A.
Standards of conduct. Members and employees shall
conduct their private and professional lives in such a manner as to
avoid bringing the Department disrepute or interfering with the efficient
operation of the Department.
B.
Cooperation. Cooperation between the members of the
Department is essential to effective law enforcement. Therefore, all
members are strictly charged with establishing and maintaining a high
spirit of cooperation within the Department and appropriate authority.
C.
Assistance. All members are required to take appropriate
police action toward aiding a fellow peace officer exposed to danger
or in a situation where danger might be impending within the State
of New Jersey.
D.
General responsibilities. Members shall at all times
take appropriate action to:
(1)
Protect life and property.
(2)
Preserve the peace.
(3)
Prevent crime.
(4)
Detect and arrest violators of the law.
(5)
Enforce all federal, state and local laws and ordinances
coming within Department jurisdiction.
(6)
Safely and expeditiously regulate traffic.
(7)
Aid citizens in matters within police jurisdiction.
E.
Duty activities. Although certain hours are assigned
for the performance of regular duty tours, officers are considered
to be on duty at all times and must act promptly any time their services
are required by the Department. Officers shall not engage in off-duty
activities or work which may conflict or interfere with the satisfactory
performance of assigned police duties.
F.
Neglect of duty. Officers may be charged with neglect
of duty for any act or omission in violation of law, police orders,
procedures or rules and regulations. Neglected duty includes, but
is not limited to, leaving the jurisdiction of the Township of West
Amwell without authority for nonpolice activities.
G.
Performance of duty. All members and employees shall
perform their duties as required or directed by law, Department rule,
policy or order or by order of a superior officer. All lawful duties
required by competent authority shall be performed promptly as directed,
notwithstanding the general assignment of duties and responsibilities.
Competent authority shall include the appropriate authority.
H.
Questions regarding assignments. Members and employees
in doubt as to the nature or detail of their assignment shall seek
clarification from their superiors by going through the chain of command.
I.
Insubordination. Members and employees shall not commit
acts of insubordination. The following specific acts are prohibited
by this section:
J.
Conduct toward superior and subordinate officers and
associates. Members and employees shall treat superior officers, subordinates
and associates with respect. They shall be courteous and civil at
all times in their relationships with one another. When on duty and
particularly in the presence of other members, employees or the public,
officers should be referred to by rank.
K.
Obedience to laws and regulations. Members and employees
shall observe and obey all laws and ordinances, all rules and regulations
and orders of the Department or appropriate authority, as the case
may be.
L.
Orders.
(1)
Criticism of official acts or orders. Members and
employees shall not criticize actions, instructions or orders of any
Department members or appropriate authority in a manner which is defamatory,
obscene, unlawful or which tends to impair the efficient operation
of the Department.
(2)
Manner of issuing orders. Orders from superior to
subordinate shall be in clear, understandable language, civil in tone
and issued in pursuit of Department business.
(3)
Unlawful orders. No command or supervisory officer
shall knowingly issue any order which is in violation of any law or
ordinances or Department rule.
(4)
Obedience to unlawful orders. Obedience to an unlawful
order is never a defense of an unlawful action; therefore, no member
or employee is required to obey any order which is contrary to federal
or state law or local ordinance. Responsibility for refusal to obey
rests with the member. He shall be strictly required to justify his
action.
(5)
Obedience to unjust or improper orders. Members or
employees who are given orders which they feel to be unjust or contrary
to rules and regulations must first obey the order to the best of
their ability, and they may proceed to appeal as provided.
(6)
Conflicting orders. Upon receipt of an order conflicting
with any previous order or instruction, the member or employee affected
will advise the person issuing the second order of this fact. Responsibility
of countermanding the original instruction then rests with the individual
issuing the second order. If so directed, the latter command shall
be obeyed first. Orders will be countermanded, or conflicting orders
will be issued, only when reasonably necessary for the good of the
Department.
(7)
Reports and appeals: unlawful, unjust or improper
orders. A member or employee receiving an unlawful, unjust or improper
order shall, at first opportunity, report in writing to the Township
Committee. This report shall contain the facts of the incident and
the action taken. Appeals for relief from such orders may be made
at the same time.
[Amended 12-19-1990 by Ord. No. 17-90]
M.
Soliciting gifts, gratuities, fees, rewards and loans.
Members and employees shall not under any circumstances solicit any
gift, gratuity, loan, reward or fee where there is any connection
between the solicitation and their Department membership or employment.
N.
Acceptance of gifts, gratuities, fees and loans. Members
and employees shall not accept either directly or indirectly any gift,
gratuity, loan, fee or any other object of value arising from or offered
because of police employment or any activity connected with said employment.
Members and employees shall not accept any gift, gratuity, loan, fee
or other object of value, the acceptance of which might tend to influence
the actions of said member or employees or any other members or employees
in any matter of police business, or which might tend to cast an adverse
reflection on the Department or any member or employee thereof. No
member or employee of the Department shall receive any gift or gratuity
from other members or employees junior in rank without the express
permission of the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90[1]]
O.
Other transactions. Members and employees are prohibited
from buying or selling anything of value from or to any complainant,
suspect, witness, defendant, prisoner or other person involved in
any case which has come to their attention or which arose out of their
Department employment except as may be specifically authorized by
the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
P.
Rewards.
(1)
Members and employees shall not accept any gift, gratuity
or reward in money or other compensation for services rendered in
the line of duty to the community or any person, business or agency
except lawful salary and that which may be authorized by law.
(2)
Disposition of unauthorized gifts, gratuities. Any
unauthorized gift, gratuity, loan, fee, reward or other object coming
into the possession of any member or employee shall be forwarded to
the Township Committee, together with a written report explaining
the circumstances.
[Amended 12-19-1990 by Ord. No. 17-90]
Q.
Free admission and passes. Members and employees shall
not solicit or accept free admission to theaters and other places
of amusement for themselves and others except in the line of duty.
S.
Intercession prohibited. Members and employees shall
not solicit anyone to intercede with the Township Committee in relation
to promotion, assignments, disposition of pending charges or findings
in a departmental trial or other related matters.
[Amended 12-19-1990 by Ord. No. 17-90]
T.
Persons and places of bad reputation. Members and
employees shall not knowingly frequent places of bad reputation, nor
associate with persons of bad reputation, except as may be required
in the course of police duty.
U.
Withholding information. Members and employees shall
not, at any time, withhold any information concerning criminal activity.
V.
Reporting violations of laws, ordinances, rules or
orders. Members and employees knowing of other members and employees
violating laws, ordinances or rules of the Department or disobeying
orders shall report the same, in writing, to the Township Committee.
If the member or employee believes the information is of such gravity
that it must be brought to the immediate attention of the Township
Committee, the report may first be made orally.
[Amended 12-19-1990 by Ord. No. 17-90]
B.
Alcoholic beverages and drugs.
(1)
Members or employees of the Department shall not drink
any kind of intoxicating beverage while on duty except when required
in the performance of duty. A member, while assigned to duty in civilian
clothes, may use intoxicants if absolutely necessary in the performance
of duty, provided that such use does not render him unfit for proper
and efficient performance of duty. Under no circumstances shall medically
defined intoxication be considered justifiable.
(2)
Members or employees of the Department shall not take
any drugs that are not prescribed and necessary for their health at
any time.
(3)
Members shall not consume intoxicating beverages or
other intoxicants while in uniform.
(4)
Intoxicating beverages shall not, at any time, be
consumed in headquarters.
(5)
Members shall not report for duty under the influence
of intoxicants. This condition shall cause the member to be unfit
for duty. Superior officers shall not assign to duty any member in
an unfit condition due to the use of intoxicants and shall immediately
relieve of duty any member found on duty in such condition.
