’Brien says as Berning refuses to comply.

By the end of the altercation, Berning is arrested and dragged to O’Brien’s police car, left with scrapes, bruises and a strained wrist.

Despite the deputy continually claiming her actions were illegal, Berning was only charged with resisting arrest and minor traffic violations, leading many to believe O’Brien knowingly violated her First Amendment.

After being forced to spend the night in jail, all of Berning’s charges were quietly dropped, giving more credibility to the idea that O’Brien’s only goal was illegal intimidation. Berning has now filed suit against the Broward Sheriff’s Department.

“There was a battery that occurred, false arrest, false imprisonment,” Berning’s lawyer, Eric Rudenberg said.

Unfortunately, similar instances of First Amendment violations by law enforcement continue to appear on news feeds across the country.

Just this week, a New York man was assaulted and arrested for video recording a police encounter from 30 feet away. Although the offending officer believed he had deleted the man’s footage, a police report was soon called into question as the footage was recovered, contradicting the officer’s claims.

Officers from the Newark Police Department attempted to take a man’s cellphone last year after claiming it could potentially be a firearm, a strange new tactic officers have used to avoid being filmed.

Unsurprisingly, officers that defend the right to record government employees have become literal rock stars among the public, leading many to hope that other officers will follow their lead.

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Category: Free Speech, Injustice, US

Mikael Thalen

About the Author ()

Mikael is the lead features writer at Storyleak.com. His articles have been featured on sites such as the Drudge Report, Infowars and Natural News. During his time at Examiner.com, he was frequently ranked the number one political writer.

Comments (94)

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  1. No Name says:

    I wish the author would research the law before titling this article. Moreover, I wish the author's links to the "supreme court" actually worked.

  2. Fight4freedom says:

    Things will get worse before they get better. " How do you get rid of a bad law? You enforce it strictly and the people will resist it. " -Abraham Lincoln. Now as we are rats in the corner, are we going to stand up and fight for our rights or allow history to repeat itself.

  3. Jonathan Andrews says:

    I am glad that in Australia [so far] we haven't got MORONS like that in our police force as i have said in other comments on other articles on the net I WOULDN'T GO TO THE USA EVEN IF I GOT A TICKET FOR FREE.

    • HP X says:

      I live in Canada, where there is a legal system very similar to what's in place in Australia. And like Australia, most of the cops in Canada aren't morons (although exceptions exist), and they're generally well-trained and subject to a very significant degree of civilian oversight. In Canada, a scenario like the one portrayed in the article would be rare. The only time police in Canada would ever arrest someone for recording their activities would be in a case where the person doing the recording was genuinely interfering with their efforts to properly discharge their duties – in other words, intervening to the point of obstructing police.

      Unlike the US, police in Canada are increasingly being trained in de-escalation techniques to minimize the chances of either police or suspects overreacting in any interaction.

      Like you, I find myself increasingly reluctant to even consider visiting the US, given all the stories of serious police brutality emerging lately. Our American cousins really need to start getting a grip before things get worse.

      • jjj says:

        Yeah cops are getting more and more moody lets just say.. They are turning into very bad people who think they are above the law.. but they are only to enforce the law and protect civilians at least that is the way it used to be.. now they are looking more and more like military and acting like it too…

  4. ALERT! We, "the awakened", I regret to say, have also been duped. Have you ever asked yourself, why all recent false-flag events have been so obvious? Especially 911. Have you ever asked yourself why we were given Internet, Youtube etc. at about the same time as 911? Precisely, so those of us capable of waking up, would wake up. And since then we have all been waking up others. Now, more or less, all those capable of waking up have woken up and we have all been identified. When the time comes we will all be rounded up and eliminated. And only sheeple will be left.

    • Mr.Lincoln says:

      Sep 11, 2013 James Corbett of corbettreport.com presents this 5 minute parody of the official conspiracy theory of 9/11
      https://www.youtube.com/watch?v=vrJiKbK0tVM&f

      • WeeToddEdwards says:

        I love that link

        • RogerDodger says:

          I do too.

