[url]http://miami.cbslocal.com/2014/02/20/recording-traffic-stop-lands-davie-woman-in-jail/[/url]
[QUOTE]FT LAUDERDALE (CBSMiami) – A Davie woman plans to sue the Broward Sheriff’s Office after she was forced to spend the night in jail for using her cellphone to record a deputy during a traffic stop.
Last March, 33-year old Brandy Berning was pulled over by Lt. William O’Brien after she reportedly drove in the HOV lane at the wrong time, according to The Sun-Sentinel.
As O’Brien approached her vehicle, Berning hit the record button on her phone. She recorded about 15 seconds of the conversation before telling O’Brien that he was being recorded. That’s when the deputy told her she had just committed a felony and demanded that she hand over her phone.
Berning refused.
Bernings phone recorded her arguing with O’Brien for the next four minutes, he insisting that she was under arrest and must hand over her phone, she insisting that she didn’t do anything wrong.
At one point O’Brien reportedly reached into the vehicle and grabbed Berning’s wrist, spraining it, according to the paper. Berning said O’Brien got into her passenger seat and reached for her keys as he tried to force her from the car.
He eventually took her into custody and to jail where she spent the night. Berning was never charged and released the following day.
She’s now informed the sheriff’s office that she plans to sue.
In Florida, both parties are required to know when a conversation is being recorded. Berning recorded about 15 seconds of her conversation with O’Brien before informing him she was doing it.
However, it is legal for third parties to record a law enforcement officer performing their duties.
Barry Butin with the Broward American Civil Liberties Union told the paper there’s was good chance that the law will be on Berning’s side.
“Finding they’re liable for what they did, using what we think was excessive force just because she was recording him on her phone, that would drive home the point that police officers can’t do this,” said Eric Rudenberg, one of Berning’s attorneys told the paper.[/QUOTE]
I hope she wins. It's a little outrageous to overreact to being recorded like that.
[QUOTE=Trekintosh;43990684]I hope she wins. It's a little outrageous to overreact to being recorded like that.[/QUOTE]
I doubt she will. I hope she does though, because Florida is very strict on recording people without consent and thatd hopefully change things.
I have a dash cam, and one of the first things to know about owning a dash cam is, its illegal to record anyones conversation without their consent in Florida. I believe it falls under the law for wiretapping or some bs
I'm sure the cop was immediately thinking "Great, one of these whackjobs" as soon as he saw the camera
She will win.
You're allowed to record any public official when they are performing their duties, regardless of the two-party consent law.
[QUOTE=dbk21894;43991170]She will win.
You're allowed to record any public official when they are performing their duties, regardless of the two-party consent law.[/QUOTE]
[quote]In Florida, both parties are required to know when a conversation is being recorded. Berning recorded about 15 seconds of her conversation with O’Brien before informing him she was doing it.[/quote]
[QUOTE=dbk21894;43991170]She will win.
You're allowed to record any public official when they are performing their duties, regardless of the two-party consent law.[/QUOTE]
From what im reading, she really screwed up when she secretely recorded him. Openly recording police in Florida is fine, but secretely recording them isnt
[QUOTE=Kylel999;43991127]I'm sure the cop was immediately thinking "Great, one of these whackjobs" as soon as he saw the camera[/QUOTE]
I know right fuck those whackjobs and their wanting police accountability.
[QUOTE=zakedodead;43991676]I know right fuck those whackjobs and their wanting police accountability.[/QUOTE]
Watch it communist, or it'll be a sprained wrist for you
[QUOTE=BeardyDuck;43991301][/QUOTE]
read the next line
In Florida, both parties are required to know when a conversation is being recorded. Berning recorded about 15 seconds of her conversation with O’Brien before informing him she was doing it.
However, it is legal for third parties to record a law enforcement officer performing their duties.
what you quoted is when recording private citizens, nowhere in this article does it clearly state whether or not it is legal to record a police officer
[QUOTE=zakedodead;43991676]I know right fuck those whackjobs and their wanting police accountability.[/QUOTE]
There is a huge difference between being an activist and recording police brutality. But secretly recording someone during a traffic stop and not telling them is totally different.
Lady is an idiot and ignorance isn't an excuse for breaking the law.
where the fuck are you all getting that she secretly recorded the officer? She told him, did she not? Sure it was 15 seconds in, but she still informed the officer.
Is there any precedent for stuff like this? Does the 15 seconds of recording before she informed the officer negate the fact she ended up telling him?
I'm confused
[QUOTE=MetalT0ast;43991914]where the fuck are you all getting that she secretly recorded the officer? She told him, did she not? Sure it was 15 seconds in, but she still informed the officer.
Is there any precedent for stuff like this? Does the 15 seconds of recording before she informed the officer negate the fact she ended up telling him?
