Can You Legally Record Police in Indiana?

In the age of smartphones, social media, and instant communication, holding public officials accountable is easier than ever. Everyday citizens recording encounters with law enforcement have shaped the national conversation around civil rights, police reform, and judicial transparency. For many, pulling out a cell phone to record an arrest or a traffic stop is a natural reaction to ensure safety and preserve an objective record.

But can you legally record police officers in Indiana?

The short answer is yes—but the rules governing how and where you can record have undergone a dramatic legal tug-of-war. In 2023, the Indiana General Assembly passed a controversial "25-foot buffer law," making it a Class C misdemeanor to get too close to an active police scene after being ordered to stay back. This sparked intense debate, constitutional challenges, and landmark federal court rulings.

Understanding where the law stands today is essential to avoiding arrest and protecting your civil rights. Here is a comprehensive look at your constitutional rights, the rise and fall of Indiana's 25-foot buffer law, and how you can protect yourself if you find yourself facing charges in the criminal defense system.

The Constitutional Right to Record Public Officials

Under established federal law, the right to record police officers in the execution of their public duties is firmly rooted in the First Amendment. This right is considered a cornerstone of free speech and a free press, ensuring that citizens can observe, document, and critique government activity.

First Amendment Foundations

The United States Supreme Court and various federal appellate courts have repeatedly affirmed that the public has a right to gather information about government affairs. Law enforcement officers are public servants. When they carry out their duties in public spaces—such as streets, parks, or sidewalks—they do so under the umbrella of public scrutiny.

The Seventh Circuit Precedent

Indiana falls under the jurisdiction of the U.S. Court of Appeals for the Seventh Circuit. In the landmark 2012 case American Civil Liberties Union of Illinois v. Alvarez, the Seventh Circuit ruled that the First Amendment protects the audio and video recording of on-duty police officers in public spaces.

The court ruled that recording is a vital precursor to sharing information about public safety and police conduct. While the government can impose content-neutral "time, place, and manner" restrictions, they must be narrowly tailored to address a compelling safety interest without unnecessarily silencing the public.

Enter the Indiana 25-Foot Buffer Law (I.C. § 35-44.1-2-14)

In 2023, Indiana lawmakers introduced House Enrolled Act 1186, which was codified as Indiana Code § 35-44.1-2-14. This statute, colloquially known as the "25-foot buffer law" or the "Unlawful Encroachment on an Investigation" law, officially went into effect on July 1, 2023.

What Did the Law Mandate?

Under I.C. § 35-44.1-2-14, a person commits the crime of "unlawful encroachment on an investigation" if they:

Knowingly or intentionally approach within twenty-five (25) feet of a law enforcement officer who is lawfully engaged in their duties; and
Do so after the officer has ordered them to stop approaching or to retreat.

Proponents argued the buffer was necessary for officer safety. They claimed onlookers standing too close could distract police, compromise evidence, or escalate high-stress situations like active arrests or crime scene investigations.

Criminal Penalties

Under the statute, violating this rule was classified as a Class C misdemeanor. In Indiana, a Class C misdemeanor carries a maximum penalty of:

Up to 60 days in jail
A fine of up to $500

Critics immediately sounded the alarm. The ACLU of Indiana, media organizations, and civil rights advocates argued that the law was a thinly veiled attempt to prevent citizens and journalists from clearly filming police misconduct. They argued that 25 feet is often too far to capture clear audio or observe fine details, effectively chilling the constitutional right to record.

The Landmark Federal Court Showdowns

Because of the immense constitutional stakes, Indiana's buffer law was immediately challenged in federal court. The legal battle culminated in two major decisions by the Seventh Circuit Court of Appeals.

The First Amendment Challenge: Nicodemus v. South Bend

In May 2025, the Seventh Circuit decided Nicodemus v. City of South Bend, a lawsuit brought by a citizen journalist who routinely filmed police activity. The court upheld the law against First Amendment claims, reasoning that it regulates physical conduct (approaching an officer) rather than speech or the act of recording itself. Since the law did not allow officers to disperse bystanders who were already stationary, the court did not find an outright constitutional violation on those grounds.

The Fourteenth Amendment Defeat: Reporters Committee for Freedom of the Press v. Rokita

While the law survived the initial First Amendment challenge, it faced a much more formidable obstacle: the Fourteenth Amendment’s Due Process Clause.

In August 2025, in Reporters Committee for Freedom of the Press v. Rokita, the Seventh Circuit Court of Appeals affirmed a preliminary injunction blocking the state of Indiana from enforcing the 25-foot buffer law. A coalition of news organizations successfully argued that the law was unconstitutionally vague.

