c*****g
发帖数: 21627 | 1 【 以下文字转载自 USANews 讨论区 】
发信人: choming (请抵制“十万强插”计划！), 信区: USANews
标 题: 妇女因录音与警察的对话而被无良警察非法拘留！
发信站: BBS 未名空间站 (Fri Feb 21 14:25:16 2014, 美东)
The Broward Sheriff's Office is facing legal trouble from a Florida woman
who claims she was physically removed from her car and thrown in jail for a
night — all for what the sheriff’s deputy described as the “felony”
crime of recording their traffic stop conversation.
Brandy Berning was pulled over by BSO Lt. William O’Brien for driving in an
HOV lane, she told a local ABC affiliate. The two engaged in discussion
about her traffic offense before Miss Berning told the officer she was
recording their talk with her cellphone.
“Oh, I forgot to tell you I was recording our conversation,” she said on
the audio recording.
The audio indicates Lt. O'Brien said a few seconds later: “You are
committing a felony. Hand me the phone.”
The officer then climbed into the car and tried to grab the phone from her
hand, Miss Berning said. She is heard on the audio demanding that the police
officer remove his hands from her body.
The audio: “Get off me! You are breaking the law! I am not getting out of
my car. Get off me!”
Miss Berning was charged with traffic violations and resisting arrest, but
not with any offense related to recording the conversation. She spent the
night in jail, but all charges were eventually dropped.
She’s since notified the Broward Sheriff's Office through her attorney that
she’s suing for battery, false arrest and false imprisonment.
“Touching me, trying to take my personal belongings from me, trying to put
me in jail for something so small,” she told the news station.
The incident comes as a former BSO sheriff, Paul Pletcher, fights criminal
charges of smashing a woman’s phone after she tried to videotape him during
a 2011 stop.
Recording police activity is legal under the First Amendment as long as the
recording doesn’t interfere with the officers’ duties — a decision
notably upheld in 2011 by the United States Circuit Court of Appeals in a
Massachusetts case.
© Copyright 2014 The Washington Times, LLC. Click here for reprint
permission.
Read more: http://www.washingtontimes.com/news/2014/feb/19/florida-sheriffs-sued-manhandling-woman-who-record/#ixzz2tzCsQtqn
Follow us: @washtimes on Twitter
由于Berning认为这位长官没有给出明确的理由，于是她决定录下她跟这位长官之间的
对话，并且在开始录之前告诉了这位长官。在得知这一信息之后，O'Brien的态度开始
发生转变，他说道，“我不得不告诉，你刚刚已经犯下了一项重罪。”之后，他还强烈
要求Berning把手机交给他。
很显然，Berning是不会答应这个要求的。她表示，自己明白自己享有的权力，她不会
被这位长官的恐吓给吓到。
O'Brien在录音中说道，“除非你把手机交给我，不然你今晚就得在监狱里度过。”结
果是，Berning那天晚上真的在监狱过了。
Berning告诉记者，那天，O'Brien狠狠地抓住她的手腕，致其受伤。
据悉，这件事发生在上一年的3月份。而在目前为止，她并未受到任何指控，经过深思
熟虑之后，日前，她决定站出来维护自己的权利。布劳瓦郡治安办公室表示不对未决诉
讼作评论。 |
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