(6)
Members or employees shall not have intoxicants on
their person while on duty or in uniform or in any Police Department
building or vehicle, except for evidential or other authorized purpose.
(7)
Liquor or drugs brought into Department premises in
the furtherance of a police task shall be properly identified and
stored in accordance with Department policy.
(8)
Members in uniform shall not enter any premises where
intoxicants are sold or stored, except in the performance of duty.
(9)
No liquor license shall be held by any regular police
officer, any peace officer or any other person whose powers or duties
include the enforcement of the alcoholic beverage laws or regulations,
or by any profit corporation or association in which any person is
interested directly or indirectly.
(10)
No law or regulation promulgated by the Division of
Alcoholic Beverage Control, however, shall prohibit permanent, full-time
members of the Department from being employed, other than in the municipality,
or in the county, as the case may be, for which they serve as police
officers, by a business licensed to sell alcoholic beverages in this
state.
(12)
No police officer so employed shall be permitted to
work in excess of 24 hours a week in any such establishment. [Reference:
N.J.A.C. 13:2-23.3(a) and N.J.S.A. 33:1-26.1.]
C.
Absence from duty. Every member or employee who fails
to appear for duty at the date, time and place specified without the
consent of competent authority is absent without leave. Such absence
within the period of one day must be reported in writing to the commanding
officer. Absences without leave in excess of one day must be reported
in writing to the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
D.
Roll call. Unless otherwise directed, members shall
report to daily roll call at the time and place specified, properly
uniformed and equipped. They shall give careful attention to orders
and instructions.
E.
Physical fitness for duty.
(1)
Members shall maintain good physical condition so
that they can handle the strenuous physical contact often required
of a law enforcement officer.
(2)
Members shall undergo a yearly physical to be conducted
by the Township Committee's physician.
(3)
The Township Committee reserves the right to require
members of the Police Department to undergo physical examinations
by a doctor and/or psychological evaluations by a doctor or licensed
psychologist at any time.
[Amended 9-7-1989 by Ord. No. 10-89]
F.
Loitering. Members on duty or in uniform shall not
enter theaters or other public places except to perform a police task.
Loitering and unnecessary conversation in such locations are forbidden.
Members and employees, off duty or on duty and not on any official
police business, shall not loiter in Police Department areas. Township
Police Department areas are off limits to all persons not members
of the Police Department, governing body or employees of the Township,
except for those persons under arrest or present on official police
business. Any person not authorized shall be ordered to leave the
area immediately.
G.
Smoking while on duty. Members shall not smoke on
duty while in direct contact with the public nor when in uniform except
at meal times and when patrolling in police vehicles and at that time
they shall be as inconspicuous as possible.
H.
Relief. Members and employees are to remain at their
assignments and on duty until properly relieved by other members or
employees or until dismissed by competent authority.
I.
Meals. All meals are to be within the officer's post
or within assigned off-duty areas. Subject to modification by a superior
officer. Meals shall be eaten with reasonable dispatch when in public
view. Officers are authorized one one-hour meal per eight hours' tour,
in addition to two fifteen-minute coffee breaks. Time taken in excess
of authorized time shall constitute neglect of duty.
J.
Training. Members shall attend in-service training
in the theory and practice of law enforcement at the direction of
the Township Committee. Such attendance is considered a duty assignment.
Any special training involving expenditures of public funds shall
be subject to the approval of the appropriate authority.
[Amended 12-19-1990 by Ord. No. 17-90]
K.
Inspections. From time to time the Township Committee
may call for full dress inspections of the Department or any part
thereof. Members directed to attend such inspections shall report
in the uniform prescribed, carrying the equipment specified. Unauthorized
absence from such inspection is chargeable as absence without leave.
[Amended 12-19-1990 by Ord. No. 17-90]
L.
Military courtesy. When meeting in public, members
shall conform to normal courtesy standards and refer to each other
by rank. A salute will be rendered to all superior officers.
M.
National Colors and Anthem. Uniformed members will
render full military honors to the National Colors and Anthem at appropriate
times. A member of the Police Department shall raise and lower the
flag daily. Members and employees in civilian dress shall render proper
civilian honors to the National Colors and Anthem at appropriate times.
N.
Possession of keys. No member, unless authorized by
a superior officer, shall possess keys to any premises not his own,
on or near his post or zone.
O.
Address and telephone numbers. Immediately upon reporting
for duty, members and employees shall record their correct residence
addresses and telephone numbers with the Township Committee. Members
and employees are required to have telephones in the place where they
reside. Changes in address or telephone number shall be reported to
the Township Committee within 24 hours of the change. This shall be
done in writing on the appropriate form and within the specified time
whether the member or employee is working or on leave.
[Amended 12-19-1990 by Ord. No. 17-90]
A.
Regulation uniforms required. All members shall maintain
regulation uniforms. Uniforms shall be kept neat, clean and well-pressed
at all times.
B.
Manner of dress on duty. Normally, members will wear
the duty uniform on a tour of duty; however, superior officers may
prescribe other clothing as required by the nature of the duty which
a particular member is assigned. Employees will wear and maintain
an employee uniform when so directed by the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
C.
Wearing or carrying badge. A member, when in uniform,
shall wear the regulation badge on the outside of the outermost garment
over the left breast and always in sight. When not in uniform, he
shall carry his badge discreetly.
D.
Altering style of uniform. Uniforms shall be made
of the material and the style prescribed in police orders, and such
style shall not be altered or changed in any manner, whatsoever, unless
authorized by the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
E.
Carrying required equipment when in uniform.
(1)
While on duty, except when assigned to office duties,
members who are required to wear the specified uniform shall always
carry as full equipment the following:
(a)
Badge.
(b)
Police Department identification card.
(c)
Notebook.
(d)
Pen.
(e)
Firearm and ammunition (Department-issued or
approved).
(f)
Whistle (does not apply to office duties).
(g)
Handcuffs and keys.
(h)
Flashlight, as necessary.
(i)
PR 24 Baton or straight stick.
(j)
Portable radio in carrying case with belt loop.
(k)
Soft body armor.
(2)
A member shall also carry specially issued equipment
and forms necessary for performing his duties.
F.
G.
Carrying equipment off duty. When off duty, each member
will carry or have in his immediate possession his badge and identification
card and, at the discretion of the member, his Department firearm
or weapon authorized by the Department. This rule shall not apply
when members are engaged in sports and activities of such a nature
as to make it impractical.
H.
Civilian clothing; manner of dress. Male members and
employees permitted to wear civilian clothing during a tour of duty
shall wear either a business suit or sport coat and slacks. A dress-type
shirt with tie shall be worn. Superior officers may prescribe other
types of clothing when necessary to meet a particular police objective.
Female members and employees permitted to wear civilian clothing shall
wear clothing that conforms to standards normally required of office
personnel in private business firms, unless otherwise directed. All
articles of clothing shall be of a conservative nature.
I.
Equipment. All equipment must be clean, in working
order and conform to Department specifications.
J.
Personal appearance. Every member and employee of
the Department, while on duty, must at all times be neat and clean
in person, his clothes clean and pressed and his uniform in conformity
with the rules and regulations. He shall, as often as necessary, examine
and clean his equipment and keep it always in good serviceable condition.
(1)
Male members and employees shall conform to the following
additional standards of appearance:
(a)
Hair.
[1]
The style shall be of no more than medium length
and fullness.
[2]
Bushy hair protruding from the sides, back or
front of the head is prohibited.
[3]
Hair styles shall not be of such length as to
cover any portion of the ears.
[4]
A neat pattern, shaped at the rear of the neck,
shall be maintained. Growth near the collar line must be neatly trimmed
and shall not extend over the shirt or coat collar.
[5]
Unusual haircuts, such as hair cut in an Indian
style or in the shape of an arrow, etc., are strictly prohibited.