The Seventh Circuit agreed. Writing for the three-judge panel, Judge Doris Pryor focused heavily on how the law failed to specify what behaviors would trigger a police officer to order someone to step back. Because the law gave individual officers the sole authority to declare a 25-foot "bubble" for any reason—or no reason at all—it invited arbitrary and discriminatory enforcement.

In a highly publicized and memorable line, Judge Pryor wrote:

“The Fourteenth Amendment will not tolerate a law subjecting pedestrians to arrest merely because a police officer had a bad breakfast — no matter how bitter the coffee or how soggy the scrambled eggs.”

The court concluded that because the statute gave unfettered discretion to police officers, it was void for vagueness and could not be constitutionally enforced.

Where Does the Law Stand Today?

The enforcement of Indiana's 25-foot buffer law (I.C. § 35-44.1-2-14) remains blocked by federal court injunction.

This means that law enforcement officers in Indiana cannot legally arrest you or charge you under the 25-foot buffer statute simply because you approached within 25 feet after being told to stay back. Because the law was ruled unconstitutionally vague, it is currently inoperative.

However, this does not mean you have free rein to disrupt police activity or act carelessly. While the specific 25-foot rule is inactive, other Indiana laws still govern your interactions with law enforcement. If you are arrested under the guise of this law, it is crucial to consult a criminal defense attorney immediately.

"Recording" vs. "Interference": What Can Cops Actually Do?

Even though the buffer law is blocked, you can still face severe legal consequences if your recording crosses the line into actual interference or obstruction.

When Recording Crosses the Line

You have the right to record, but you do not have the right to interfere with an active investigation or put officer safety at risk. If you engage in physical behavior that prevents an officer from doing their job, you can be arrested under separate Indiana criminal statutes.

Resisting Law Enforcement and Public Safety Interference

Under Indiana Code § 35-44.1-3-1, it is illegal to interfere with public safety or resist law enforcement. You can be arrested and face criminal charges if you:

Physically block an officer from making an arrest.
Intentionally get in the way of a medical or fire response.
Touch an officer, their equipment, or a suspect in custody.
Incite others to violence or actively try to help a suspect escape.
Enter a cordoned-off crime scene marked by physical barriers like police tape or cones.

If your encounter with police arose from a highly tense situation—such as a traffic stop involving suspected OVWI & Alcohol Offenses—it is crucial to remember that passengers and bystanders have a right to record, but they must do so from a safe position that does not physically impede the officer's field sobriety tests or physical containment of the driver.

Best Practices for Recording Police Safely in Indiana

If you choose to record a police encounter in Indiana, doing so safely and strategically can help protect both your physical safety and your legal standing.

Maintain a Reasonable Distance: Even though the 25-foot law is blocked, standing too close increases the likelihood that an officer will claim you are interfering. A distance of 10 to 15 feet is usually sufficient to record high-quality video without physically crowding the officer.
Make Your Actions Predictable: Do not reach into your pockets or bag suddenly to grab your phone. Keep your hands visible and inform the officer: "I am reaching for my phone to record this interaction."
Stay Calm and Silent: Do not argue, yell, or scream at the officers. Let the camera do the talking. Verbal arguments can quickly escalate a situation and may be used by police to justify an arrest for disorderly conduct.
Do Not Resist Physical Commands: If an officer tells you to back up, it is often best to comply physically while continuing to record. You can voice your objection on camera ("I am moving back as ordered, but I am continuing to record from this public space"). Fighting or physically resisting an officer on the street will almost always result in an arrest, regardless of whether the order was lawful.
Protect Your Phone: Police officers cannot legally search your phone or delete your footage without a warrant. If an officer commands you to turn off your camera or delete video, you do not have to comply. If they seize your phone, do not physically resist, but clearly state: "I do not consent to a search of my phone."

What to Do If Your Rights Are Violated or You Are Arrested

If you are arrested, threatened, or have your phone seized while lawfully recording the police, the actions you take immediately following the incident are vital.

Preserve the Evidence: Back up your video to the cloud as soon as possible. If your phone was seized, request its immediate return and do not provide your passcode.
Document Everything: Write down the date, time, location, officer names, badge numbers, patrol car numbers, and contact info of any witnesses.
Consult an Attorney: Facing criminal charges or having your civil rights violated is an incredibly serious matter. Whether your case involves a police stop or a traffic accident, having legal representation is crucial.

Contact Kaushal Law Today

If you or a loved one is facing criminal charges, or if you believe your constitutional rights were violated by law enforcement in Indiana, do not navigate the system alone.

At Kaushal Law, we are committed to defending your rights, protecting your freedom, and holding public entities accountable. Contact Kaushal Law today at 765-434-3787 or visit our contact page to schedule a consultation and learn how we can help you build a strong defense.

Disclaimer: The information in this blog post is provided for educational and informational purposes only and does not constitute legal advice.