I'm confused, I hope she wins though.[/QUOTE]
for 15 seconds she was secretly recording the officer
the correct way to be a cop videotaper in a two party is say
"hello officer blah blah blah i'm informing you that i am recording this conversation"
then you start recording
Why is it illegal in so many states to record conversations? Are most people so duplicitous that their own words are their greatest poison?
[editline]21st February 2014[/editline]
I mean, I've met people like that, but they seem to be far from the norm...or at least thinking so is how I stay sane, and the things you say behind other people's backs are hardly damaging enough to warrant a felony. Other people can just say what you said/didn't say for the same effect.
[QUOTE=LordCrypto;43991941]for 15 seconds she was secretly recording the officer
the correct way to be a cop videotaper in a two party is say
"hello officer blah blah blah i'm informing you that i am recording this conversation"
then you start recording[/QUOTE]
This seems a little silly.
Maybe I'm being pedantic but what if the cop puts you in a position where you are not able to begin recording.
I think it would be better to allow recording then if the officer was not informed for it to be illegal to use or publish that recording. Or perhaps you could only use or publish the recording after the officer has been informed.
[quote=The article]Berning was never charged and released the following day.[/quote]
This goes to show that the lieutenant knew he fucked up and tried to keep the situation from going any further than it did. I think she'll win the case against the sheriff's office.
Laws to prevent people from filming eachother are rather shitty, it would let politicians get away with a lot of stuff. But we need to make sure filming people without conscent for stalking or doing creepshots is punishable still.
Laws are tricky.
[QUOTE=MR-X;43991824]There is a huge difference between being an activist and recording police brutality. But secretly recording someone during a traffic stop and not telling them is totally different.
Lady is an idiot and ignorance isn't an excuse for breaking the law.[/QUOTE]
15 seconds though? You're gonna try and argue that? She clearly let him know pretty fast; and if he couldn't tell with her holding up a painfully obvious camera on the back of a smartphone.
I don't give a shit what you say but a sprained wrist for something like that is pure bollocks. Police record everything they do with their dash cams, especially traffic stops in case things happen. They will have the video from his car and the video the woman took. I suspect since it was only 15 seconds the attorneys will be able to get a foothold in winning this case.
Maybe if it was multiple minutes without telling the officer; but 15 seconds?
And if a cop immediately started telling me I was committing a felony by recording him I'd be pretty pissed off myself
[editline]21st February 2014[/editline]
[QUOTE=dbk21894;43991170]She will win.
You're allowed to record any public official when they are performing their duties, regardless of the two-party consent law.[/QUOTE]
I expect she will too. Never know in Florida though
[editline]21st February 2014[/editline]
[QUOTE=Fatfatfatty;43995034]Laws to prevent people from filming eachother are rather shitty, it would let politicians get away with a lot of stuff. But we need to make sure filming people without conscent for stalking or doing creepshots is punishable still.
Laws are tricky.[/QUOTE]
You're right; it's certainly a double-edged sword in deciding laws regarding this sort of thing
[QUOTE=MetalT0ast;43991914]where the fuck are you all getting that she secretly recorded the officer? She told him, did she not? Sure it was 15 seconds in, but she still informed the officer.
Is there any precedent for stuff like this? Does the 15 seconds of recording before she informed the officer negate the fact she ended up telling him?
I'm confused, I hope she wins though.[/QUOTE]
Time does not matter. The fact is, she secretely recorded the officer.
Think of this, does time something is done matter on other laws?
EG;
'He only raped her for 15 seconds'
'He was only speeding for 15 seconds'
'He only held up the bank for 15 seconds'
I dont know any laws where you can do something illegal for a certain amount of time before getting in trouble for it
Regardless of what the law is, etc.
Why is it people feel the need to follow police officers around, stick a camera at them and always announce they are being filmed?
What purpose does that commit to?
Other than fishing for a lawsuit hoping to find a cop who overreacts.
[QUOTE=FordLord;43997036]Time does not matter. The fact is, she secretely recorded the officer.
Think of this, does time something is done matter on other laws?
EG;
'He only raped her for 15 seconds'
'He was only speeding for 15 seconds'
'He only held up the bank for 15 seconds'
I dont know any laws where you can do something illegal for a certain amount of time before getting in trouble for it[/QUOTE]
homie
pressing record for 15 seconds
is really fucking different from raping someone for 15 seconds
it's a really stupid law, what if it was a split second before she notified him?
"well it was a split second of breaking the law"
"what if someone raped for a split second"
your argument is asinine imo.
[QUOTE=HkSniper;43997232]Regardless of what the law is, etc.
Why is it people feel the need to follow police officers around, stick a camera at them and always announce they are being filmed?
What purpose does that commit to?
Other than fishing for a lawsuit hoping to find a cop who overreacts.[/QUOTE]
Capturing footage of you getting ticketed for jaywalking for your sovereign citizen blog.