[6]
Sideburns shall not extend below the bottom
of the earlobe. The width shall not exceed 1 1/4 inches at the
broadest point.
(c)
Beards. Full beards or other growths of hair
below the lower lip, on the chin or lower jaw bone are prohibited.
(2)
Female members. In the interest of safety, female
members assigned to a duty where the regulation police uniform is
worn shall wear their hair short and neatly trimmed near the collar
line; growth shall not extend over the shirt or coat collar; or wear
their hair rolled in a bun style when on duty, so that it conforms
to the above.
(3)
Earrings are prohibited.
K.
Department property and equipment. Members and employees
are responsible for the proper care of Department property and equipment
assigned to them. Damaged or lost property may subject the responsible
individual to reimbursement charges and appropriate disciplinary action.
L.
Damaged or inoperative property or equipment. Members
and employees shall immediately report to the Township Committee on
designated forms any loss of or damage to Department property assigned
to or used by them. The immediate superior will be notified of any
defects or hazardous conditions existing in any Department equipment
or property.
[Amended 12-19-1990 by Ord. No. 17-90]
M.
Care of Department buildings. Members and employees
shall not mark or deface any surface in any Department building. No
material shall be affixed in any way to any wall in Department buildings
without specific authorization from a superior officer.
N.
Notices. Members and employees shall not mark, alter
or deface any posted notice of the Department. Notices or announcements
shall not be posted on bulletin boards without permission of a superior
officer.
O.
Department vehicles: use. Members shall not use any
Department vehicle without the permission of a superior officer. Department
vehicles shall never be used for personal business or pleasure.
P.
Operation of motor vehicles. Members and employees,
when driving vehicles of the Department, shall not violate the traffic
laws except in cases of absolute emergency and then only in conformity
with the law regarding the same. They shall set an example for other
persons in the operation of their vehicles.
Q.
Emergency calls and use of red light and siren. Members
driving any Department vehicle, when responding to an emergency call,
shall exercise judgment and care with due regard to the safety of
life and property. They shall slow down at all street intersections
to such degree that, when crossing the same, they will have safe control
of their cars; especially when crossing street intersections where
the traffic signal lights are against them or where there are stop
signs. They shall use the red light and sound the siren on such calls
and take the utmost precaution.
R.
Transporting citizens. Citizens will be transported
in Department vehicles only when necessary to accomplish a police
purpose. Such transportation will be done in conformance with Department
policy or at the direction of a superior officer.
S.
Reporting accidents. Accidents involving municipal
personnel, property and equipment must be reported in accordance with
Department procedures.
T.
Presumption of responsibility. In the event that municipal
property is found bearing evidence of damage, it shall be incumbent
upon the discoverer to report the same immediately. Failure to do
so will result in disciplinary action.
U.
Liability. Liability for negligence in the care, maintenance
and safekeeping of property and equipment. All departmental property
or equipment issued to or placed at the disposal of any member of
the Department shall be properly cared for, maintained and secured
by said member. In the event of any misuse or loss of said property
by any member that member will beheld liable to reimburse the Department
for damage or loss. This shall also include transportation vehicles
of any type.
B.
Forwarding communications to higher commands. Any
member or employee receiving a written communication for transmission
to a higher command shall, in every case, forward such communication.
A member receiving a communication from a subordinate directed to
a higher command shall endorse it indicating approval, disapproval
or acknowledgement.
C.
Private use of Department address. Members and employees
shall not use the Department as a mailing address for private purposes.
The Department address shall not be used for any private vehicle registration
or driver license.
D.
Telephones. Department telephone equipment may not
be used for the transmission of personal messages involving toll charges
without the express approval of the appropriate authority. All personal
calls will be recorded in a log maintained specifically for that purpose,
and the Township will be reimbursed for the cost of such calls.
E.
Radio discipline. All members of the Department operating
police radios shall strictly observe regulations for such operations
as set forth in Department orders and by the Federal Communications
Commission.
A.
Command of scene. At the scene of any crime, accident
or other police incident, the ranking officer present shall assume
command and direction of police personnel to assure the most orderly
and efficient accomplishment of the police task. When two or more
officers of the same rank are present and one of them is assigned
to the investigation detail that will follow up the investigation,
that ranking officer will be in charge. This provision coordinates
the efforts of the several subordinate members who may be assigned
to the incident; therefore it is incumbent upon the ranking officer
assuming such control to become acquainted with the facts and ensure
that appropriate action is being taken or is initiated.
B.
Responsibilities of members arriving at crime scene.
The first member to arrive at the scene of a crime or other police
incident is responsible for the following as they may apply to the
situation:
C.
Responsibilities of assigned members at crime scene. The members officially assigned to perform the preliminary or other investigation of an alleged crime or other incident are responsible for the duties in Subsection B and the completion of the preliminary or other investigation as directed. This shall include securing statements and other information which will aid in the successful completion of the investigation; locating, collecting and preserving physical evidence; and identifying, locating and apprehending the offender.
D.
Identification as police officer. Except when impractical
or where the identity is obvious, officers shall identify themselves
by displaying the official badge or identification card before taking
police action.
E.
Release of information at crime scene. Unauthorized
persons, including member of the press, shall be excluded from crime
scenes. Information which will not hinder or nullify an investigation
shall be given to the press by the superior officer in charge of the
investigation or in accordance with departmental policy set forth
below. In order not to jeopardize the prosecution of a criminal case
and to ensure that an accused will not have cause to challenge the
fairness of the court proceeding against him, every member of the
Department is hereby advised of the following guidelines to be used
in dealing with the press.
F.
Statements to media.
(1)
An officer shall not make nor participate in making
any statement to the media that relates to:
(a)
The character, reputation or prior criminal
record, including arrests, indictments or other charges of crime,
of the accused.
(b)
The possibility of a plea of guilty to the offense
charged or to a lesser offense.
(c)
The existence or contents of any confession,
admission or statement given by the accused or his refusal or failure
to make a statement.
(d)
The performance or results of any examinations
or tests or the refusal or failure of the accused to submit to examinations
or test.
(e)
The identity, testimony or credibility of a
prospective witness.
(f)
Any opinion as to the guilt or innocence of
the accused, the evidence or the merits of the case.
(2)
These rules do not preclude an officer from announcing:
(a)
The name, age, residence, occupation and family
status of the accused, except if a juvenile.
(b)
If the accused has not been apprehended, any
information necessary to aid in the apprehension or to warn the public
of any dangers the accused may present.
(c)
A request for assistance in obtaining evidence.
(d)
The identity of the victim of the crime unless
a sexual assault is involved or there is some other reason to protect
the privacy of a victim.
(e)
The fact, time and place of arrest, resistance,
pursuit and use of weapons.
(f)
The identity of investigating and arresting
officers or agencies and the length of the investigation.
(g)
At the time of seizure, a description of the
physical evidence seized, other than a confession, admission or statement.
(h)
The nature, substance or text of the charge.
(i)
Quotation from or references to public records
of the court in the case.
(j)
The scheduling or result of any step in the
judicial proceedings.
(k)
That the accused denies the charges made against
him.
G.
Confidential information.
(1)
Members and employees shall not reveal any confidential
business of the Department. They shall not impart confidential information
to anyone except those for whom it is intended or as directed by a
superior officer.
(2)
Members shall not make known to any person any Department
order which they receive unless so required by the nature of the order.
(3)
Contents of any record or report filed within the
Department shall not be exhibited or divulged to any person other
than a duly authorized police officer, except with the approval of
the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
H.
Compromising criminal cases.
(1)
Members and employees shall not interfere with the
proper administration of criminal justice.