          We sure have sunk to new levels.

          A nation of imbeciles, wanting more free stuff.

          • WeeToddEdwards says:

            What ever happened to being proud of what you worked for and being able to buy your own stuff? Everyone wants a handout.

            I am proud to say eveything I own is paid for except the truck I bought last year. My home is the biggest thing. I may not have a ton toys ( I do have some) but I have land, a home, a great family and I am not in in any hard core debt. IF I want something I buy it with cash. I see so many people now a days buying this and that on credit (I have never owned a credit card I have a company one) and they are so far in debt they can't see straight. I am proud to say I accomplished al lthat an I am stil lin my thirties.

          • RogerDodger says:

            The greatest desire that most folks have, is unlimited cable, two changes of camo, and a free Duck Kazoo.

          • WeeToddEdwards says:

            Yep, I don't have cable. I have a digital antena, netflix, and vudu

          • Roger says:

            Propaganda comes wrapped in many shapes today.

          • WeeToddEdwards says:

            What is that suppose to mean? I don't have cable and can't justify paying $70.00 a month (after all the hidden fees) to watch BS and commercials

          • Roger says:

            How nice to know you have been so successful.
            And it wasn't sharia style justice or the calls for revolution that did it. It was the things Reagan pushed as president.

          • TiredOfRoger says:

            Shutthephuckup you imbecile.

          • Roger says:

            Still can't discuss or debate anything with a sane mannerism?

          • WeeToddEdwards says:

            That would be nice

          • Roger says:

            I'm not exactly surprised to see the troll patrol working together still.

        • Mr.Lincoln says:

          Thanks' for viewing and commenting WTE! I attempt to provide the best stuff I can locate and will not settle for fear mongering, and or propaganda. I have standards that you are very aware of! Peace out!

        • Mr.Lincoln says:

          2.3 TRillion Dollars Missing from DOD The Day before 9/11/2001
          http://www.youtube.com/watch?v=_rRqeJcuK-A

          • Alinsky Hero USA says:

            It didn't go missing the day before. That audit was started before Bush took office,

            The DoD loses that kind of money all the time.

          • Roger says:

            And that doesn't make it right or any better.

            The people that earn that money worked hard and could have used it.

          • RogerDodger says:

            Do some research.

            From 1996 forward, approximately 8.5 Trillion dollars have gone down the proverbial black hole in the Pentagon. Never to be seen, or spoken of again.

            We are in some deep kimchee in this failing Country.

          • Mr.Lincoln says:

            It did and I know all of the monies lost at that sink hole!

            SEPTEMBER 10, 2001 Defense Business Practices

            Secretary Rumsfeld and other officials talked with reporters about the need to refine the Defense Department’s business practices. An opening ceremony will kick off Acquisition and Logistics Excellence Week. They answered questions from members of the media
            http://www.c-span.org/video/?165947-1/defense-bus

          • RogerDodger says:

            Mr. Lincoln,

            Anyone who believes the 9/11 story and explanation, will also believe Snarlin' Arlen Specter' "Magic Bullet Theory", and also believe that Lee Harvey Oswald acted alone, and there were aliens on the Grassy Knoll.

          • bubu says:

            140408
            “According to some estimates we cannot track $2.3 trillion in TRANSACTIONS,” (i.e. record keeping NOT lost or stolen) Rumsfeld admitted in a press conference Sept 10, 2001. The report that detailed the $2.3 trillion within $7.6T in accounting entries appeared at the end of February 2000 in a Pentagon Inspector general report (Pentagon finances in disarray where half a trillion dollars of it was just corrections of mistakes made in earlier adjustments). The DoD budget in 2001 was $291 billion (1/8 of the $2.3T of balances, transactions and adjustments that were inadequately documented).

            The Defense Secretary was indicating there was a huge ongoing issue with departmental accounting. Since there were multiple reports of this issue prior to the twin tower attacks, then, it is hard to see any significance to Rumsfeld mentioning it again on Sept 10. The news was not concealed by what happened the next day, in any event: it was already firmly in the public domain.

