We have another highly disturbing case involving a police officer who abused and arrested a citizen for recording an encounter. I have previously written about the first amendment right to videotape officers. The courts have consistently upheld this right despite efforts of prosecutors like Anita Alvarez in Cook County to put citizens in jail for such recording. However, police officers continued to misrepresent the law and seize cameras or threaten citizens with arrest. In a cellphone recording (available here), Florida mother Brandy Berning is roughed up and arrested by Broward Sheriff Deputy William O’Brien after he tries to seize her cellphone as evidence of the crime of recording him.
Berning was driving on I-95 when she was stopped for driving in an HOV lane. She decides to hit the record button on her cellphone for her own safety. She is heard telling the officer that she had forgot to mention that she is recording the conversation. O’Brien then responds menacingly. “Well I have to tell you that you just committed a felony.” He then demands her phone, which she refuses. He is then heard forcing his way into the car and trying to grab the phone. Eventually he pulls her out of the car as she screams and back up arrives to assist in the arrest.
She was dragged along the ground and thrown against the cruiser — experiencing cuts and bruises. She spent the night in jail.
Now here are two facts that we have repeatedly seen in these abusive arrest cases. She was never charged with the alleged crime — which does obviously exist. Second, all charges were later dropped.
It turns out that in July all officers received a briefing sheet that stressed that citizens have the right to film officers in public. O’Brien therefore roughed up and arrested a citizen without cause after misinforming her that she was committing a crime in engaging in a constitutionally protected exercise. While Florida is a two-party consent state, the Florida Supreme Court has ruled that such consent is not needed with regard to filming police in public.
Berning now wisely plans a lawsuit for battery, false arrest, and false imprisonment. Florida will end up paying unnecessary (though warranted) damages and litigation costs because of a failure to properly trained and discipline its officers. The question is what will happen with Officer O’Brien.
I would also like to know why O’Brien was not disciplined after the charges were dropped. Clearly supervisors and/or prosecutors were involved in that decision. Did anyone report O’Brien for discipline? Given the fact that Berning was never even charged with the crime of recording an officer, O’Brien either knew at the time or soon learned that there was no crime. Yet, he proceeded to charge her anyway with other crimes. We also should read his report on the arrest. It would be interesting if he omitted his original claim of criminal conduct (creating a false account) or whether his supervisor was informed that he is arresting people for non-criminal conduct.
In past cases, we have seen no action taken until the media reveals the abuse and even then officers are rarely terminated. Indeed, even in recent decisions dealing with shootings and innocent citizens, officers have not been simply sent to a couple classes on the use of lethal force.
These incidents reveal a sense of dangerous impunity by an officer who believes that he can physically drag citizens from their cars and seize cellphones. That may reflect more than a rogue officer given a prior similar case.
Should this be a terminating offense in your view? I am inclined to view such conduct as moving beyond a matter for simple discipline or retraining. The officer was abusing a citizen engaged in a protected activity after misrepresenting the law. In the very least it shows a shocking lack of personal restraint and judgment that present a public danger in such encounters. What do you think?
Kudos: Michael Blott
This is a disturbing trend in our country where Police Officers use reckless behavior for no apparent reason. It would seem to me that law enforcement should first attempt to de-escalate a potential physical encounter with the public. Instead, they react in a manner that is not only outside the law, but escalates into a situation where weapons and handcuffs are drawn.
Rogue cops need to be arrested and or dismissed from the force. Perhaps then we will see a return to the ideals that our police officers are there to serve and protect—instead of harass and arrest.
davidm:
“The police seem to have no respect for citizens anymore.
********************
That’s a pretty sweeping statement even for you. How’s this square with you sentiments about “the police.”
http://www.nj.com/cumberland/index.ssf/2011/04/late_millville_police_officer.html
Jerk meets camera. Camera most often wins
We had a judge in Parker County, Texas. He would like for me to write his name but I will not. He liked to abuse his power of contempt. He was known for throwing people in jail who were simply observing his court. Yes, the people of Parker County had to start going to his court just to observe his conduct. He was never al elected District Judge. He and his family arranged for him to sit as an appointed judge through the end of another’s term. We fired his ass at election time. Yes denying citizens constitutional rights should be a career ending offense. This officer and possibly his superiors need to hit the pavement. If we, the citizens do not stand up to be heard now, this conduct will continue until it is an accepted norm.
