Woman Thrown In Jail For Legally Recording Traffic Stop




” 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.”


   Apparently Deputy O’Brien does not know the law better than Ms Berning and after assaulting her over the “felony” recording “crime” he didn’t even charge her for it …



Brandy Nicole Berning
Mugshot of Brandy Nicole Berning
Mugshot of Brandy Nicole BerningSheriff's Screenshot of Brandy Nicole Berning


Brandy Nicole Berning

” Charge(s)


Arrest/Booking Date
Arrested: 03/21/2013 – 47 weeks 6 days ago
Booking ID



More Information


Name: Brandy Nicole Berning



Date of Birth: –/–/—


Race: White
Gender: Female
Height (ft): 5′ 5″
Height (cm): 165 cm
Weight: 115 lbs.
Hair Color: Brown
Eye Color: Green



Booking ID: 501301882
Date of Arrest: 03/21/2013
Age when Arrested: 32
Arresting Agency: Broward Sheriff’s Office



Charge Desc: 1
Charge Bond: 100.00
Charge Bond USD: $100.00 USD Convert Currency
Charge Desc: 2
Charge Bond: 0.00
Charge Desc: 3
Charge Description: IMPROPER USE HOV LANE
Charge Bond: 0.00
Charge Desc: 4
Charge Bond: 0.00
Charge Desc: 5
Charge Description: FAIL TO DISPLAY VEH REG
Charge Bond: 0.00



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After enduring a night in jail the Sheriff’s office had second thoughts .



” 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.”


The lawsuit is in the works. Read more at StoryLeak