Search Rutgers Law Library N.J. Court Opinions

1 FRATERNAL ORDER OF POLICE, NEWARK LODGE NO. 12 v. CITY OF NEWARK -- rank: 1000

... division, in violation of the Law Enforcement Officers Protection Act, N.J.S.A. 40A:14-181 (Count Two). It alleged that the Ordinance deprived officers of ... concluded (sua sponte) that the Ordinance violates due process rights; N.J.S.A. 40A:14-181 and the AG Guidelines do not preempt the Ordinance; and ... contentions made by the City. The ACLU emphasizes that neither N.J.S.A. 40A:14-181 nor the AG Guidelines preempt municipal regulation in the field ... to the CCRB; disregards police officers' due process rights; violates N.J.S.A. 40A:14-181 and the AG Guidelines; and improperly empowers the CCRB with ... State law by enacting an Ordinance that purportedly conflicts with N.J.S.A. 40A:14-181 and the AG Guidelines. Therefore, FOP argues that the doctrine of preemption requires that we invalidate the Ordinance. N.J.S.A. 40A:14-181 and the AG Guidelines do not expressly address the ...

docket:	a3298-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-18
status:	Published
citation:	459 N.J.Super. 458 212 A.3d 454
Document Size:	127465

2 /usr/local/share/www/libweb/collections/courts/supreme/a-15-19.opn.html -- rank: 985

... of a chief of police with statutorily designated responsibilities; and N.J.S.A. 40A:14-181, which directs locally created law enforcement agencies to adopt procedures ... 2 offers further authority for the Council’s action; and N.J.S.A. 40A:14-181 does not empower the Attorney General to override the authority ... 40:48-25; N.J.S.A. 40:69A-36; N.J.S.A. 40A:14-181; N.J.S.A. 40A:14-118; N.J.S ... that preemption principles invalidate the Ordinance on its face, because N.J.S.A. 40A:14-181 and the AG Guidelines apply to law enforcement agencies and ... the preemption factors, the court (1) did “not read N.J.S.A. 40A:14-181 or the AG Guidelines as providing the exclusive means for ... 2) whether the Ordinance is governed by and consistent with N.J.S.A. 40A:14-181; (3) whether the Ordinance is governed by and consistent ...

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3 /usr/local/share/www/libweb/collections/courts/appellate/a3950-19.opn.html -- rank: 749

... every law enforcement agency in New Jersey by virtue of N.J.S.A. 40A:14-181, and imposing additional requirements on the law enforcement agencies housed ... Act of 1948, the Criminal Justice Act of 1970, and N.J.S.A. 40A:14-181 in issuing Directives 2020-5 and 2020-6, and they ... to adopt and implement guidelines consistent with the IAPP in N.J.S.A. 40A:14-181. As our Supreme Court recently noted, '[s]ection 181 effectively ... adopt[ing] and implement[ing] guidelines' consistent with it. See N.J.S.A. 40A:14-181; O'Shea, 410 N.J. Super. at 383. In issuing ... Act of 1948, the Criminal Justice Act of 1970, and N.J.S.A. 40A:14- 181, which we hold does not violate Executive Order 11, OPRA ... is issued pursuant to the Attorney General's authority under N.J.S.A. 40A:14-181, and is subject to amendment outside the collective negotiations ...

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4 In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6 -- rank: 726

... in the State to adopt guidelines consistent with the IAPP. N.J.S.A. 40A:14-181. Since 1991, each iteration of the IAPP has provided that ... a separate statute that underscores the force of the IAPP. N.J.S.A. 40A:14-181 embraces the Attorney General’s policy on internal affairs matters ... the Attorney General issued the IAPP pursuant to statutory authority, N.J.S.A. 40A:14-181, “outside the collective negotiations process.” Ibid. The Appellate ... shall be consistent with the guidelines governing the [IAPP].” N.J.S.A. 40A:14-181. The guidelines must be consistent with tenure and civil services ... a separate statute that underscores the force of the IAPP. N.J.S.A. 40A:14-181 embraces the Attorney General’s policy on internal affairs matters ... 41, 341 n.6. In that regard, we note that N.J.S.A. 40A:14-181 expressly provides that IAPPs “shall not supersede any ...

docket:	a-26-20
court:	NJ Supreme Court
decided:	2021-06-07
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Document Size:	111736

5 /usr/local/share/www/libweb/collections/courts/appellate/a3772-19.opn.html -- rank: 661

... are overseen statewide by the Attorney General. 2 In fact, N.J.S.A. 40A:14-181 mandates such adherence and expressly treats campus police departments as ...

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6 JOHN PAFF v. BERGEN COUNTY -- rank: 647

... the authority granted to the Attorney General set forth in N.J.S.A. 40A:14-181, 2 which states: Every law enforcement agency . . . shall adopt and ... were promulgated in 1992, 2000, 2011, and 2014. Ibid. Referencing N.J.S.A. 40A:14-181, the Guidelines discuss the importance of the internal affairs function ... issued a general order incorporating the Guidelines as mandated by N.J.S.A. 40A:14-181, and adopted specific policies "consistent with" the Guidelines to govern ... consideration. The motion was granted. 2 The quoted portion reflects N.J.S.A. 40A:14-181 as was in effect when this matter arose. The phrase ...

docket:	a1839-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-13
status:	unpublished
citation:
Document Size:	52932

