A woman who was forced to spend a night in jail after recording a police officer on her phone has filed suit over wrongful imprisonment.

Brandy Berning, 33, was stopped for driving in the HOV lane at the wrong time and then began to record Lt. William O’Brien as he approached her vehicle.  When Berning said that she was recording the stop, O’Brien said she had committed a felony and demanded the phone.

The officer then argued with the woman over the next few minutes before reaching into the car to take the phone and spraining her wrist.

In Florida, both sides of a conversation are required to know that a conversation is being recorded.  It is legal for third parties to record a law enforcement officer performing duties.

The ACLU says it’s very likely the law will be on Berning’s side in the lawsuit.