(2)
Members and employees shall neither attempt to interrupt
the legal process, except where a manifest injustice might otherwise
occur, nor participate in or be concerned with any activity which
might interfere with the process of law.
(3)
Members and employees shall not attempt to have any
traffic summons or notice to appear reduced or stricken from the calendar.
In any instance of voiding a traffic summons, a full report explaining
reasons and circumstances shall be submitted to the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
(4)
Any member or employee having knowledge of such action
and failing to inform his superior officer thereof shall be subject
to disciplinary action.
A.
Arrests. In making arrests, members shall strictly
observe the laws of arrest and the following provisions:
(1)
The arresting officer shall employ only such reasonable
force and necessary restraints to assure the safety of other persons,
other police officers and himself.
(2)
Every member shall refrain from using unnecessary
force or violence in making arrests and must not strike a prisoner
or any other person except when necessary, in self defense, or to
overcome actual physical resistance in making an arrest. However,
he must be firm, resolute and energetic, exercising the necessary
means to perform his duty properly. When it is necessary to use force,
the circumstances shall be included in the arrest report on the case.
(3)
The arresting officer is responsible for the safety
and protection of the arrested person while in his custody. He shall
notify a superior officer of any injury, apparent illness or other
conditions which indicated that the arrested person may need special
care.
(4)
The arresting officer is responsible for the security
of the personal property in possession or under the control of the
arrested person at the time of the arrest. In the case of vehicles,
this responsibility transfers to the towing company when they accept
custody of the vehicle.
B.
Assisting criminals. Members and employees shall not
communicate any information which might assist persons guilty of criminal
or quasi-criminal acts to escape arrest or punishment or which may
enable them to dispose of or secrete evidence of unlawful activity
or money, merchandise or other property unlawfully obtained.
C.
Complaints by members for assault against themselves.
Members shall arrest perpetrators of assault, assault and battery
and criminal offenses directed against them. The perpetrators shall
be charged accordingly. Whenever it is impossible to consummate the
arrest at the time of the offense, the member shall make a complete
report of the incident to a superior officer with a request that he
be allowed to make a complaint in the proper manner according to procedure.
A warrant which may be issued as a result of filing such a complaint
shall in no case be served by the aggrieved member.
A.
Custody of prisoners. Members charged with the custody
of prisoners shall observe all laws and Department orders regarding
this activity. Prisoners shall be kept secure, treated firmly and
humanely and shall not be subjected to unnecessary restraint.
B.
Custody and detention of juveniles. The custody and
detention of juveniles shall be governed by the Code of Juvenile Justice,
N.J.S.A. 2A:4A-20 et seq., L. 1982, c. 77.
C.
Custody of juveniles.
(1)
Any duly appointed police officer may take a juvenile
into custody pursuant to an order or warrant of any court having jurisdiction;
or for delinquency, as defined in N.J.S.A. 2A:4A-23, where no process
has been issued by a court. In taking a juvenile into custody, the
police officer shall conform his conduct to the laws governing arrest
and to the rules of court. [Reference: N.J.S.A. 2A:4A-31(a).]
(2)
Where no delinquent conduct is alleged, a juvenile
may be taken into short-term custody by a police officer without order
of the court when:
(a)
The officer has reasonable grounds to believe
that the health and safety of the juvenile is seriously in danger
and taking into immediate custody is necessary for his protection;
(b)
The officer has reasonable grounds to believe
the juvenile has left the home and care of his parents or guardian
without the consent of such persons; or
(c)
An agency legally charged with the supervision
of a child has notified the law enforcement agency that the child
has run away from out-of-home placement; provided, however, that in
any case where the law enforcement officer believes that the juvenile
is an abused or neglected child, as defined in § 1 of P.L.
1974, c. 119, N.J.S.A. 9:6-8.21, the officer shall handle the case
pursuant to the procedure set forth in that act.
(3)
Under no circumstances shall any juvenile taken into
short-term custody be held for more than six hours. A juvenile taken
into short-term custody shall not be retained in a detention facility
or jail. The release of juveniles held in short-term custody is governed
by N.J.S.A. 2A:4A-32, Subdivisions b through d.
(4)
Any police officer taking a juvenile into custody
shall immediately notify the parents or the juvenile's guardian, if
any, that the juvenile has been taken into custody.
(5)
The taking of a juvenile into custody shall not be
construed as an arrest, but shall be deemed a measure to protect the
health, morals and well being of the juvenile.
D.
Juvenile complaints. Whenever a juvenile has been
taken into custody for an offense that shall be adjudicated, the police
officer taking the juvenile into custody or his duly constituted superior
shall proceed to file a complaint. The complaint shall be filed with
the Court Administrator and contain the information set forth in N.J.S.A.
2A:4A-30, Subdivision a(1) through (5).
E.
Juvenile released.
(1)
Where it will not adversely affect the health, safety
or welfare of a juvenile, the juvenile shall be released pending the
disposition of a case, if any, to a person or agency provided for
in the Code of Juvenile Justice upon assurance being received that
such a person or persons accept responsibility for the juvenile and
will bring him before the court as ordered.
(2)
A police officer may release a juvenile charged with
delinquency on his own recognizance if all of the following circumstances
have been met:
(a)
The nature of the offense charge is not such
that a danger to the community would exist if the juvenile were released;
(b)
There is no parent, guardian or other appropriate
adult custodian to whom the juvenile could be released and all reasonable
measures have been exhausted by either police or court;
(c)
The juvenile is at least 14 years of age;
(d)
The identity and address of the juvenile are
verified through a positive form of identification; and
(e)
Reasonable certainty exists on the part of the
releasing authority that, upon release, the juvenile will return to
school or home safely and will appear at his hearing.
F.
Juvenile detention. No juvenile shall be placed in
detention without the permission of a judge or the court intake service
and only in conformity with N.J.S.A. 2A:4A-34.
G.
Juvenile place of detention or shelter.
(1)
No juvenile shall be placed in detention or shelter
care in any place other than that specified by the State Department
of Corrections or Department of Human Services.
(2)
A juvenile being held for a charge under this act,
including a juvenile who has reached the age of 18 years after being
charged, shall not be placed in any prison, jail or lockup nor detained
in any police station, except that if no other facility is reasonably
available a juvenile may be held in a police station in a place other
than one designed for the detention of prisoners and apart from any
adult charged with or convicted of crime for a brief period if such
holding is necessary to allow release to his parent, guardian, other
suitable person or approved facility. No juvenile shall be placed
in a detention facility which has reached its maximum population capacity,
as designated by the Department of Corrections.
(3)
No juvenile charged with delinquency shall be transferred
to an adult county jail solely by reason of having reached age of
18.
H.
Rights of juveniles. All defenses available to an
adult charged with a crime, offense or violation shall be available
to a juvenile charged with committing an act of delinquency. All rights
guaranteed to criminal defendants by the Constitution of the United
States and the Constitution of this state, except the right to indictment,
the right to trial by jury and the right to bail, shall be applicable
to cases arising under this act.
I.
Transportation of prisoners. Members transporting
prisoners shall do so in accordance with Department policy.
(1)
Prisoners requiring medical attention shall be delivered
to the appropriate emergency hospital, and the transporting officers
shall be responsible for the security of prisoners until properly
relieved by a guard officer unless otherwise directed by a superior
officer.
(2)
Prisoners are the responsibility of the arresting
officer or custodial officers until secured in a cell or turned over
to a detective for investigation. The arresting officer shall be responsible
for the thorough searching of the prisoner and the securing of his
personal property with a superior officer.
(3)
Any prisoner transported to a hospital in a private
ambulance shall be accompanied and guarded by an officer unless police
exigencies dictate otherwise. In the latter case, a guard will be
arranged for the prisoner as soon as possible.