7 MICHAEL CANTONE v. BOROUGH OF HARRINGTON PARK -- rank: 616

... IA) unit responsible for investigating allegations of police misconduct. See N.J.S.A. 40A:14-181. Sergeant James Hayden was the Department's designated IA investigator ... DUTY EXAMINATION WAS PROPER AND LAWFUL AND NOT VIOLATIVE OF N . J . S . A . 40A:14-181 AND IS CLEARLY DISTINGUISHABLE FROM O'ROURKE V. LAMBERTVILLE , 405 ...

docket:	a3248-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-29
status:	unpublished
citation:
Document Size:	73454

8 Richard Rivera v. Union County Prosecutor's Office -- rank: 597

... sparingly,” for good cause. In 1996, the Legislature enacted N.J.S.A. 40A:14-181, which directs all law enforcement agencies to “adopt and ... force of the IAPP.” Id. at 488. The statute, N.J.S.A. 40A:14-181, directs all law enforcement agencies to “adopt and implement ...

docket:	a-58-20
court:	NJ Supreme Court
decided:	2022-03-14
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Document Size:	60420

9 /usr/local/share/www/libweb/collections/courts/appellate/a2573-19.opn.html -- rank: 588

... pursuant to the authority granted to the Attorney General by N.J.S.A. 40A:14-181, which states: 'Every law enforcement agency . . . shall adopt and implement ... N.J. Super. 388, 395 (App. Div. 2008) (stating that N.J.S.A. 40A:14-181 'requires every law enforcement agency to adopt and implement guidelines ... integrity and confidentiality of all IA investigations. In accordance with N.J.S.A. 40A:14-181, the UCPO adopted and implemented policies consistent with the IAPP ... the common law right of access. In addition, pursuant to N.J.S.A. 40A:14-181, the UCPO adopted and implemented guidelines consistent with the IAPP ...

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10 MICHAEL O'ROURKE v. CITY OF LAMBERTVILLE -- rank: 585

... s internal affairs procedures, the Attorney General's Guidelines, and N.J.S.A. 40A:14-181. Plaintiff also alleged that his right to due process was ... department. The rules at issue here were adopted pursuant to N.J.S.A. 40A:14-181. The statute "requires [e]very law enforcement" agency in this ... municipality's failure to adhere to rules adopted pursuant to N.J.S.A. 40A:14-181 to implement the Attorney General's Guidelines. Our decision turns ... that when a law enforcement agency adopts rules pursuant to N.J.S.A. 40A:14-181 to implement the Attorney General's Guidelines, the agency has ...

docket:	a0481-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-31
status:	published
citation:	405 N.J.Super. 8 963 A.2d 339
Document Size:	66604

11 CALVIN M. ANDERSON v. CITY OF EAST ORANGE -- rank: 566

... was really an illegal arrest quota system in violation of N.J.S.A. 40A:14-181.2; plaintiff had complained about it and had refused to ... an officer's performance, which, they argued, was permissible under N.J.S.A. 40A:14-181.2. Cook asserted plaintiff had 'misinterpreted' his push for high ... that the 'alleged unlawful conduct' had a 'substantial nexus to [N.J.S.A. 40A]:14-181.2.' As to the third prong, the motion judge determined ... that the 'alleged unlawful conduct' had a 'substantial nexus to [N.J.S.A. 40A]:14- 181.2.' We see no basis to reverse that aspect of ...

docket:	a4206-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-15
status:	Unpublished
citation:
Document Size:	29730

12 /usr/local/share/www/libweb/collections/courts/appellate/a1350-20.opn.html -- rank: 560

... write more tickets and make more arrests, in violation of N.J.S.A. 40A:14-181.2(b) and N.J.S.A. 5 The Document ... J.S.A. 2C:30-2, and a violation of N.J.S.A. 40A:14-181.2(b), which prohibits 'us[ing] the number of . . . citations ... employment opportunities and unfairly disciplined. His allegation that defendants violated N.J.S.A. 40A:14-181.2(b) by disciplining him for not writing enough tickets ...

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13 John Paff v. Ocean County Prosecutors Office -- rank: 554

... would subject an officer to discipline, perhaps even removal. See N.J.S.A. 40A:14-181 (referencing Police Bureau of the Div. of Criminal Justice, Internal ...

docket:	a_17_16
court:	NJ Supreme Court
decided:	2018-08-13
status:
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Document Size:	103400

14 FRATERNAL ORDER OF POLICE, LODGE NO. 164 -- rank: 546

... Rule it contended was applicable under 'the statutory mandates of N.J.S.A. 40A:14-181, N.J.S.A. 40A:14-147 and the . . . Guidelines ... s disciplinary complaint. In 1997, the New Jersey Legislature enacted N.J.S.A. 40A:14-181, requiring the incorporation of the Guidelines, first published in 1991, into law enforcement agencies' own internal affairs guidelines. N.J.S.A. 40A:14-181. In 2015, that statute was amended to include police agencies ...

docket:	a3199-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	14450

15 JOHN G. McELWEE v. BOROUGH OF FIELDSBORO -- rank: 540

... the Attorney General. In support of this contention, plaintiff cites N.J.S.A. 40A:14-181, which states that: [e]very law enforcement agency shall adopt ... General's "Internal Affairs Policy and Procedures," as required by N.J.S.A. 40A:14-181. Plaintiff correctly points out that the statute requires every law ... would be inconsistent with the Legislature's intention to read N.J.S.A. 40A:14-181 as barring a law enforcement agency from removing an officer ...

docket:	A1230-06
court:	NJ Superior Court Appellate Division
decided:	2008-05-29
status:	published
citation:	400 N.J.Super. 388 947 A.2d 681
Document Size:	45307