Indiana Laws on Recording Police: Your Rights and the 25-Foot Buffer Law

Indiana residents have a First Amendment right to record police officers in public. You may also record your own police interactions without consent: federal law (18 U.S.C. 2511(2)(d)) lets a participant record in person, and Indiana's wiretap law (IC 35-33.5) allows it for calls. Indiana's 25-foot buffer zone law (IC 35-44.1-2-14) survived a First Amendment challenge in Nicodemus v. City of South Bend, 137 F.4th 654 (7th Cir. May 15, 2025), but in a later case the Seventh Circuit held that news organizations were likely to succeed in showing it is void for vagueness, and a January 9, 2026 federal judgment bars the Attorney General and Marion County officials from enforcing it against those organizations' members and employees.

Recording police officers in Indiana is protected by the First Amendment, and federal wiretap law lets you record conversations you take part in. You have the right to film law enforcement activity in public spaces, record your own interactions with officers, and livestream police encounters. This guide covers the constitutional basis for recording police, Indiana's two 25-foot buffer zone laws and their current status, practical guidelines for safely filming officers, and what to do if police tell you to stop recording.

Your Constitutional Right to Record Police

The First Amendment Foundation

The First Amendment to the United States Constitution protects the right to record law enforcement officers performing their public duties. Multiple federal circuit courts have recognized this right, and the Seventh Circuit Court of Appeals, which has jurisdiction over Indiana, Illinois, and Wisconsin, is among them.

In ACLU v. Alvarez (7th Cir. 2012), the Seventh Circuit held that the act of making an audio or audiovisual recording is protected by the First Amendment as a corollary of the right to disseminate the resulting recording. This means your right to record police is not just a practical privilege but a constitutionally protected activity.

What You Can Record

You can legally record police officers in Indiana when:

• Officers are in public spaces. Any police activity occurring on public streets, sidewalks, parks, or other public areas is subject to recording.
• You are witnessing a traffic stop. You can film traffic stops from the sidewalk, your vehicle, or any public vantage point.
• An arrest is taking place in public. Arrests occurring in public view can be filmed.
• Officers are interacting with you directly. As a participant, you can record your own conversations with police under federal law (18 U.S.C. 2511(2)(d)); Indiana's wiretap chapter (IC 35-33.5-5) covers calls and other transmitted communications, not face-to-face talk.
• You are at a public protest or demonstration. Recording police activity at protests is protected.
• Officers are entering or exiting a public building. You can film from public areas outside police stations, courthouses, and government buildings.

What You Cannot Do While Recording

Your right to record does not override other laws:

• Do not physically interfere with police operations. Standing in the way of an arrest, blocking a patrol car, or reaching toward officers constitutes obstruction.
• Do not trespass. You must stay in areas where you have a legal right to be. Entering private property, crossing police tape, or entering restricted areas to get a better angle is illegal.
• Do not resist lawful orders. If police are conducting a lawful operation and order you to move for safety reasons, you should comply while continuing to record from a farther distance.
• Do not tamper with a crime scene. Entering or disturbing a crime scene to film evidence is illegal.

The 25-Foot Buffer Zone Law and Its Current Status

House Bill 1186: What It Said

In April 2023, Governor Eric Holcomb signed House Bill 1186 into law. Effective July 1, 2023, the law made it a Class C misdemeanor (up to 60 days in jail and a $500 fine) to knowingly or intentionally approach within 25 feet of a law enforcement officer who is lawfully engaged in the execution of duties, after the officer has ordered the person to stop approaching.

Critics, including the ACLU of Indiana, argued that the law was designed to prevent citizens from recording police and undermined First Amendment accountability protections.

Nicodemus v. City of South Bend

Donald Nicodemus, a citizen journalist from South Bend who regularly films and livestreams police activity, challenged the law after officers used it against him while he was recording a police response to reports of gunfire in July 2023. When the first officer counted off 25 feet from a parked squad car, Nicodemus was already across the street and only had to move back a few feet. A second officer later ordered the group to move back another 25 feet, and Nicodemus protested that he had already been moved but complied after being threatened with arrest.

The case progressed through the courts:

1. District Court. The Northern District of Indiana held a full bench trial in October 2023, found the buffer law facially constitutional (only an incidental burden on First Amendment rights), denied Nicodemus's request for an injunction, and entered final judgment for the defendants (the city and the State of Indiana, which intervened to defend the law).
2. Seventh Circuit (May 15, 2025). The U.S. Court of Appeals for the Seventh Circuit affirmed. The panel held that IC 35-44.1-2-14 is a content-neutral time, place, and manner restriction that leaves open ample alternative channels for recording police, and it did not reach a vagueness challenge because Nicodemus had disavowed that theory before the district court and did not raise it on appeal.