(4)
Whenever a female prisoner is transported, the transporting
officer, prior to starting the transport, shall transmit to communications
his destination, the odometer's starting mileage and the time. The
officer, upon completing the transport, shall again give the mileage
reading and time. All prisoners before being transported must be thoroughly
searched and properly secured.
J.
Use of derogatory terms. Members or employees shall:
(1)
Neither speak disparagingly of any race or minority
group nor refer to them in insolent or insulting terms of speech,
whether prisoners or otherwise.
(2)
Neither use uncomplimentary terms of speech when referring
to any prisoner or other person nor willfully antagonize any person
with whom the officer comes in contact.
K.
Reports and bookings. No member or employee shall
knowingly falsify any official report or enter or cause to be entered
any inaccurate, false or improper information on records of the Department.
L.
Recommending attorney and bail bond brokers prohibited.
Members and employees shall not suggest, recommend, advise or otherwise
counsel the retention of any attorney or bail bond broker to any person
coming to their attention as a result of police business. Any person
requesting this information shall be referred to the telephone directory.
M.
Acting as bailer prohibited. Members and employees
cannot act as bailers for any person in custody, except relatives,
or in any case where any fee, gratuity or reward is solicited or accepted.
N.
Assisting escape of prisoners, handling of and safekeeping.
Members shall not communicate any information nor shall they aid a
person to escape custody or arrest, nor shall they delay in taking
action to apprehend an offender.
O.
Maltreatment. No member shall willfully mistreat or
harm a prisoner in custody, or in the custody of the station house.
P.
Use of force. Members shall not use excessive force
on any person at any time, no matter what the provocation may be.
Any member guilty of the use of excessive force shall be subject to
disciplinary action. For the use of force, follow guidelines set forth
in this manual for the use of force.
Q.
Safekeeping of prisoners. Members shall be responsible
for maintaining the safekeeping of prisoners and preventing their
escape. The escape of the prisoner shall be considered prima facie
evidence of gross neglect of duty and shall result in disciplinary
action.
R.
Searching of prisoners. It is the responsibility of
the arresting officer to search all prisoners. A superior officer
will ensure that a proper search of the person or a prisoner has been
made before his placement in a lockup or before being transported
to another location.
S.
Male and female prisoners. A superior officer shall
cause all prisoners to be thoroughly searched before being lodged
in a cell. The following items shall be removed from a prisoner's
possession:
(1)
All drugs, liquors and weapons.
(2)
All property unlawfully carried or which is required
as evidence.
(3)
All other property which is lawfully carried but is
dangerous to life or which would facilitate escape.
(4)
All other property which can be used to damage or
deface Department property.
(5)
All other property such as money and valuables, except
clothing, if prisoner is intoxicated.
T.
Strip searches. If, in the opinion of the officer
in charge, a strip search of a prisoner is necessary, the following
guidelines shall be adhered to:
(1)
No strip search may be conducted upon a person who
has been detained or arrested for the commission of an offense other
than a crime, without a warrant or the consent of the person to be
searched unless there is probable cause to believe that a weapon,
controlled dangerous substance or evidence of a crime will be found.
(2)
No body cavity search may be conducted upon a person
who has been detained or arrested for the commission of an offense
other than a crime, without a warrant or the consent of the person
to be searched.
(3)
For the purpose of this section, "strip search" means
any search of an arrested or detained person which requires the removal
or rearrangement of some or all of his clothes so as to permit a visual
inspection of the genitals, buttocks, anus, female breasts or underwear
covering those areas of the person. "Body cavity search" means any
search of the anal or vaginal cavities.
(4)
Any strip search or body cavity search conducted pursuant
to this subsection shall be performed by persons of the same sex as
the arrested person and at a location where the search cannot be observed
by persons not physically conducting the search. The police officer
or other person authorized to conduct a strip search or body cavity
search shall obtain permission of the officer in charge to conduct
the search and shall report the reason for the search on the record
of arrest. This report shall not be deemed a public record but shall
be released only to the person searched upon the written request of
that person or upon court order. Where emergency conditions require
immediate action to prevent bodily harm to the officer or others,
the requirements of this subsection shall not apply. In all cases
where a strip search is conducted as an exception to the requirements
of this subsection, the officer conducting the search shall file a
separate written report setting forth the emergency conditions which
required the immediate action. This written report shall be filed
with and reviewed by the officer in charge who had the authority to
authorize a strip search.
(5)
Conduct.
(a)
Where it is determined that a strip search or body cavity search is necessary, it shall be performed under sanitary conditions. A body cavity search, pursuant to Subsection T(2) of this section, shall be conducted by a licensed physician or registered professional nurse.
(b)
Any person conducting a body cavity search pursuant
to this subsection shall, upon request, furnish to any law enforcement
agency a certificate stating that the body cavity search was pursuant
to the requirements of this subsection and performed in a medically
acceptable manner. The certificate shall be signed under oath before
a notary public or other person empowered to take oaths and shall
be admissible in any proceeding as evidence of the statements contained
therein.
(c)
No person may claim the physician and patient
privilege with respect to the conducting of a body cavity search pursuant
to this subsection.
(6)
Failure to comply with any provisions of this subsection
shall subject the police officer or other authorized person to administrative
disciplinary action. Nothing in this subsection shall be construed
as limiting such person's criminal liability pursuant to the laws
of this state.
(7)
Nothing in this subsection shall be construed as limiting
any statutory or common law rights of any person for purposes of any
civil action or injunctive relief.
(8)
Nothing in this subsection shall prohibit a strip
search or body cavity search of a person unable to post bail after
a reasonable opportunity to do so, who is lodged by court order or
pursuant to an arrest authorized by law in a lockup, detention facility,
prison, jail or penal institution. The administrative office of the
courts shall promulgate a bail schedule for all offenses, other than
crimes, and bail may be fixed and accepted by the law enforcement
officer in charge of headquarters.
(9)
A violation of the provisions of Subsection T(4)and
(5) of this section shall not affect the admissibility of evidence
seized pursuant to a strip search or body cavity search. (Reference:
N.J.S.A. 2A:161A-1.)
U.
Searching female prisoners. The search of a female prisoner by male officers is restricted to a search of the female prisoner's purse and those articles of outer clothing which can be removed from the prisoner and searched with propriety. A female Department officer or other responsible female, such as a matron, registered nurse, a female court attendant or a county or state prison matron, shall be summoned to make a thorough search of all female prisoners with all the privacy that circumstances permit. The items to be removed from her possession shall be the same as those enumerated in Subsection S. A strip search of a female prisoner shall be conducted in conformity with Subsection T.
V.
Search of unconscious or injured prisoner. When an
unconscious or seriously injured prisoner is removed to a hospital,
a police officer shall search the prisoner, if a male, in the presence
of witnesses. If the prisoner is a female, the search of the prisoner
shall be left to the hospital authorities. Any property in her possession
unlawfully carried or lawfully carried but dangerous to life or that
may be used to facilitate escape or required as evidence shall be
taken by the arresting officer and delivered to the officer in charge
for safekeeping. An itemized receipt shall be given to the hospital
authorities of all property received by the officer.
W.
Unconscious or injured prisoner. A police officer
shall not transport an unconscious or seriously injured prisoner to
police headquarters or other designated place for detention. An ambulance
or other conveyance shall be summoned and such prisoner shall be removed
to the nearest hospital for medical attention.
X.
Assisting a citizen in arrest. When a citizen charges
another with the commission of a crime and insists that the person
charged be taken into custody and the circumstances appear to warrant
an arrest, a police officer shall take the accused to police headquarters
and shall require the accuser to accompany him as the complainant.
Y.
The citizen's arrest. Prisoners arrested by citizens
shall be processed and detained in the usual manner.
Z.