          • bubu says:

            140408
            “According to some estimates we cannot track $2.3 trillion in TRANSACTIONS,” (i.e. record keeping NOT lost or stolen) Rumsfeld admitted in a press conference Sept 10, 2001. The report that detailed the $2.3 trillion within $7.6T in accounting entries appeared at the end of February 2000 in a Pentagon Inspector general report (Pentagon finances in disarray where half a trillion dollars of it was just corrections of mistakes made in earlier adjustments). The DoD budget in 2001 was $291 billion (1/8 of the $2.3T of balances, transactions and adjustments that were inadequately documented).

            The Defense Secretary was indicating there was a huge ongoing issue with departmental accounting. Since there were multiple reports of this issue prior to the twin tower attacks, then, it is hard to see any significance to Rumsfeld mentioning it again on Sept 10. The news was not concealed by what happened the next day, in any event: it was already firmly in the public domain.

            edit previous post did not show up

    • Mr.Lincoln says:

      2013: HOW ALTERNATIVE MEDIA INFLUENCED THE YEAR OF AWAKENING by Mikael Thalen December 31st, 2013
      http://www.storyleak.com/2013-year-awakening/

    • fredesmite says:

      he Internet and google were around way before 911.

  5. Alinsky Hero USA says:

    This happen last week to a black woman, but the phone recording was never posted on any conservative websites.

    This woman is white and pretty, so oh course they did a story about it.

  6. rogre says:

    Or he might have written her a ticket for her infraction.

    The fact that you haven't suggested that in your many attempts to comment on this are an indication that you would be a good fit for a contemporary police force. You've already got the 'stache.

  7. RogerDodger says:

    Poor Roger.

    A regular Piers Morgan of the Internet.

  8. rogre says:

    Roger the coward will delete this response…

    Roger, the appropriate action for the officer in this situation was to write a ticket. Everyone knows it. For some reason you feel he needed to go further by "having fun with her" or "ripping her a new one". Perhaps you ought to explore why you feel that way. It says some very unappealing things about you – things that everyone else sees plainly as a result of you online commenting.

  9. TheNewsMadd says:

    Let's face it. She's hot and he wanted to molest her

  10. panhead20 says:

    Why is the cop not prosecuted for violation of TITLE 18, U.S.C., SECTION 242, DEPRIVATION OF RIGHTS UNDER COLOR OF LAW?
    Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

  11. mike says:

    Oh, She's breaking the law driving in the car pool lane. and is more important than anyone else.
    Where's the audio of her giggling as she passes all those suckers who paid for "her" fast lane.

    Then she tries a little blackmail on the officer. I'm going to record you

    She dam lucky when she whipped out her cellphone the cop didn't think it was a weapon.
    maybe I mis read this or a lot of people like it when people say there going to record you.

    • GARY says:

      YOU ARE AN IDIOT ,TO THINK YOU WOULD SAY SOMETHING ABOUT THE FAST LANE ARE YOU FRIGGIN KIDDING ME .YOU MUST BE A FRIGGIN COP ,AND IF SO YOU SIR ARE A ASSHOLE .

  12. Unfortunately, similar instances of First Amendment violations by law enforcement continue to appear on news feeds across the country

  13. Have you ever asked yourself why we were given Internet, Youtube etc

  14. jenjen says:

    I'm sure this incident is low on his list of violations. We know he's a liar, and lying about the law to a citizen. His "services" are no longer needed. Good job for her standing up for OUR rights! If we don't no one will.

  15. Dazzling post.This is important for you that we got like right-lane traffic, usually crosswords solution.Like right-lane traffic, usually. Like right-lane traffic, typically could be a crossword clue that we've got noticed one time.Thank you.

  16. redmanrt says:

    Please post Berning's address and home phone number.

  17. Mr. Liberty says:

    Agreed 100% Doger and Wee. The Patriot Act is one of the biggest proofs that 9/11 was either an inside job (which I think it was)or a huge victory for “terrorists” because they successfully eliminated our liberty and freedom. Either way we as American citizens lost.