The Seventh Circuit clarified that the buffer law is not a "force field": it does not let an officer order someone who is already standing still, or who is not currently approaching, to retreat, and it does not restrict continued recording from a fixed position after a lawful stop-approaching order.

Reporters Committee v. Rokita (Vagueness)

A group of news organizations, including the Reporters Committee for Freedom of the Press, the Indiana Broadcasters Association, and the Indianapolis Star, brought a separate challenge against the Indiana Attorney General and the Marion County prosecutor and sheriff. On August 5, 2025, the Seventh Circuit affirmed a preliminary injunction, holding that the plaintiffs were likely to succeed in showing the buffer law is void for vagueness because it gives officers no guidance on when a do-not-approach order may issue. The court wrote that the Fourteenth Amendment "will not tolerate a law subjecting pedestrians to arrest merely because a police officer had a bad breakfast."

On January 9, 2026, the district court entered a final judgment barring those three officials, and those acting in concert with them, from enforcing IC 35-44.1-2-14 against the members, agents, servants, and employees of the plaintiff organizations. The judgment does not protect anyone else.

The Second Buffer Law (IC 35-44.1-2-15)

While the Rokita appeal was pending, Indiana passed House Bill 1122, a second 25-foot buffer law codified at IC 35-44.1-2-15. It was signed on March 5, 2025, and took effect on July 1, 2025. The Seventh Circuit described it as identical to the original law except that an officer may order a person to stop approaching only if the officer reasonably believes the person's presence within 25 feet will interfere with the officer's duties. The new section did not repeal the original, and the State told the court that officers may rely on either law. We have not found a court challenge to the second law.

Current Status

As of November 2026, both buffer laws remain on the books, and no court order blocks enforcement of either one against the general public. Nicodemus rejected a facial First Amendment challenge, while the Rokita judgment protects only the plaintiff news organizations' members and employees. Knowingly or intentionally approaching within 25 feet of an officer after being ordered to stop is a Class C misdemeanor under IC 35-44.1-2-14. If you are charged, the Seventh Circuit's vagueness reasoning in Rokita may matter to your defense, so talk to a criminal defense lawyer.

You can still record from where you already are, from farther than 25 feet, or from a stationary position after an officer's stop-approaching order, since the law restricts approaching, not recording. If an officer orders you to stop approaching, comply and keep recording from that spot.

Recording Your Own Interactions With Police

Traffic Stops

You can record your own traffic stop in Indiana. As a participant:

• You can use your phone to record audio and video of the interaction
• You can use a dashcam that captures the encounter
• You do not need to inform the officer that you are recording
• Passengers can also record the interaction

Courts in Indiana's federal circuit have recognized a First Amendment right to record police, but no court there has decided whether an officer may order a driver or passenger to stop recording during a traffic stop. You can calmly say you would like to keep recording; if the officer insists, complying and challenging the order later is the lower-risk choice. Either way, remain calm, keep your hands visible, and avoid making sudden movements.

Arrests and Detentions

If you are being arrested or detained, you can continue recording as long as it is physically possible. The Supreme Court ruled in Riley v. California (2014) that police generally need a warrant to search the digital information on a cell phone seized from someone who has been arrested. Officers may seize and secure the phone to prevent destruction of evidence while they seek a warrant.

DCS and Government Agency Encounters

You can record interactions with Department of Child Services (DCS) workers, code enforcement officers, building inspectors, and other government officials who visit your home or interact with you. These officials are performing government duties, and as a participant in the conversation you may record it (18 U.S.C. 2511(2)(d)).

Recording Public Meetings and Government Proceedings

Indiana's Open Door Law

Indiana's Open Door Law (IC 5-14-1.5) requires public meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City and town council meetings
• County commission meetings
• School board meetings
• State legislative proceedings
• Public hearings

Livestreaming Requirements

Indiana's Open Door Law (IC 5-14-1.5-2.9, added by HEA 1167-2023) requires covered government bodies to livestream and archive their public meetings. Key provisions include:

• Governing bodies must post live video transmissions on a publicly accessible platform
• Recordings must be archived along with the agenda and minutes
• Archives must remain available for at least 90 days
• The agency chooses how the public gets access: free on a publicly accessible platform, or on a public records request from the agency's own storage, for which it may charge a fee
• Technological failures do not invalidate actions taken during the meeting

This law applies to counties, cities, towns, townships, school boards with elected members, and state agencies. Noncompliance can be reported to Indiana's Public Access Counselor.

