Can you record police during protests or traffic stops? Here's what Indiana law says.

Kristine Phillips, Indianapolis Star
·2 min read
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Let's say you happen upon a physical struggle between a citizen and a police officer during a traffic stop, or you witness a violent scuffle between police and protesters, can pull out your phone and start recording?

The short answer is yes.

Reporters and the public can legally record government employees while they're engaged in their official duties as long as they're in a public place and they're not interfering with the officials' ability to do their jobs. Federal courts, including the U.S. Court of Appeals for the 7th Circuit, which includes Indiana, have held that the First Amendment protects video and audio recording of government officials performing their duties.

Indiana law allows members of the public to make video recordings of police interactions with the public, but a state law requires you to stay at least 25 feet away when recording.
Indiana law allows members of the public to make video recordings of police interactions with the public, but a state law requires you to stay at least 25 feet away when recording.

But there are now certain limits.

Last year, the state legislature passed a law creating a 25-foot buffer zone between police and civilians. Under HEA 1186, which Gov. Eric Holcomb signed in April, a person who comes within 25 feet of an officer after being ordered to stop can be charged with a Class C misdemeanor.

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The bill quickly drew criticisms from the American Civil Liberties Union of Indiana, which raised concerns it would restrict civilians' ability to scrutinize police's interactions with the public and to hold officers accountable when their actions lead to deaths or injuries.

IndyStar and several other media outlets and journalism organizations have filed a lawsuit alleging the law violates the First Amendment by severely limiting the media's ability to do their jobs. The ACLU of Indiana had a similar lawsuit filed on behalf of a South Bend citizen journalist who regularly posts videos of South Bend police on his YouTube channel.

Last month, a federal judge ruled in the South Bend case that the law is constitutional, saying it does not prevent members of the public from recording police.

IndyStar reporter Sarah Nelson contributed to this article. IndyStar reporter Kristine Phillips at (317) 444-3026 or at kphillips@indystar.com.

This article originally appeared on Indianapolis Star: What Indiana law says about recording police, government officials