  18. Robert Graf says:

    The patriot act was intended to grant jurisdiction to the feds, who have almost none, at a local level. ALL government is forced slavery. A republic is in no ways democratic and democracy is not freedom. Government depends on your cooperation. There is no way they can control the masses: the masses must cooperate. If you want this to stop, stop cooperating. I do NOT advocate violating laws that result in your incarceration. Government is a system of dependency: the alternative is self sufficiency. Every little action you take to ensure your self sufficiency is a nail in their coffin. Grow your own food, if only enough for a single snack, you have taken action. Barter instead of using money. Think for yourself. Political ‘science’ is nothing more than the art of deception.

  19. Alinsky Hero USA says:

    Yes it does,

  20. Mr. Liberty says:

    That makes zero sense. A no vote is a vote for the incumbent. We need to vet candidates based on their constitutional morals, regardless of party.

  21. Robert Graf says:

    Any vote is an endorsement of the system. If you vote, you have given the system a claim to legitimacy. You have agreed to accept the outcome. If you vote, the mess we have now is partly your fault. If you are causing no harm,you are free to do whatever you choose. Your vote implies that you think you have the right to tell others what they can and can not do, as well as robbing them to pay for the enforcement of this slavery. Unless your life is absolutely perfect, you have no right to force this on others. Remember that even a parking ticket is considered sufficient reason to kill someone. If you get a ticket, and don’t show up for court, they have authorized themselves to force you into court against your will, based on their own self declared authority. Refuse to go and they consider themselves entitled to use as much force as they consider necessary to obtain compliance to their standards. Defending yourself from this forced abduction will be considered justification of the use of deadly force, at the sole discretion of the perpetrator. As for constitutional morals, the constitution was entirely a fraud, perpetrated by a group of overwhelmingly masons who violated the charter granted them by the continental congress when they declared the articles of confederation to be void. While you have been programmed to believe the constitution is one of, if not, the greatest documents ever written, the truth is far different. It was seen to be such a flawed document that the bill of rights was the first modification, as the main body provided absolutely no guarantee of human rights. What makes zero sense is endorsing the biggest group of liars on the planet to force compliance upon everyone but themselves. Are you an adult? Do you feel the need to receive permission from a pack of lying, murderous thieves? Your vote is an admission of willful perpetual refusal to grow up. Your says, ‘I want you to tell me what to do’. You have no right to expect others to be forced to comply with your desires. Start thinking for yourself, and quit messing with others. Voting will change nothing: only psychopathic or totally delusional halfwits involve themselves with politics, which is to baldfaced lies.

  22. Robert Graf says:

    All of government is corrupt, by its very nature. It is all a con game, perpetuated by the belief that somehow the people can not be trusted unless they are in government. Only those people who refuse to accept personal responsibility believe in government.

  23. Mr. Liberty says:

    Well said. Do you support at least some government? I think it is necessary but on an extremely limited basis. Funny how most Americans think our country is a democracy when in fact it is a constitutional republic.

  24. Mr. Liberty says:

    "Your vote implies that you think you have the right to tell others what they can and can not do, as well as robbing them to pay for the enforcement of this slavery."

    Disagree, my vote is me being able to express my opinion. My vote is me saying who I think should have the right to represent me. It is liberty. A lot of people have died for the idea of liberty, even if the war they were fighting may have been unjust. IMO I feel like their sacrifice is in vein if you do not cast a vote.

    "perpetrated by a group of overwhelmingly masons who violated the charter granted them by the continental congress when they declared the articles of confederation to be void."

    Agreed, most of the founders were masons. But I was under the impression the Illuminati infiltrated them at a later date. 1800s I believe, correct me if I am wrong.

  25. Mr. Liberty says:

    "Your vote implies that you think you have the right to tell others what they can and can not do, as well as robbing them to pay for the enforcement of this slavery."

