Woman files suit after being jailed for recording police officer during traffic stop

Deputy informed Brandy Burning that it was a "felony" to record him during a routine traffic stop.
Posted By Evan Bleier   |   Feb. 20, 2014 at 7:47 AM   |   Comments

BROWARD COUNTY , Fla., Feb. 20 (UPI) -- A Florida woman has filed a lawsuit after she claims that a Broward County Sheriff’s Office deputy told her that it was a “felony” to record him during a traffic stop and then forced her to spend a night in jail.

Brandy Burning is suing the Broward County Sheriff’s Office for false imprisonment, false arrest and battery after her encounter with Deputy William O’Brien. The sheriff’s office now has six weeks to respond.

O’Brien reportedly pulled Burning over because she was driving in a high-occupancy vehicle lane, and she told him she was taping their conversation on her cellphone.

“I have to tell you I forgot to tell you I was recording our conversation,” Burning said in a recording obtained by WPLG.

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

At that point the deputy attempted to get the phone out of Burning’s car. “Get out of my car,” she says in the recording.

“You are committing a felony. Hand me the phone,” O’Brien responded. “You’re gonna end up in jail if you don’t hand me that phone, tonight.”

Burning was charged with resisting arrest and traffic violations. But after spending the night in jail, the charges against her were dropped.

According to the lawsuit, Burning suffered a scraped leg and a sprained wrist during her arrest. “Touching me, trying to take my personal belongings from me, trying to put me in jail for something so small,” she said while describing the encounter.

[CBS Tampa]

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