- United States
- Ariz.
- Letter
I am writing to express my grave concern regarding the potential for "stay back" or "buffer zone" laws to be abused by law enforcement to shield misconduct from public view. While officer safety is a priority, these laws must not be used as a "visual blackout" tool to prevent the constitutional right to record police in public.
I urge you to introduce or support legislation that includes the following "Anti-Abuse" protections:
1 Ban on "Closing the Gap": Explicitly prohibit officers from walking toward a stationary citizen to "trigger" a distance violation. If an officer initiates the proximity, no violation has occurred.
2 Strict "Good Faith" Standards: Require proof that a citizen was physically impeding an officer's specific duty. Simply standing and recording from a distance should never constitute "harassment" or "interference."
3 Mandatory Consequences for Selective Enforcement: Establish civil penalties or disciplinary action for officers who use these laws to target critics or journalists while allowing "friendly" observers to remain within the buffer zone.
4 The "Clear View" Requirement: Ensure that any "stay back" order allows the citizen to maintain a clear, unobstructed line of sight and audio recording of the encounter.
5 Decertification for Abuse: Repeated or intentional abuse of buffer laws to suppress First Amendment rights should be classified as "serious misconduct," making the officer eligible for POST (Peace Officer Standards and Training) decertification.
Public trust in law enforcement requires transparency. We cannot allow safety buffers to become walls behind which accountability disappears.