Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 1000

... have limited authority to use force to effect an arrest. N.J.S.A. 2C:3-7. The Legislature likely focused on the risk of retaliation faced ...

docket:	a3704-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	433 N.J.Super. 560 81 A.3d 728
Document Size:	171384

2 STATE OF NEW JERSEY v. MICHAEL A. MARTIN -- rank: 865

... illegal as it was contrary to the minimum required by N.J.S.A. 2C:3-7(a)(6). A-1023-19 60 While the State did ...

docket:	a1023-19
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Unpublished
citation:
Document Size:	104044

3 STATE OF NEW JERSEY v. LEONARDO BUCCHERI -- rank: 837

... CHARGED ON THE AFFIRMATIVE DEFENSE OF PREVENTION OF SUICIDE UNDER N.J.S.A. 2C:3-7(e). (NOT RAISED BELOW) IV. DESPITE DEFENDANT'S REPEATED STATEMENTS ... the jury on the affirmative defense of prevention of suicide, N.J.S.A. 2C:3-7(e). This argument is without merit. R. 2:11-3 ... based in, much less clearly indicated by, the trial evidence. N.J.S.A. 2C:3-7(e) provides that "[t]he use of force upon or ... force presents no substantial risk of injury to innocent persons. [ N.J.S.A. 2C:3-7(e)(2).] In the only case addressing this provision, we ... that appearance is largely illusory." Cannel, Criminal Code Annotated , Comment N.J.S.A. 2C:3-7 at 192 (2000-2001). "The subsection merely incorporates other relevant ... even use force to prevent the suicide, and therefore the N.J.S.A. 2C:3-7(e) defense is simply not applicable. IV Defendant also ...

docket:	a1086-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-08
status:	unpublished
citation:
Document Size:	80920

4 STATE OF NEW JERSEY v. EARL C. WHALEY -- rank: 773

... for the privilege of using force in the arrest under N.J.S.A. 2C:3-7(b) and second, that defendant knew Eidmann was arresting him ... requirement to convey declaration of the grounds for arrest." Under N.J.S.A. 2C:3-7(a), "the use of force upon or toward the person ... it is otherwise known by...the person to be arrested[.]" N.J.S.A. 2C:3-7(b)(1)(a). Thus, the two requirements of this statute ... argues Eidmann's use of force was not justifiable under N.J.S.A. 2C:3-7(a) as the initial excessive use of force was the ...

docket:	a2189-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	52416

5 STATE OF NEW JERSEY v. JOHN HOGAN et al. -- rank: 691

... respect to the use of force in law enforcement under N.J.S.A. 2C:3-7. That statute provides that the use of force is justifiable ... force presents no substantial risk of injury to innocent persons.         [ N.J.S.A. 2C:3-7(e).]          We agree with the State's argument that the ... that appearance is largely illusory." Cannel, Criminal Code Annotated , Comment N.J.S.A. 2C:3-7 at 192 (2000-2001). "The subsection merely incorporates other relevant ...

docket:	A1198-00
court:	NJ Superior Court Appellate Division
decided:	2001-01-05
status:	published
citation:	336 N.J. Super. 319
Document Size:	52599

6 NEW JERSEY TRANSIT PBA LOCAL 304 VS NEW JERSEY TRANSIT CORP. -- rank: 683

... 15.1d. They are also authorized to use deadly force. N.J.S.A. 2C:3-7.     In October 1986 the Attorney General of New Jersey (Attorney ...

docket:	a5927-94
court:	njappellate
decided:	1996-05-21
status:	published
citation:	290 N.J.Super. 406
Document Size:	78174

7 FIELDER V. STONACK -- rank: 649

... and substantially constrained by the criminal law, see , e.g. , N.J.S.A. 2C:3-7, 3-9, and 30-2, but not inhibited by the ...

docket:	a-115-94
court:	njsupreme
decided:	1995-07-06
status:
citation:	141 N.J. 101
Document Size:	85979

8 STATE OF NEW JERSEY v. HUGO FIERRO -- rank: 647

... chief to include a use-of-force instruction pursuant to N.J.S.A. 2C:3-7(a) as part of the court's final charge to ... counsel's request for a jury instruction in accordance with N.J.S.A. 2C:3-7(a) that defendant could use reasonable force to perform his ... the instruction that the judge gave was erroneous or inadequate. N.J.S.A. 2C:3-7(a) provides that a police officer's use of force ...

docket:	a4641-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-06
status:	published
citation:	438 N.J.Super. 517 105 A.3d 1155
Document Size:	39256

9 STATE OF NEW JERSEY v. DARNELL REED -- rank: 621

... such force is immediately necessary to effect a lawful arrest." N.J.S.A. 2C:3-7(a). "If the citizen resists the arrest, the officer is ...

docket:	a1529-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-30
status:	unpublished
citation:
Document Size:	40672

10 STATE OF NEW JERSEY v. REYMOND S. VILLANUEVA -- rank: 602

... are persons assisting the officer, only as set forth in N.J.S.A. 2C:3-7. Footnote: 3      Similar principles apply to tort law. See , e ...

docket:	A0360-03
court:	NJ Superior Court Appellate Division
decided:	2004-12-22
status:	published
citation:	373 N.J. Super. 588 862 A.2d 119
Document Size:	43055

11 ROBERT ALSTON v. CITY OF CAMDEN, CAMDEN POLICE DEPARTMENT, et al. -- rank: 470

... force by law enforcement officers to carefully defined circumstances. See N.J.S.A. 2C:3-7. Violation of those limits presumably would result in criminal prosecution ...

docket:	a6045-98
court:	njappellate
decided:	2000-06-27
status:	published
citation:	332 N.J.Super. 240
Document Size:	20432

12 STATE OF NEW JERSEY VS CLAUDE CRUTCHER -- rank: 456

... home or place of lodging except that, as used in [ N.J.S.A. ] 2C:3-7, the building or structure need not be the actor's ...

docket:	a4715-96
court:	njappellate
decided:	1998-06-16
status:	published
citation:	313 N.J.Super. 203
Document Size:	24316

13 STATE OF NEW JERSEY v. LAQUANN T. ANDERSON -- rank: 414

... S. Ct. 1268 , 20 L. Ed.2d 889 (1968). See N.J.S.A. 2C:3-7 (detailing the permissible use of force in law enforcement). We ...

docket:	a2645-08
court:	NJ Superior Court Appellate Division
decided:	2009-07-24
status:	unpublished
citation:
Document Size:	78960

14 IMO ANASTASIA M. VEY, POLICE OFFICER OF NORTH WILDWOOD CITY -- rank: 372

... and the public. Police officers are authorized to carry firearms, N.J.S.A. 2C:3-7. They can engage in high-speed chases with absolute immunity ...

docket:	a-41-93
court:	njsupreme
decided:	1994-03-31
status:
citation:	135 N.J. 306
Document Size:	37678