[QUOTE=HkSniper;43997232]Regardless of what the law is, etc.
Why is it people feel the need to follow police officers around, stick a camera at them and always announce they are being filmed?
What purpose does that commit to?
Other than fishing for a lawsuit hoping to find a cop who overreacts.[/QUOTE]That is exactly why they do it. Which is why I hope she loses hardcore.
[QUOTE=Doctor Zedacon;43997723]That is exactly why they do it. Which is why I hope she loses hardcore.[/QUOTE]
I don't think expecting a professionally trained police officer to act calmly in a situation such as this compared to something real like a DUI/rape or someone committing a true crime is crazy; is that really so out of the question, dealing with the fact that cops record us and we can record them too?
If a cop can't keep his cool in this situation, doesn't that provide a little insight into how he'll act in more serious confrontation?
No. People like her are idiots who are trying to cause problems and police have to deal with them regularly. I enjoy seeing the piss taken out of them.
[QUOTE=Doctor Zedacon;43998254]No. People like her are idiots who are trying to cause problems and police have to deal with them regularly. I enjoy seeing the piss taken out of them.[/QUOTE]
So what I said has no merit?
You know the exact same as us on this case; what makes you so sure she was trying to "cause" shit?
I'd be pissed too if somehow I was in that situation and my wrist got sprained; I don't get how filming police is "causing so many problems" from what you say.
Doesn't mean there aren't people who abuse the system; obviously. But those are the people that deserve punishment
[QUOTE=MR-X;43991824]There is a huge difference between being an activist and recording police brutality. But secretly recording someone during a traffic stop and not telling them is totally different.
Lady is an idiot and ignorance isn't an excuse for breaking the law.[/QUOTE]
Fact of the matter is we haven't heard the recording, we have no idea what occurred in between the time she hit record and when she had a chance to tell him. For all we know, she hit record right as he reached her window and said, "Driver's license and registration, please." That takes just about 15 seconds, she probably warned him immediately after that when she had a chance to speak instead of just talking over him.
[editline]21st February 2014[/editline]
[QUOTE=Doctor Zedacon;43998254]No. People like her are idiots who are trying to cause problems and police have to deal with them regularly. I enjoy seeing the piss taken out of them.[/QUOTE]
You don't even know why this woman was recording. I see nothing wrong with people recording a traffic stop, and the officer shouldn't ever have a problem with it either if he has nothing to hide. Not EVERYONE records an encounter with a cop just to start shit, you know. And to be honest, I've even seen several videos of activist fucktards trying to record cops just to get a rise out of them, and the cops handle it incredibly well. This officer overreacted and he's going to take shit for it. If you pick a job that deals with the general public, you better have a lot of patience.
[QUOTE=Krooms;43997601]homie
pressing record for 15 seconds
is really fucking different from raping someone for 15 seconds
it's a really stupid law, what if it was a split second before she notified him?
"well it was a split second of breaking the law"
"what if someone raped for a split second"
your argument is asinine imo.[/QUOTE]
The point appears to fly way over your head.
The point is, it doesnt matter whether the law was broken for fifteen seconds or an hour. The law was broken either way.
The action of pressing record and the action of raping someone is different, however, in both cases, why exactly would you allow the law to be broken for a certain amount of time before arresting someone for it?
As far as your argument, if you break the law for a split second, its still breaking the law.
She doesnt have to actually notify him, its about openly showing that you are recording. Meaning, phone in clear view of the officer, rather than your phone being hidden from his view
[QUOTE=dbk21894;43991807]read the next line
In Florida, both parties are required to know when a conversation is being recorded. Berning recorded about 15 seconds of her conversation with O’Brien before informing him she was doing it.
However, it is legal for third parties to record a law enforcement officer performing their duties.
what you quoted is when recording private citizens, nowhere in this article does it clearly state whether or not it is legal to record a police officer[/QUOTE]
third party. which means somebody that's neither the officer nor the person being stopped by the officer.
Saying "b-but she didn't tell him for 15 whole seconds!" is dumb. So if the cop says "hello" and I say "hello, oh and officer, I'd like to inform you I am recording this conversation", you technically recorded him without permission for those 3 seconds before you told him.
If a cop pulls me over, says hello and immediately starts talking, I'm not gonna interrupt him. But when he's done explaining why he's pulled me over, 20 seconds might have already passed. Do I deserve to get arrested because I waited until he finished talking because I didn't want to be rude?
[QUOTE=LordCrypto;43991941]for 15 seconds she was secretly recording the officer
the correct way to be a cop videotaper in a two party is say
"hello officer blah blah blah i'm informing you that i am recording this conversation"
then you start recording[/QUOTE]
What if you keep a dash cam for insurance purposes though? That's constantly rolling.
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