Superior officer's responsibility. The superior officer
in charge shall not permit a person arrested by a citizen to be detained
until and unless he, the superior officer, has carefully considered
the factors in the case and is satisfied that a crime has been committed
and that the person arrested has committed it.
AA.
Citizen as arresting person. Citizens making arrests
shall be carried on all forms as the arresting person and shall be
instructed by a superior officer or police officer where he is to
make a sworn complaint, and when and where to appear for the arraignment
of the prisoner.
BB.
Services of detective division. Where arrests are
made by citizens, the officer in charge shall use discretion as to
whether such cases warrant the services of detectives. If so, a superior
officer of the command having responsibility shall be immediately
notified so that a citizen may be interviewed and an investigation
conducted, if necessary.
A.
Offenses bailable by Municipal Judge. A Municipal
Judge may admit to bail any person charged with any offense except
murder, kidnapping, manslaughter, aggravated manslaughter, aggravated
sexual assault, sexual assault, aggravated criminal sexual contact
or a person arrested in any extradition proceeding. (See Court Rules
3:26-2; 7:5-1.)
B.
Denial of bail by Municipal Judge. When a person charged
with an offense shall have been committed to jail after hearing by
reason of bail having been denied, only a judge of the Superior Court
may thereafter admit him to bail. (See Court Rule 3:26-2; 7:5.1.)
D.
Absence of the Municipal Judge. In the absence of
the Municipal Judge, a person arrested and charged with a criminal
offense which is not an indictable offense and which may be tried
by the Municipal Judge may be admitted to bail by the Court Administrator.
(See Court Rule 7:5-3.)
E.
Absence of both Judge and Administrator. In the absence
of the Judge and the Administrator, a person arrested and charged
with a criminal offense which is not an indictable offense and which
may be tried by the Municipal Judge may be admitted to bail in accordance
with Court Rule 7:4-2 and N.J.S.A. 2B:12-21.
[Amended 12-19-1990 by Ord. No. 17-90[1]]
F.
Absence of Municipal Judge defined. The Municipal
Judge shall be considered absent when his court is closed or when
he has left his court for the day.
G.
Absence of Administrator defined. The Court Administrator
shall be considered absent when the court is closed (Saturdays, Sundays
and holidays) or has closed for the day or after 4:00 p.m. on any
regular business day.
H.
Business hours of the court. The regular business
hours of the court shall be from 9:00 a.m. to 12:00 noon and from
1:00 p.m. to 4:00 p.m. Monday through Friday.
I.
Police shall not bail during business hours. Police
officers shall not admit to bail during the regular business hours
of the court, unless the court is closed and bail shall not be taken
during these hours except with the consent of the Municipal Judge.
J.
Police shall not bail for bookmaking or lottery offenses.
A police officer shall not admit to bail any person arrested and charged
with bookmaking or lottery offenses.
K.
Arresting officer shall not bail. The arresting officer
shall not fix bail, nor shall he take bail.
L.
Accepting bail in indictable offenses. After the Municipal
Judge has set bail for a person who has been arrested and charged
with an indictable offense, which is bailable, bail may be accepted
in the amount set by the Municipal Judge in accordance with Court
Rule 7:5-3.
[Amended 12-19-1990 by Ord. No. 17-90]
M.
Procedure for acceptance of bail. When bail is taken
the officer accepting the bail shall:
N.
Bail for witness. Every Municipal Judge shall, when
the interest of justice requires, bind with sufficient surety all
persons who can give testimony against one accused of a criminal offense
punishable by death or imprisonment in state prison, whether or not
the offender be arrested, imprisoned or bailed. (See Court Rule 3:26-3;
7:5-1.)
O.
The payment of bail. Only cash bail shall be accepted
by a police officer who is authorized to admit to and accept bail,
with the following exceptions: bail bond and check from a reputable
citizen.
P.
Release on own recognizance. When directed by any
Municipal Judge, no cash need be required and the person arrested
may be released on his own recognizance [see Court Rule 3:26(a)].
Police officers shall assist the Municipal Judge, if he should inquire,
by advising him of the defendant's background, residence, family status
and employment, if it is known or can easily be learned.
Q.
Amount of bail for traffic offenses. Police officers
admitting to bail persons arrested and charged with nonindictable
traffic and motor vehicle violations shall accept bail in amounts
equal to the maximum fine charged upon convictions for the specific
violation, plus costs, unless otherwise ordered by the court.
R.
Amount of bail for other nonindictable offenses. The
police officer admitting to bail persons arrested and charged with
other nonindictable offenses shall accept bail in conformance with
applicable departmental orders, otherwise ordered by the court. In
unusual circumstances the police officer may assist the Municipal
Judge in arriving at a proper bail and shall consider the amount that
will insure their presence in court when requested, having regard
for their background, residence employment and family status.
S.
Under influence of narcotics or intoxicants. Police
officers shall not admit to bail persons who are apparently under
the influence of narcotics or intoxicants unless they can be released
to the care of a responsible person.
T.
Police shall not bail on warrants that issue out of
Superior Courts. When arrests are made on warrants on a complaint
that originated in the Superior Courts, bail must be set by a Superior
Court Judge.
V.
Bail forwarded to court. A superior officer shall
forward the bail receipt book, containing the cash, bond, check, etc.,
to the court having jurisdiction over the offense.
W.
The Court Administrator shall sign receipt book. The
member detailed to transport the bail receipt book to court shall
have the bail book signed by the Court Administrator as acknowledgement
of the receipt of bail funds.
X.
Bail book returned to police headquarters. The receipted
bail book shall be returned to police headquarters.
Departmental regulations concerning the care
and use of firearms are designed to protect the lives of police officers
and the lives and property of the public.
A.
Handling of firearms. Police officers shall exercise
caution and the utmost care in handling firearms on and off duty.
B.
Official police firearm. The official police firearm
shall be the firearm issued to each police officer by the Department.
Carrying personal firearms on duty or during emergencies is prohibited,
unless otherwise dictated by the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
C.
Off-duty firearm. The Township Committee may authorize
a police officer to carry an off-duty weapon other than the official
police firearm, provided that the police officer follows the steps
prescribed below:
[Amended 2-19-1990 by Ord. No. 17-90]
(1)
He submits a written report through channels requesting
permission to carry an off-duty weapon.
(2)
He submits the off-duty weapon to the officer in charge
of firearms training for inspection to determine whether it meets
the same standards set for safety and serviceability that apply to
the official police firearm.
(3)
He carries the authorized off-duty weapon only after
he has secured the approval of the Township Committee and only during
the time this approval remains in effect.
(4)
When requested, the off-duty weapon will be submitted
for test fire and inspection upon the member's appearance for scheduled
in-service firearms training.
(5)
The officer observes and is bound by any part of or
any section of these rules and regulations which pertain to the official
police firearm, and he understands that these same rules and regulations
also apply to his use of any off-duty weapon which may be authorized
by the Township Committee.
D.
Carrying firearms, generally. Police officers shall
carry their official police firearms or authorized off-duty weapons
fully loaded and in a serviceable, operating condition so that they
may be prepared when called upon to carry out a police duty, service,
function or responsibility. When on duty, they shall also carry sufficient
extra ammunition to fully reload their official, Department-issued
firearm. Police officers who may be sick, injured or on vacation leave
may, but are not required to, carry a firearm. Police officers who
are suspended or whose weapons have been officially taken from them
for other reasons shall not carry a firearm under any circumstances.
E.
In-service and off-duty holsters. The official police
firearm or authorized off-duty firearm shall be carried in holsters
which conform to acceptable specifications.
F.
Nonregulation firearm prohibited. Police officers
who carry and employ firearms other than those that have been inspected
and approved by the Police Department shall be subject to disciplinary
action.
G.
