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The 50-Foot Rule for Bystanders

Updated: Sep 13, 2024

It goes without saying that law enforcement is an incredibly dangerous job - but what could begin as a simple encounter can quickly erupt into an even more hostile environment with frustrated people surrounding all sides. While virtually all law enforcement officers know they can set boundaries for their safety, not all officers can properly explain their justification or the manner in which they enforce the common law leaves their enforcement legally questionable.


The 50-Foot Rule is a simple rule that is easy to remember and defensible in court, building off of the 21-Foot Rule (more like 32) that every cop should already know. There is no need to reinvent the wheel here. The 50-foot distance provides a clear standard for what constitutes a reasonable distance to keep bystanders back from traffic stops or other enforcement duties and helps officers to remember the legal requirements. The reasonableness comes from 3 critical elements:


1) Distance to perceive a threat

2) Distance to safely respond to a threat

3) Buffer for an officer's inability to monitor both situations simultaneously


Establishing and enforcing setbacks for bystanders can quickly run officers into legal trouble so they must be reasonable and clearly established.


ESTABLISHING CLEARLY SET LOCATIONS FOR BYSTANDERS IN TRAFFIC STOPS


An important part of implementing the 50-Foot Rule is ensuring that the distance is clear and understandable for everyone on the scene. To do this effectively, officers should establish specific, visible landmarks or set locations that serve as boundaries. Instead of simply instructing bystanders to "move back" without clarification, officers can say:


  • "Stay behind the stop sign."

  • "Stay on the sidewalk."

  • "Move behind the (color/type) car."


By using these concrete points of reference, officers make it easier for bystanders to understand where they need to be and make compliance easier while making prosecution for interference easily enforceable.


THE CONSTITUTIONAL REQUIREMENT FOR EXCLUDING BYSTANDERS IN TRAFFIC STOPS


The 50-Foot Rule is not only a practical safety measure that is a clearly established constitutional law supported by legal precedent. Officers have the constitutional authority to keep individuals at a reasonable distance from active scenes under both the First Amendment and Fourth Amendment principles. The U.S. Supreme Court, in Colten v. Kentucky (407 U.S. 104), affirmed that officers can legally enforce reasonable boundaries to ensure their work is not disrupted by bystanders or so that officers are not placed in unreasonable danger. "Officers (are) entitled to enforce (laws) free from possible interference or interruption from bystanders, even those claiming a third-party interest in the transaction." As always, any rule or limitation must be reasonable and limitations must be fair, clear, and necessary for officer safety or public safety.


Equal Treatment for Bystanders and Media


This constitutional authority extends to restricting access to media personnel as well. However, officers must ensure that media are not provided any less access than other bystanders, although they may be discretionarily provided more access - separating media from a location where non-media professionals are given access is a constitutional violation.


Implementing the 50-Foot Rule in the Field


Officers applying the 50-Foot Rule should follow these key practices:


  • Establish visible boundaries:


Identify clear landmarks like "behind the stop sign" or "on the sidewalk" to make sure bystanders know exactly where they should stand.


  • Communicate clearly:


Officers should provide specific instructions and ensure that all bystanders understand the boundaries being established and why they are important.


  • Maintain flexibility:


While 50 feet is the general recommendation, officers can adjust the distance depending on the number of officers on the scene or environmental factors.


  • Document decisions:


Officers should record their reasoning for setting specific boundaries to ensure legal clarity if questioned later.


SUMMARY


The 50-Foot Rule is a result of studies on distance, recognition, and reaction time. Officers need space to assess the scene and respond to any unexpected developments. A 50-foot perimeter ensures they have that room to react appropriately and quickly. With more officers on scene, officers will more quickly perceive threats and may not need all 50 feet. It is still only the distance of a commercial trailer or a bowling lane.


The 50-Foot Rule offers a clear, practical guideline for excluding bystanders from interfering with or obstructing active police scenes. It ensures that officers maintain control of their environment and prevents unnecessary distractions or obstructions that can jeopardize both public and officer safety. By establishing specific, visible boundaries officers can create a safer, more manageable environment while respecting the public’s right to observe from a reasonable distance.


References

Blair, P. (2024, February 26). 21 feet? More like 32. Tactical Science.


Colten v. Kentucky, 407 U.S. 104 (1972).

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