What to Do If Police Tell You to Stop Recording

Stay Calm and Assert Your Rights

If a police officer tells you to stop recording:

1. Remain calm and polite. Confrontational behavior can escalate the situation.
2. State that you are exercising your First Amendment right. You can say: "I am recording from a public area and I am not interfering with your duties."
3. Do not physically resist. If police attempt to take your phone, do not fight over it. Note the officers' names and badge numbers.
4. Continue recording if possible. If you can safely keep recording, do so. The recording itself may become evidence of any rights violation.
5. File a complaint afterward. Contact the department's internal affairs division, the ACLU of Indiana, or a civil rights attorney.

Police Generally Need a Warrant to Search Your Phone

Under Riley v. California (2014), police generally need a warrant to search the digital contents of a cell phone, even one seized during a lawful arrest. Officers may seize and secure the phone while they seek a warrant, but before searching it, the Court held, they must get a warrant.

If police seize your phone, note:

• The officer's name and badge number
• The time and location of the seizure
• Whether any reason was given
• Names and contact information of any witnesses

Body Cameras and Dash Cameras on Police Vehicles

Indiana Law Enforcement Recording Policies

The Indiana State Police and many local departments use body-worn cameras and dash cameras. Indiana does not have a statewide mandate requiring all officers to wear body cameras, but many departments have adopted them voluntarily.

Body camera footage is generally subject to Indiana's public records law (IC 5-14-3), though certain exemptions apply for recordings that:

• Capture images of crime victims
• Contain information about ongoing investigations
• Show the interior of a private residence
• Include recordings made in healthcare facilities

Requesting Police Recordings

You can request body camera or dash camera footage through Indiana's Access to Public Records Act. Departments may charge reasonable fees for copies. If your request is denied, you can appeal to the Public Access Counselor.

Practical Tips for Recording Police

Equipment and Setup

• Use your smartphone. Modern phones produce high-quality video and audio.
• Enable cloud backup. Apps like ACLU's Mobile Justice automatically upload footage to a remote server, protecting it from deletion.
• Hold your phone steady. Landscape orientation provides a wider view.
• Maintain a safe distance. Stay far enough away to avoid claims of interference, but close enough to capture clear audio and video.

What to Capture

• Officers' faces, badge numbers, and patrol car numbers
• The location and time of the encounter
• Any use of force
• Statements made by officers and civilians
• The general scene and surrounding area
• Witness names and contact information when possible

More Indiana Recording Laws

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Frequently Asked Questions

Can I record police officers in Indiana?

Yes. The First Amendment protects your right to record police performing their duties in public. Federal law (18 U.S.C. 2511(2)(d)) also lets you, as a participant, record your own direct interactions with officers without informing them.

Is Indiana's 25-foot buffer zone law still in effect?

Yes, for most people. The Seventh Circuit rejected a facial First Amendment challenge in Nicodemus v. City of South Bend, 137 F.4th 654 (7th Cir. May 15, 2025). In a separate case, Reporters Committee for Freedom of the Press v. Rokita, the court held on August 5, 2025 that news organizations were likely to succeed in showing the law is void for vagueness, and a January 9, 2026 judgment bars the Attorney General and Marion County officials from enforcing it against those organizations' members and employees. For everyone else, continuing to approach within 25 feet of an officer after being ordered to stop is a Class C misdemeanor under IC 35-44.1-2-14, and a second, narrower law, IC 35-44.1-2-15, has applied since July 1, 2025. Neither law stops you from recording from where you are or from farther away.

Can police tell me to stop recording in Indiana?

Police can order you to move back for legitimate safety reasons, and the right to record does not protect interfering with their work. Courts in Indiana's federal circuit have recognized a right to record police in public, so an order to stop recording that has nothing to do with safety or interference is open to challenge, but no court there has squarely decided it. If asked to move, comply and keep recording from the new spot. If police seize your phone or delete footage, contact a civil rights attorney.

Can police search my phone without a warrant?

Generally, no. Under Riley v. California (2014), police generally need a warrant to search the digital contents of a cell phone seized from someone who has been arrested. Officers may seize and secure the phone while they seek a warrant, but they need the warrant before searching it.

Can I livestream police encounters in Indiana?

Yes. Livestreaming police activity is protected by the First Amendment. Platforms like Facebook Live, Instagram Live, and YouTube Live allow real-time broadcasting. Livestreaming also creates a remote copy of the footage that cannot be deleted by seizing your phone.

Can I record at a public government meeting in Indiana?

Yes. Indiana's Open Door Law requires public meetings to be open, and recording is generally permitted. Under IC 5-14-1.5-2.9, added in 2023, covered state and local governing bodies must also livestream their meetings and keep archived copies available for at least 90 days.