NJ Tackles 3 Hot-Button Policing Issues With New Directives

NEW JERSEY — New Jersey’s attorney general has rolled out new, statewide directives that tackle three, hot-button policing issues: no-knock warrants, filming cops and diversity in hiring.

Last week, Acting Attorney General Andrew Bruck released details about a series of new policies that he said will “reinforce New Jersey’s position as a national leader in the policing profession.” See full details about each below, and read a summary here.

They include:

• “No-Knock” Warrants
• The Right to Record Police Activity
• Diversity in Law Enforcement Recruiting and Hiring

The new policies have seen support from several law enforcement groups and community organizations, including the American Civil Liberties Union (ACLU-NJ), County Prosecutors Association of New Jersey (CPANJ), Latino Action Network (LAN), Muslim American Law Enforcement Association (MALEA), National Action Network (NAN), New Jersey Institute for Social Justice (NJISJ), New Jersey Muslim Officers Society (NJMOS), New Jersey State Association of Chiefs of Police (NJSACOP), New Jersey Women in Law Enforcement (NJWLE), National Organization of Black Law Enforcement Executives (NOBLE), and State Troopers Fraternal Association (STFA).

The directives also picked up a thumbs-up from Gov. Phil Murphy, who called them a “tremendous step forward.”

“They will build public trust and better reflect the diversity of the communities they protect and serve, underscoring our administration’s commitment to transparency, racial equity, and justice in our policing practices,” Murphy said.

Colonel Patrick Callahan, superintendent of the New Jersey State Police, also supported the attorney general’s new policies.

“As our country continues to evolve, New Jersey remains at the forefront of transparent policing by implementing policies that help reinforce the trust between law enforcement and our residents,” Callahan said.

“New Jersey is a national leader on policing issues, and the three policies we are issuing today reaffirm our commitment to excellence,” Bruck said. “But what makes the Garden State special is that we develop policing policies collaboratively, by engaging law enforcement and community members alike, as we work to promote public trust and protect public safety.”

Bruck released the following details about each of the new directives.

AG Directive 2021-12: Regulating “No-Knock” Warrants - This directive provides common-sense regulations on both no-knock and knock-and-announce warrants that will promote officer and civilian safety.

• Allows for law enforcement officers to request authorization from the court for a no-knock provision only under the following circumscribed conditions—narrower than what is permitted by law—where (i) knocking and announcing will create a reasonable and particularized concern for officer safety or the safety of another person and (ii) a trained tactical team executes the no-knock warrant.
• Requires County Prosecutors, or their senior legal staff designee, to approve any warrant that includes a no-knock provision, as well as review of any no-knock warrant execution by the County Prosecutor’s Office.
• Asks County Prosecutors to track the number of no-knock warrants applied for and authorized by courts in their jurisdiction.
• Establishes a default time period for all warrant executions, in order to avoid the unnecessary execution of warrants in the middle of the night.

Instructs law enforcement to take reasonable steps to identify the occupants of the premises to be searched, including any children or individuals with known vulnerabilities, prior to warrant execution.

AG Directive 2021-11: First Amendment Right to Observe, Object to, and Record Police Activity - In order to continue building better relationships between communities and police, this directive outlines as clearly as possible a bystander’s right to observe, object to, and record police activity under the First Amendment, as well as its limitations.

• Outlines a bystander’s right to witness, observe, audio and video record, photograph, comment on, or complain about law enforcement officers conducting official duties in public, as long as the bystander has a legal right to be present where they are.
• Describes actions that officers may not undertake against non-interfering bystanders, such as telling the bystander that recording is not allowed, or demanding identification.
• States that bystanders may not cross a police line simply because they have a recording device, and reminds officers that N.J.S.A. 2C:29-1 continues to prohibit conduct whereby a person purposely obstructs a government function.
• Provides protocols in the narrow circumstances where recording devices may be seized.

AG Guidelines: Promoting Diversity in Law Enforcement Recruiting and Hiring - A 2020 law, N.J.S.A. 52:17B-4.10 (the “Act”), directed the attorney general to develop guidelines to ensure the act’s uniform application. The guidelines include the following:

• Describe the process by which each law enforcement agency in New Jersey, as defined under the Act, shall establish a program to (1) identify underrepresented groups by comparing the population the agency represents to the composition of its officer force, and (2) take action to address any underrepresentation.
• In accordance with the Act, set forth procedures for the collection and reporting of demographic data regarding recruiting, hiring, promoting, and other personnel actions concerning law enforcement officers in New Jersey. The initial reporting date is January 31, 2022.

According to Bruck:

"Although the guidelines on Law Enforcement Recruiting and Hiring are based on a statute and apply directly to law enforcement officers, the Attorney General’s Office and the County Prosecutors Association of New Jersey (CPANJ) are committed to working together and with colleges, law schools, affinity bar organizations, private law firms and other stakeholders to develop effective strategies to recruit and retain diverse prosecutors as well. CPANJ is working with the Attorney General’s Office specifically focused on tracking and collecting data, and developing and implementing best practices for the recruitment and retention of diverse prosecutors."

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