    Disagree, my vote is me being able to express my opinion. My vote is me saying who I think should have the right to represent me. It is liberty. A lot of people have died for the idea of liberty, even if the war they were fighting may have been unjust. IMO I feel like their sacrifice is in vein if you do not cast a vote.

    "perpetrated by a group of overwhelmingly masons who violated the charter granted them by the continental congress when they declared the articles of confederation to be void."

    Agreed, most of the founders were masons. But I was under the impression the Illuminati infiltrated them at a later date. 1800s I believe, correct me if I am wrong.

  26. Mr. Liberty says:

    Agreed, most of the founders were masons. But I was under the impression the Illuminati infiltrated them at a later date. 1800s I believe, correct me if I am wrong.

    "Do you feel the need to receive permission from a pack of lying, murderous thieves? Your vote is an admission of willful perpetual refusal to grow up."

    Agreed, politics needs to be a public service, not a career. I am in 100% agreement that America is a captured country, but I still think we can save her. I still believe in the constitution. Call me optimistic or naive, but I cannot give up hope.

  27. RogerDodger says:

    Roger, the next time you delete one of my comments, I'll delete every future f ucking comment that you make, you ignorant c ocksucker.

  28. Roger says:

    If we had a government here to train us and teach us how to live on our own, then we could taper off. But right now so many are dependent on government it would be chaos if they stopped the control cold turkey.

  29. Rogre says:

    I think he said he wanted to shut that moron Roger up, so people of normal intelligence wouldn't have to listen to his endless nonsense.

  30. Mr. Liberty says:

    Wow…

  31. rogre says:

    Thanks for the insight into your trollish mind, as if we haven't already seen enough.

  32. Mr. Liberty says:

    Please read before you delete this comment Roger…

    Stop trying to pass blame for this cop onto this woman. Simply ticket this lady and move on. This cop is either a sexual deviant and wanted to feel this lady up, or a bully. Plain and simple. Please stop supporting the fascist police state.

  33. Roger says:

    I don't delete comments like that Liberty.
    And I am not putting blame on the woman for anything other than breaking the law and being in a lane she knew was wrong.

    The police officer, his trainer, the head of the department all need to be fired. The legislature needs to be called on their lack of over site.

    And stop pretending I'm supporting fascism.

  34. RogerDodger says:

    Roger, you are a f ucking liar. You delete every comment here.

  35. rogre says:

    Yes, it's too bad the cop didn't just troll her a bit. Imprisoning her though, that's over the line.

    Sometimes I wonder if you even think about what you're saying. Other times I'm afraid you do.

  36. Mr. Liberty says:

    Exactly, that is why they must be filmed/recorded so when the situation does go bad you have evidence of it. If there was no sound (no video, just an audio recording in this situation), it is the cops word versus yours. The court will rule with the cop in that situation 99.9999% of the time.

  37. rogre says:

    It's a bit pointless to call you out, I know. As soon as you see it's been done, you'll delete the comments and blithely carry on.

  38. rogre says:

    Nope, it wasn't me. Perhaps it was another of your many fans.

  39. Administrator says:

    Roger, you are an unmitigated and unabashed liar.

    Back in the day, a long, long time ago at Breitbart, I was an administrator. I read your posts there, where you solemnly swore that you never reported a comment to be deleted. Yet your IP address said otherwise. How do I know that? Because I looked at the IP address when you reported comments, and I read your emails when you wrote copiously to complain about anyone that you deemed unworthy.

    You're a fraud.

  40. rogre says:

    At least you're no longer suggesting that he should have toyed with her. See? You can learn! Good for you.

  41. Administrator says:

    ~Chortle~

  42. Administrator says:

    `SNORT!`

    Speaking of clever, where is the rest of your Clown Posse?

    HighPlainsDrifter
    Deusemachinery
    Falcoon
    Looking4Insanity
    ForConstipation
    DeeCaze
    Missy"8"

    Yeah. They were your original Brain Trust".

  43. rogre says:

    Physician, heal thyself.

  44. Administrator says:

    He couldn't heal a blister.

  45. RogerDodger says:

    Quit stalking me.
    There are laws that prevent that.

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