NJ Attorney General Guideline USE OF FORCE POLICY NJ Attorney General Guideline

Definitions Reasonable Belief Imminent Danger Substantial Risk Assessment that a reasonable LEO would react based on apparent facts and circumstances. Imminent Danger Threatened actions or outcomes that may occur during an encounter. Does not have to be instantaneous – Suspect with firearm running for cover. Substantial Risk Likelihood of injury or harm from actions.

Definitions Con’t Bodily Harm Serious Bodily Harm Physical pain, or temporary disfigurement, or impairment of physical condition. Serious Bodily Harm Bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault.

Use of Force Options Officers should employ the Use of Force Options when determining what level of force is appropriate and when the use of force should be escalated. Officers will be held strictly accountable for the use of force, justifying its use and reporting it.

Force Continuum Constructive Authority Physical Contact Physical Force Mechanical Force Deadly Force

Constructive Authority Does not involve actual physical contact with the subject, but involves the use of the law enforcement officer’s authority to exert control over a subject. Examples – Verbal commands, gestures, warnings and unholstering a weapon. Pointing a firearm at a subject constitutes constructive authority in appropriate situations.

Physical Contact Routine or procedural contact with a subject necessary to effectively accomplish a legitimate law enforcement objective. Examples – Guiding a subject into a police vehicle, holding a subject’s arm during transport, handcuffing a subject and maneuvering or securing a subject for a frisk.

Physical Force Contact with a subject beyond what is generally used to effect an arrest or other objective. Employed when necessary to overcome a subject’s physical resistance or to protect persons or property. Examples – Wrestling to the ground, using wrist or arm locks, striking with hands or feet, or other hand-to-hand confrontations.

Mechanical Force Use of some device or substance, other than a firearm, to overcome a subject’s resistance. Examples – Use of baton, canine physical contact or chemical agent.

Deadly Force Force with the purpose of causing substantial risk of causing death or serious bodily harm. Examples – Firing a firearm in the direction of another person, or a vehicle, building or structure in which a person is believed to be. A threat to cause deadly force does not constitute deadly force. https://youtu.be/cr03qYVwk5k

Use of Physical or Mechanical Force When the officer reasonably believes it is immediately necessary at the time to: Overcome resistance directed at the officer or others Protect the officer or other party from unlawful force Protect property Effect other lawful objectives, such as to make an arrest.

Use of Deadly Force When the officer reasonably believes such action is necessary to protect the officer or another person from imminent danger of death or serious bodily harm. If feasible, officers should identify themselves and state intentions prior to using deadly force.

Use of Deadly Force to Prevent Escape Officer had probable cause that subject has committed an offense in which subject attempted or caused death or serious bodily harm, and… Subject poses imminent danger of death or serious bodily harm should escape succeed, and… No substantial risk of injury to innocent persons.

Deadly Force Restrictions LEO under no obligation to retreat or desist, however officer shall not resort to deadly force if reasonably believe that alternative action will avert imminent danger at no increase risk to another person. Cannot be used to subdue person whose actions are only destructive to property. Cannot be used to subdue person whose actions are only injurious to themselves.

Deadly Force Restrictions Con’t Currently, less lethal ammunition can only be used in deadly force situations. No warning shots or signal shots. No firing at vehicles with purpose to disable them. Only fire at subjects in a vehicle there exists an imminent danger of death or serious bodily harm and no other means available to avert or eliminate danger.

Exhibiting a Firearm Firearm Maintenance To secure the firearm During training exercises When circumstances create a reasonable belief that it may be necessary to use the firearm When circumstances create a reasonable belief that display of a firearm as an element of constructive authority will assist to maintain control of a potentionally dangerous situation.

Target, Backstop and Beyond Caliber Maximum Range Effective Range .223 4500 yards 300 yards 9 mm 1900 yards 100 yards .45 2000 yards 00 Buck 630 yards 50-60 yards 1 oz. Slug 1260 yards

YOU are responsible for the terminal resting place of the round you fire.

Non-Traditional Weapons All department policies are not the same Permits the use of non-traditional weapons only in situations when officers confront dangers likely to cause themselves or others death or serious bodily injury absent defensive action and traditional weapons are immediately unavailable, ineffective or useless. Non-traditional weapons shall be used and reported consistent with your department policies

Non-Traditional Weapon Examples Portable radios Flashlights Pens/pencils Clipboards Telephones Keys Knives Vehicles

Duty Knives Have legitimate use in law enforcement Cutting seatbelts Cutting other ligatures Structure entry (when constitutionally permitted) Should be carried in a case/sheath on belt or secured on the uniform in an unobtrusive manner not to alarm any bystander. Blade length shall be limited to 3.5 inches

Prohibited Items Bayonets, daggers, dirks, stilettos, switchblades Fixed blades (except specialty assignments) Sap gloves (gloves filled with sand/metal or have studs on knuckles) Slappers, blackjacks

Post Use of Force Aid Officers will be responsible for taking immediate steps to obtain whatever level of medical attention is necessary anytime the use of any level of force results in any injury.

Reporting All instances when physical, mechanical or deadly force is used, each officer who has employed such force shall complete: Any reports made necessary by the nature of the underlying incident, and… Use of Force Report Supervisors must notify Division Commander and request Duty Detective.

Notifications Immediate to County Prosecutor when the use of force results in death or serious bodily injury or any injury as a result of the use of a firearm by a LEO. Notification made within 24 hours to DCJ by prosecutor’s office. Agencies will complete an annual report to the county prosecutor of any physical, mechanical or deadly force.