When does common sense come into play with police? Did it really matter that she was recording?
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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.