Brandy Burning, a single mom, was pulled over by BSO Lt. William O'Brien for driving in an HOV lane. After some back-and-forth about her traffic violation, Burning informed the officer that she was recording their conversation.
"Oh, I forgot to tell you I was recording our conversation," Burning is heard saying in the audio.
"I'm sorry?" O'Brien responds.
"I have to tell you, I forgot to tell you I was recording," she repeats.
It was at this point that O'Brien accused her of committing a "felony" and demanded the cellphone. He also told her he knows the law better than she does.
"You are committing a felony. Hand me the phone," O'Brien orders.
"No, I am not," the defiant woman says in the audio. "I am not giving up my phone."
As Washington Post opinion blogger Radley Balko correctly notes, "[In] every state in America, you are well within your rights to record an on-duty police officer."














