When Police Use Force

In New Jersey, force in making or assisting an arrest is justifiable when the person using it reasonably believes it immediately necessary to effect a lawful arrest. It is not justifiable unless the purpose of the arrest is made known, or is reasonably believed already known or impossible to make known, and, for an arrest under a warrant, unless the warrant is valid or reasonably believed to be.

• §N.J.S.A. 2C:3-7

Deadly force in an arrest is not justifiable unless every one of these holds:

• §N.J.S.A. 2C:3-7

• The person making the arrest is authorized to act as a peace officer, or is assisting one when summoned.
• The person reasonably believes the force creates no substantial risk of injury to innocent persons.
• The person reasonably believes the arrest is for homicide, kidnapping, sexual assault, arson, robbery, burglary of a dwelling, or an attempt at one of them.
• The person reasonably believes there is an imminent threat of deadly force to the officer or a third party, or that deadly force is necessary to thwart one of those crimes or to prevent an escape.

• §N.J.S.A. 2C:3-7

Force to prevent the escape of an arrested person from custody is justifiable when it could have been used to make the arrest itself.

• §N.J.S.A. 2C:3-7

This is the statute, not an assessment. Whether any particular use of force was justified, and what claim may follow, turn on facts and on case law the section does not contain. A licensed New Jersey attorney is who answers them.

• §N.J.S.A. 2C:3-7