N.J. Admin. Code § 13:97-2.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:97-2.3 - Non-deadly force; when justified

(a) An investigator may use non-deadly force against persons only under the following circumstances:

1. To protect self or others against the use of unlawful force;

2. To protect self or others against death or serious bodily harm;

3. To prevent damage to property;

4. To prevent escape;

5. To prevent or quell a riot or disturbance;

6. To prevent a suicide or attempted suicide;

7. To effect an arrest for any offense or crime under the laws of the State of New Jersey, subject to the provisions of (c) below; or

8. To enforce law enforcement objectives where expressly permitted by Commission regulations or in situations where the highest ranking investigator on the scene believes that an individual's failure to comply constitutes an immediate threat to the personal safety of investigators or others.

(b) Non-deadly force includes, but is not limited to, the use of the following:

1. "Physical force" which means contact with an individual beyond that which is generally utilized to effect a law enforcement objective. Physical force is employed when necessary to overcome an individual's physical resistance to the exertion of the investigator's authority, or to protect persons or property. Examples of physical force include, but are not limited to, wrestling a resisting individual to the ground, using wrist locks or arm locks, striking with the hands or feet, or other similar methods of hand-to-hand confrontation; and

2. "Mechanical force" which means the use of some device or substance, other than a firearm, to overcome an individual's resistance to the exertion of the investigator's authority. Examples of mechanical force include, but are not limited to, the use of a baton or other object, canine physical contact with an individual, or use of a chemical or natural agent spray.

(c) The use of non-deadly force to effect an arrest is only justifiable if:

1. An investigator makes known his or her identity and the purpose of the arrest;

2. An investigator reasonably believes that his or her identity and purpose are otherwise known by, or can reasonably be made known to, the person to be arrested; or

3. When the arrest is made under a warrant and the warrant is valid or reasonably believed by the investigator to be valid.

N.J. Admin. Code § 13:97-2.3