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Lawsuit: Woman Spends Night In Jail After Cop Said It Was ‘Felony’ To Record Traffic Stop Conversation

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File photo of a police car. (credit: Joe Raedle/Getty Images)

File photo of a police car. (credit: Joe Raedle/Getty Images)

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BROWARD COUNTY, Fla. (CBS Tampa) — The Broward County Sheriff’s Office is facing a lawsuit after a woman says she was forced to spend a night in jail after she recorded a conversation between herself and a police officer.

According to WPLG-TV, Brandy Burning was pulled over by Deputy William O’Brien because she was driving in an HOV lane.

During the encounter, Burning informed O’Brien that she was recording their conversation.

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

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

O’Brien reportedly went into Burning’s car to retrieve the phone.

“Get out of my car,” Burning said 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.”

“Get off of my key right now. Excuse me, get off of me,” Burning said in the recording. “You are breaking the law.”

Burning was eventually booked and did spend a night in jail. She was charged with resisting arrest and other traffic violations, but those charges ended up being dropped.

Burning claims she suffered injuries during the arrest, including a scraped leg and a sprained wrist.

“Touching me, trying to take my personal belongings from me, trying to put me in jail for something so small,” Burning told WPLG.

Burning is suing the Broward County Sheriff’s Office for false imprisonment, false arrest and battery.

WPLG reports the sheriff’s office has six weeks to respond to Burning’s lawsuit.

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