Recording the Police and Others

Knowingly or intentionally approaching within 25 feet of a law enforcement officer who is lawfully carrying out official duties, after the officer has ordered the person to stop approaching, is unlawful encroachment on an investigation, a Class C misdemeanor. The section is about distance after an order; it says nothing about recording from where the person stands.

• §IC 35-44.1-2-14StatuteUnlawful encroachment on an investigationOpens iga.in.gov ↗

The wiretap law's interception is the intentional recording or acquisition of an electronic communication's contents by someone other than a sender or receiver, without the consent of the sender or receiver. Knowingly or intentionally intercepting in violation of that law is unlawful interception, a Level 5 felony.

• §IC 35-31.5-2-176Statute"Interception"Opens iga.in.gov ↗
• §IC 35-33.5-5-5StatuteNonapplicability to interceptions authorized under federal law; classification of offensesOpens iga.in.gov ↗

Because the definition reaches only someone who is neither a sender nor a receiver, a party to a call recording it is outside it, and so is consent from either side.

• §IC 35-31.5-2-176Statute"Interception"Opens iga.in.gov ↗

An officer who, meaning to commit or conceal a criminal act, turns off or disables a law enforcement recording device against the agency's own rules commits disabling a law enforcement recording device, a Class A misdemeanor.

• §IC 35-44.1-2-2.5StatuteDisabling a law enforcement recording deviceOpens iga.in.gov ↗