Dan Carden

A federal appeals court confirmed this week that an Indiana law requiring bystanders at the scene of a police investigation to stay up to 25 feet back, if requested by a police officer, is unconstitutional.

In a 3-0 decision , the 7th U.S. Circuit Court of Appeals let stand an injunction against House Enrolled Act 1186 (2023) after determining the statute is impermissibly vague and susceptible to arbitrary enforcement.

The court said the chief problem is the buffer law offers a police officer no guidance on whether a do-not-approach order should be issued in the first place.

"Without such guidance, any on-duty officer can use the buffer law to subject any pedestrian to potential criminal liability by simply ordering them not to approach, even if the pedestrian is doing

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