N.J. Admin. Code § 13:97-2.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:97-2.4 - Deadly force; when justified and when restricted

(a) Deadly force includes, but is not limited to, the use of firearms and other lethal weapons.

(b) Deadly force may be used as described herein under limitations consistent with the provisions of the New Jersey Code of Criminal Justice, 2C:1-1 et seq., and with any applicable guidelines issued by the Attorney General under the following circumstances:

1. When the investigator reasonably believes that deadly force is immediately necessary to protect the investigator or another person from imminent danger of death or serious bodily harm.

i. Deadly force is not justifiable if the investigator can otherwise secure his or her complete safety or the complete safety of the protected person.

2. Under no circumstances shall prevention of an escape of a juvenile constitute independent grounds justifying use of deadly force.

(c) Where feasible, before using a firearm, the investigator shall attempt to identify himself or herself as an investigator and state his or her intent to shoot. An investigator shall not discharge a firearm as a signal for help or as a warning shot.

(d) The investigator shall not discharge a firearm if there is a substantial risk of injury to innocent persons.

(e) An investigator shall not engage in any vehicle pursuit. An investigator shall not fire his or her firearm from a moving vehicle or at the driver or occupant of a moving vehicle or engage in any vehicle contact action, such as ramming, unless the investigator reasonably believes that:

1. There exists an imminent danger of death or serious bodily harm to the investigator or another person; and

2. No other means are available at that time to avert or eliminate the danger.

(f) An investigator shall not fire a weapon solely to disable a moving vehicle.

(g) Whenever feasible, the investigator shall contact central communications to request assistance before engaging in any use of force that reasonably could result in serious bodily harm.

(h) An investigator is under no obligation to retreat or desist when resistance is encountered or threatened. However, an investigator shall not resort to the use of deadly force if the investigator reasonably believes that an alternative to the use of deadly force will avert or eliminate an imminent danger of death or serious bodily harm, and achieve the law enforcement objective at no increased risk to the investigator or another person.

(i) An investigator shall not use deadly force to subdue persons whose actions are only destructive to property.

(j) Deadly force shall not be used against persons whose conduct is injurious only to themselves.

(k) The discharge of any projectile from a firearm is considered to be deadly force, including less lethal means such as, but not limited to, bean bag ammunition or rubber bullets. For that reason, these and similar less lethal means of deadly force can only be used when an investigator reasonably believes such action is immediately necessary to protect the investigator or another person from imminent danger of death or serious bodily harm.

N.J. Admin. Code § 13:97-2.4