‘Buffer’ bill mustn’t be used to keep Hoosiers from observing police: Report

Indiana’s 25-foot police “buffer zone” law, known as Public Law 67, has faced significant scrutiny since its passage, with critics arguing that its vague language invites constitutional challenges. The law allows police to establish a 25-foot “emergency area” around crime scenes, penalizing unauthorized individuals who intentionally cross the boundary with a Class C misdemeanor. However, its implementation has raised concerns about excessive restrictions on journalists, bystanders, and eyewitnesses. In 2024, U.S. District Court Judge James Sweeney II blocked the law, citing its vagueness, as it permits officers to expand perimeters without clear justification, potentially obstructing oversight and transparency, writes the Journal Gazette.

To address these issues, House Bill 1122 has been introduced to refine the law. Authored by Evansville Republican Wendy McNamara, the bill aims to clarify the circumstances under which police can enforce the 25-foot buffer. It specifies that officers must have a reasonable belief that a person’s presence would interfere with their duties to enforce the perimeter. Advocates, including the ACLU of Indiana, see this as a step toward balancing police needs with constitutional rights, allowing unobtrusive observation and recording by the public. However, critics remain cautious, emphasizing the importance of preserving the public’s ability to hold law enforcement accountable, as exemplified by cases like George Floyd’s, where citizen recordings exposed police misconduct and ensured justice.