Tampering with police firearm. All repairs and adjustments
to the official police firearm shall be made by the officer in charge
of firearms training. Police officers shall not use unauthorized grips.
Also, they shall not make any change in the trigger pull mechanism
or effect any other unauthorized alteration or addition. Special grips
may be used in special cases, but only after the police officer first
has obtained the approval of the officer in charge of firearms.
H.
Care of firearms off duty, outside home. A police
officer when off duty and outside his home shall keep his Department-issued
service firearm or authorized off-duty weapon holstered on his person
readily available for emergency use, unless he is on sick, injured
or vacation leave. To avoid an accidental discharge, a police officer
shall not carry his firearm in his waistband or in any of his pockets.
I.
Care of firearms off duty, at home. A police officer
shall keep his firearm in a secure place readily available in case
of emergency.
J.
Securing of weapons. At no time will a member secure
his Department-issued weapons or personally owned weapons in his locker
or other police facility.
K.
Removing firearm from belt. When removing a firearm
from his person, a police officer shall keep the firearm holstered
and jointly remove both the firearm and holster from his belt. A police
officer shall not remove the firearm from its holster except when
he intends to clean or fire it. However, when circumstances require,
a police officer may unload his firearm before storing it in a secure
place, provided that he observes all the safe practices prescribed
and taught by authorized Department firearms instructors for the safe
unloading of the weapon.
L.
Loss of the firearm. Loss of the official police firearm
through carelessness or neglect shall be deemed a serious violation
of Department regulations.
M.
Ammunition issue. The initial issue and the replacement
of ammunition for Department firearms shall be made by the Department
without expense to the police officer. The Department shall replace
rounds of ammunition that have become unserviceable and rounds that
have been expended in the line of police duty. Only Department-issued
ammunition shall be used.
N.
Discharge of firearm; report. It shall be the policy
of the West Amwell Police Department that any member of the force
who discharges any firearm or service weapon shall, by the quickest
means of communication available, notify a superior officer and/or
the Township Committee and promptly submit a written report to the
Township Committee whether in performance of duty or accidentally
and whether on or off duty, as well as during an authorized absence
from duty. This reporting requirement shall not apply to firearms
routinely discharged in the course of training.
[Amended 12-19-1990 by Ord. No. 17-90]
(2)
Report includes:
(a)
Time.
(b)
Day.
(c)
Date.
(d)
Location.
(e)
What occurred (incident leading to the discharge
of firearm).
(f)
Reason for discharge, giving all pertinent information.
(g)
If in performance of duty, justification for
the discharge.
(h)
If in another jurisdiction, name of police agency
in that jurisdiction.
(3)
Report by a superior officer designated by the Township
Committee:
(a)
Submits report to Township Committee as soon
as possible.
(b)
Report includes:
[1]
Officer(s) involved.
[2]
Tour of duty.
[3]
Time of occurrence.
[4]
Assignment.
[5]
Day.
[6]
Date.
[7]
Chronological sequence of events leading up
to the shooting.
[8]
Names and addresses of subjects and/or witnesses,
with a brief summary of their statements.
[10]
Results of check of surrounding area for expended
rounds, giving location where found, if applicable (injury or damage).
[11]
State if officer involved was familiar with Subsection O of this section, on the use of deadly force.
[12]
Conclusion. Use of service firearm was justifiable
or unjustifiable, with investigation officer's observations and conclusions.
(4)
Reports of witnesses.
(a)
Names of all persons having firsthand knowledge
should be gathered immediately.
(b)
Statements of disinterested witnesses are vital.
(c)
The report should be in writing.
(d)
The report should be in narrative form, but
augmented by a series of questions and answers to ensure the fullest
possible disclosure.
O.
Use of force, including deadly force, by law enforcement
officers.
(1)
Introduction. The primary objective of this subsection
is to express this Department's policy as a guide concerning the use
of force in law enforcement. In furtherance of this objective, this
subsection incorporates the essence of laws and basic training courses
concerning the use of force by officers in the performance of their
duties.
(a)
As defined in N.J.S.A. 2C:3-11, "deadly force"
means force which the officer uses with the purpose of causing or
which the officer knows to create a substantial risk of causing death
or serious bodily harm. Purposely firing a firearm in the direction
of another person or at the vehicle, building or structure in which
another person is believed to be, constitutes deadly force. A threat
to cause death or serious bodily harm by the production of a weapon
or otherwise, so long as the purpose is limited to creating an apprehension,
does not constitute deadly force.
(b)
"Nondeadly force" means physical force other
than deadly force.
(c)
As defined in N.J.S.A. 2C:3-11, "serious bodily
harm" means 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.
(d)
As defined in N.J.S.A. 2C:3-11, "dwelling" means
any building or structure, though movable or temporary, or a portion
thereof, which is for the time being an individual's home or place
of lodging.
(2)
It is the policy of this Department that its officers
employ force in the performance of their duties only to the degree
and in the manner provided by law and consistent with the provisions
of the New Jersey Code of Criminal Justice.
(a)
Warning shots by officers performing their duties
are not authorized by the Department.
(b)
Comment. Officers have special legal authority
to use force and deadly force in certain situations subject to limitations.
Notwithstanding this authorization, they are under a duty to comply
extraordinary care in the handling of firearms and other deadly weapons.
It is essential that each officer exercises sound judgment and act
reasonably under all circumstances where any force is applied. Given
the existence of the requisite conditions, an officer should resort
to deadly force only when immediately necessary and only after less
drastic alternatives have been exhausted or are believed to be ineffective
in light of the prevailing circumstances.
(3)
Mechanics. The specific rules and limitations that
follow govern the circumstances in which a police officer is justified
in using force (deadly or nondeadly). The unifying principles that
bind all of these rules and limitations are necessity and proportionality:
a police officer shall use force only when and to the extent necessary,
and he shall use only that force which is reasonable in relation to
the harm he seeks to prevent.
(a)
Use of nondeadly force.
[1]
Officers are justified in using nondeadly force
in the performance of their duties when they reasonably believe it
is immediately necessary to:
[a]
Protect themselves or others against the use
of unlawful force by another person.
[b]
Prevent another from committing suicide or inflicting
serious bodily harm upon oneself.
[c]
Thwart the commission of a crime involving or
threatening bodily harm, damage to or loss of property or a breach
of the peace.
[d]
Prevent an escape.
[e]
Effect an arrest for any offense or crime under
the laws of the State of New Jersey.
[2]
The use of force (deadly or nondeadly) to effect
an arrest, however, is not justifiable unless:
[a]
Officers make known the purpose of the arrest
or reasonably believe that their identity and purpose are otherwise
known by or cannot reasonably be made known to the person to be arrested.
[b]
When the arrest is made under a warrant, the
warrant is valid or reasonably believed by the officer to be valid.
[c]
When the arrest is without a warrant, that the
arrest is lawful.
(b)
Use of deadly force. Officers are justified
in using deadly force in the performance of their duties only in the
following situations and subject to the following limitations consistent
with the provisions of the New Jersey Code of Criminal Justice:
[1]
Self-defense. When officers reasonably believe
that deadly force is necessary to protect themselves against death
or serious bodily harm.
[a]
Comment. Officers, when justified in using force,
are not obliged to desist because resistance is encountered or threatened.
They may not only stand their ground, but may press forward to achieve
a lawful objective, overcoming force with force.
[2]
Defense of a third person. When officers reasonably
believe that their intervention is necessary to protect another against
death or serious bodily harm, except that deadly force is not justifiable:
[a]
If the officer can otherwise secure the complete
safety of the protected person, unless the person whom he is defending
is in his home, and the attacker is not a resident; or
[b]
Where it reasonably appears to officers that
the person they seek to protect has unlawfully, with the purpose of
causing death or serious bodily harm, provoked the use of deadly force
against himself in the same encounter.