Mespo,
Maybe they can even appoint him chiefly judge…..but theoretically Obama could appointment himself as a Sct justice while still in office….. I see no constitutional prohibition….. But then that’s about as crazy as the snake ministers of Kentucky….. I don’t have that much faith either….
Isn’t the original stop for a civil infraction…. Seems the deputy needs another line of work….
Patricia:
I’ll list you as “undecided” in my poll about the advisability of Obama being appointed to the U.S. Supreme Court after his Presidency.
Patricia,
Your confirmation bias is showing. Two things. First of all, video cameras and smartphones were not as ubiquitous eight or ten years ago as they are now. Second, this has been going on a long time, and will continue long after Mr. Obama leaves office, no matter who is elected his successor.
Neither the President of the United States or his Attorney General influences–and is probably not even aware of–the training and supervision that goes on in local police and sheriff’s departments. Most such control is at the local level. One needs to look at city management and county commissions for solutions to rogue officers and rogue agencies. At some point the individual states are involved if they have POST (Peace Officer Standards and Training) Commissions .
Your observation is an example of a post hoc, ergo propter hoc logical fallacy.
Patricia: Thanks for the amusing display of O.D.D.S. Obama Derangement Derangement Syndrome.
The officer has violated a public trust and is unfit for service. We need to come down hard on everyone involved in this, or the problems will simply continue. The police seem to have no respect for citizens anymore.
Big, big lawsuit. Big, big settlement. Maybe, just maybe, the FL cops will learn, and the news will spread across the USA.
The illegal detention is a violation of her civil rights.
She needs to go after him personally where immunity does not apply.
But for all of us yelling: “she needs to…”, remember, it costs money.
Few of us have the $20-50K surplus needed to really punish that cop.
Police brutality is a disturbing and growing epidemic. The primary problem is police forces are allowed to police themselves. It should be mandatory that all police review boards are independent, overseen by people not involved in any way with the group they are judging.
The other very disturbing aspect of this incident is that the sheriff who did this clearly did so because he wanted to. There was no need to do what he did but he didn’t like her attitude and he was going to show her who was the boss. This arrest and his actions were all about ego. Too many of these officers have very fragile egos, as evidenced by their behavior. They are some of the least qualified people for the job they are hired to perform.
My guess for now is that human society is evolving from being based upon the social construction of reality to the real construction of society.
It seems to me that humanity is now embedded in a transitional phase, one in which biological science as evolved enough to be capable of effectively challenging essential aspects of the ancient pre-scientific superstitions upon which the social construction of reality critically depends.
Which came first? Tangible reality or the social construction of intangible (hypothetical and sustained only by inextricably religious dogmas and doctrines?) alleged reality?
In my science education, all hypotheticals are inescapably subject to eventual scientific falsification if actually false.
Can actually avoidable mistakes or actually avoidable accidents ever actually happen? My grasp of science, and especially my grasp of biological science, informs me that actually avoidable mistakes and actually avoidable accidents are actually absolutely impossible.
Does anyone find it odd that citizens are held to such an extreme “no tolerance policy” when it comes to adhering to thousands of laws, but law enforcement can do practically anything (including murder) and admit to nothing? Do we come off as that stupid when we are told the cops didn’t know any better? Come on all you district attorneys! Incidents like above happen everyday furthering the breach of trust between law enforcement and the public. No one is winning anything.
Forgot to subscribe to thread?
Karen Treadwell
” When will these idiots get it through their heads that they are not above the laws they enforce?”
Because defacto they are above the laws.
Not only should Officer O’Brien be disciplined or better yet removed, but his superiors should be disciplined as well, in my opinion.
I don’t recall hearing stories like this before Obama was elected. Is his Communist insanity contaminating the entire USA? Lois Lerner didn’t “just” happen to be a traitor in the IR Service. I believe there are many others like her that have waited for years for their Supreme Communist Leader’s election. When Universities and public schools have been and continue to be indoctrinated against America and America’s principles and values why are we surprised at what is happening? No other country but America would allow blatant indoctrination of the young. The Feds taking over Education put the head on the snake. Much easier to indoctrinated with one snake head instead of infiltrating each and every State.
I have been to Broward County, and Orange County, and they seemed like good places to live and raise a family. However, you keep hearing these incidents taking place. Over the past 4 or 5 years I’ve heard of so many of them. When will these idiots get it through their heads that they are not above the laws they enforce? I’m tired of it.