(c)
Overlapping justifications. Justifications for
the use of any force in specific situations (e.g., self-dense, defense
of others, effecting an arrest, etc.) are not mutually exclusive.
There will be situations where the justifications overlap. The fact
that the use of deadly force may not be warranted under a particular
justification (e.g., to effect an arrest or to prevent an escape of
disorderly persons offender, etc.) does not mean that an officer who
is lawfully effecting the arrest of a disorderly persons offender
cannot use deadly force in self-defense. Similarly, an officer may
be warranted in acting under more than one justification, provided
that the requirements of both justifications are met. Thus, an officer
effecting an arrest for kidnapping may be justified in using deadly
force either to effect the arrest or in self-defense, or both.
P.
Firearm requalification. A police officer must be
legally skilled in the use and maintenance of the firearm he carries
for the protection of the community and himself. To ensure that all
officers are well trained and proficient in the use and maintenance
of firearms, it is the policy of this Department that each officer
satisfy the county firearms requalification process twice annually.
An officer must successfully requalify with both his in-service and
off-duty weapon and the records of the scores of all members of this
Department shall be systematically maintained. Those officers who
do not successfully requalify shall not be permitted to carry a firearm.
In addition, all members of the Police Department must satisfy minimum
state and county requirements for qualification and familiarization
with shot guns, rifles and any other weapons owned by the Township
and used and maintained by the Township Police Department. Copies
of such certifications shall be maintained by the Township Committee
in each officer's personnel file. All firearms with the exception
of the officer's issued and personal weapon and any weapon carried
in the police car while on duly shall be maintained in a secured cabinet
in the Police Department.
[Amended 12-19-1990 by Ord. No. 17-90]
A.
Conduct toward the public. Members and employees shall
be courteous and orderly in their dealings with the public. They shall
perform their duties quietly, avoiding harsh, violent, profane or
insolent language and shall always remain calm regardless of provocation.
Upon request, they are required to supply their names and badge numbers
in a courteous manner. They shall attend to requests from the public
quickly and accurately, avoiding unnecessary referral to other parts
of the Department.
B.
Impartial attitude. All members, even though charged
with vigorous and unrelenting enforcement of the law, must remain
completely impartial toward all persons coming to the attention of
the Department. Violations of the law are against the state and not
against individual officers. All citizens are guaranteed equal protection
under the law. Exhibiting partiality for or against a person because
of race, creed or influence is conduct unbecoming an officer. Similarly,
unwarranted interference in the private business of others when not
in the interest of justice is conduct unbecoming an officer.
C.
Disparaging nationality, race or creed. Courtesy and
civility toward the public is required of all members of the Department.
Members shall not use words which humiliate, disparage, demean, degrade,
ridicule or insult a person because of his race, creed, color, national
origin or ancestry.
D.
Public statements. Members of the Department shall
not make public statements concerning the work, plans, policies or
affairs of the Department, which may impair or disrupt the operation
of the Department or which are obscene, unlawful or defamatory.
E.
Subversive organization. No member or employee shall
knowingly become a member of or be connected with any subversive organization,
except when necessary in the performance of duty and then only under
the direction of the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
F.
Affiliation with certain organizations prohibited.
Police officers shall not join any organization nor affiliate themselves
with any organization whose constitutions embrace provisions which
might in any way exact prior consideration and prevent the proper
and efficient functioning of the Department. This prohibition does
not apply to the active military or Naval service of the United States
or of this state in time of war or an emergency or for or during any
period of training or pursuant to or in connection with the operation
of any system of selective service. (Source: N.J.S.A. 38:23-4.)
G.
Affiliation with radical groups. No police officer
or civilian employee, except in the discharge of police duties, shall
knowingly associate with or have any dealings with any person or organization
which advocates or which is instrumental in fostering hatred, prejudice
or oppression against any racial or religious group or political entity.
H.
Trade unions; organizations affiliated with trade
unions. No member of this Police Department shall affiliate himself
with any labor union or organization whose policy may be to cause
a violation of any state statute or Township ordinance which would
cause a deterioration of police services.
I.
Commercial testimonials. Members and employees shall
not permit their names or photographs to be used to endorse any product
or service which is in any way connected with law enforcement without
the permission of the Township Committee. They shall not, without
the permission of the Township Committee, allow their names or photographs
to be used in any commercial testimonial which alludes to their positions
or employment with the Department.
[Amended 12-19-1990 by Ord. No. 17-90]
J.
Public appearance request. All requests for public
speeches, demonstrations and the like, concerning police matters,
will be routed to the Township Committee for approval and processing.
Members and employees directly approached for this purpose shall suggest
that the party submit his request to the Township Committee.
[Amended 12-19-1990 by Ord. No. 17-90]
A.
Partisan political activities prohibited. Police officers
shall not actively engage in partisan political campaigns and activities
while on duty or in the performance thereof.
B.
Bipartisan political activities; limitation. Police
officers may engage in bipartisan political activities except when
such activities will impair or harm the operation or discipline of
the Department.
C.
Elections to public office. Police officers may run
for public office, but may not campaign nor engage in any activity
connected with candidacy for such office during any tour of police
duty.
D.
Soliciting prohibited. Members of the Department shall
not solicit contributions for political purposes, nor shall they interfere
with or use the influence of their office for political reasons.
A.
Court appearance. Attendance at a court or quasi-judicial
hearing as required by subpoena is an official duty assignment. Permission
to omit this duty must be obtained from the prosecuting attorney handling
the case or competent court officials. When appearing in court, either
the official uniform or a business suit or sport jacket and pants,
with shirt and tie, shall be worn. Members shall present a neat and
clean appearance, avoiding any mannerism which might imply disrespect
to the court.
B.
Testifying for the defendant. Any member or employee
subpoenaed to testify for the defense in any trial or hearing or against
the municipality or Department in any hearing or trial shall notify
the Township Committee upon receipt of the subpoena. The Township
Committee shall notify the Municipal Attorney.
[Amended 12-19-1990 by Ord. No. 17-90]
C.
Duty of member or employee to appear and testify.
It shall be the duty of every member or employee to appear and testify
upon matters directly related to the conduct of his office, position
or employment before any court, grand jury or the State Commission
of Investigation. Any member or employee failing or refusing to so
appear and to so testify shall be subject to removal from his office,
position or employment.
D.
Department investigations; testifying. Members or
employees are required to answer questions or render material and
relevant statements in a departmental investigation when such questions
and statements are directly related to job responsibilities.
E.
Truthfulness. Members and employees are required to
be truthful at all times whether under oath or not.
F.
Civil action, court appearances, subpoenas. A member
or employee shall not volunteer to testify in civil actions and shall
not testify unless legally subpoenaed. Members and employees will
accept all subpoenas legally served. If the subpoena arises out of
Department employment or if the member or employee is informed that
he is a party to a civil action arising out of Department employment,
he shall immediately notify the Township Committee and the Municipal
Attorney of the service or notification and of the testimony he is
prepared to give. Members and employees shall not enter into any financial
understanding for appearances as witnesses prior to any trial, except
in accordance with current directives.
[Amended 12-19-1990 by Ord. No. 17-90]
G.
Civil depositions and affidavits. Members and employees
shall confer with the Township Committee before giving a deposition
or affidavit on a civil case. If the Township Committee determines
that the case is of importance to the town, he shall notify the Municipal
Attorney before the deposition or affidavit is given.
[Amended 12-19-1990 by Ord. No. 17-90]
H.
Civil cases. Members shall not serve civil process
or assist in civil cases unless the specific consent of the Township
Committee is obtained. They shall avoid entering into civil duties
but shall prevent or abate a breach of the peace or crime in such
cases.
[Amended 12-19-1990 by Ord. No. 17-90]
