Prohibits issuance and execution of "no-knock" warrant to be executed at residences.

A1706

ASSEMBLY, No. 1706

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Prohibits issuance and execution of
"no-knock" warrant to be executed at residences.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning
warrants to be executed at a
residence and amending and supplementing Title 2C of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section) a.� Prior
to executing an arrest warrant at a residence or a warrant authorizing a search
and seizure at a residence, a law enforcement officer shall:

���� (1)� knock on the door of the
residence;

���� (2)� clearly and verbally
announce the officer�s identity and the reason for the officer�s presence; and

���� (3)�� absent exigent circumstances,
wait a reasonable amount of time, but not less than 30 seconds,
for occupants to answer the door,
whichever is greater, before entering the premises.

���� b.� Any arrest warrant to be
executed at a residence or warrant authorizing a search and seizure of a
residence shall contain the requirements set forth in subsection a. of this
section.

���� 2.��� Section 5 of P.L.1981,
c. 290 (C.2C:3-7) is amended to read as follows:

���� 5.��� 2C:3-7.� Use of force in
law enforcement

���� a.���� Use of force
justifiable to effect an arrest.��� Subject to the provisions of this section
and of section 2C:3-9, the use of force upon or toward the person of another is
justifiable when the actor is making or assisting in making an arrest and the
actor reasonably believes that such force is immediately necessary to effect a
lawful arrest.

���� b.��� Limitations on the use
of force.

���� (1)�� The use of force is not
justifiable under this section unless:

���� (a)�� The actor makes known
the purpose of the arrest or reasonably believes� that it is otherwise known by
or cannot reasonably be made known to the person� to be arrested;� and

���� (b)�� When the arrest is made
under a warrant
[
,
]

:

����
i
.���� the warrant is
valid or reasonably believed by the actor to be valid
; and

����
ii.��� if the warrant
relates to an arrest at a residence or search and seizure of a residence, the
actor executes the warrant in accordance with the provisions of section 1 of
P.L.���� , c.���� (C.���� ) (pending before the Legislature as this bill)
.

���� (2)�� The use of deadly force
is not justifiable under this section unless:

���� (a)�� The actor effecting the
arrest is authorized to act as a peace officer or has been summoned by and is
assisting a person whom he reasonably believes� to be authorized to act as a
peace officer;� and

���� (b)�� The actor reasonably
believes that the force employed creates no substantial risk of injury to
innocent persons; and

���� (c)�� The actor reasonably
believes that the crime for which the arrest is made was homicide, kidnapping,
an offense under 2C:14-2 or 2C:14-3, arson, robbery, burglary of a dwelling, or
an attempt to commit one of these crimes; and

���� (d)�� The actor reasonably
believes:

���� (i)��� There is an imminent
threat of deadly force to himself or a third party; or

���� (ii)�� The use of deadly force
is necessary to thwart the commission of a crime as set forth in subparagraph
(c) of this paragraph; or

���� (iii)� The use of deadly force
is necessary to prevent an escape.

���� c.���� Use of force to prevent
escape from custody.� The use of force to prevent the escape of an arrested
person from custody is justifiable when the force could, under subsections a.
and b. of this section, have been employed to effect the arrest under which the
person is in custody. A correction officer or other person authorized to act as
a peace officer is, however, justified in using any force including deadly
force, which he reasonably believes to be� immediately necessary to prevent the
escape of a person committed to a jail,� prison, or other institution for the
detention of persons charged with or convicted of an offense so long as the
actor believes that the force employed� creates no substantial risk of injury
to innocent persons.

���� d.��� Use of force by private
person assisting an unlawful arrest.

���� (1)�� A private person who is
summoned by a peace officer to assist in effecting an unlawful arrest is
justified in using any force which he would be justified in using if the arrest
were lawful, provided that he does not believe the arrest is unlawful.

���� (2)�� A private person who
assists another private person in effecting an unlawful arrest, or who, not
being summoned, assists a peace officer in effecting an unlawful arrest, is
justified in using any force which he would be� justified in using if the
arrest were lawful, provided that (a) he reasonably believes the arrest is
lawful, and (b) the arrest would be lawful if the facts� were as he believes
them to be and such belief is reasonable.

���� e.���� Use of force to prevent
suicide or the commission of a crime. The use of force upon or toward the
person of another is justifiable when the actor reasonably believes that such
force is immediately necessary to prevent such� other person from committing suicide,
inflicting serious bodily harm upon� himself, committing or consummating the
commission of a crime involving or threatening bodily harm, damage to or loss
of property or a breach of the peace, except that:

���� (1)�� Any limitations imposed
by the other provisions of this chapter on the justifiable use of force in
self-protection, for the protection of others, the protection of property, the
effectuation of an arrest or the prevention of an escape from custody shall apply
notwithstanding the criminality of the conduct against which such force is
used;� and

���� (2)�� The use of deadly force
is not in any event justifiable under this subsection unless the actor
reasonably believes that it is likely that the person whom he seeks to prevent
from committing a crime will endanger human life or inflict serious bodily harm
upon another unless the commission or the consummation of the crime is
prevented and that the use of such force presents no substantial risk of injury
to innocent persons.

(cf: P.L.1981, c.290, s.5)

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill prohibits the
issuance and execution of a �no-knock� warrant that is to be executed at a
residence.

���� A warrant typically requires
officers to knock on the door and announce their authority and purpose before
entering the premises.� Under current law, a court may issue a �no-knock�
warrant under certain circumstances
if
there is a reasonable, particularized suspicion that a no-knock entry is required
to prevent the destruction of evidence, protect the officer�s safety, or effectuate
the arrest or seizure of evidence.

���� In March 2020, Breonna Taylor, a 26-year-old emergency
medical technician, was shot and killed by the Louisville Metro Police
Department officers who were
executing a no-knock warrant.�

���� Under
the bill, pr
ior to executing an arrest warrant at a residence or warrant
authorizing a search and seizure at a residence, a law enforcement officer is
required to knock on the door of the residence; clearly and verbally announce
the officer�s identity and reason for being there; and, absent exigent circumstances,
wait a reasonable amount of time but not less than 30 seconds
for occupants to answer the door,
whichever is greater, before entering the premises.

���� The bill further requires any
arrest warrant that is to be executed at a residence or warrant authorizing a
search and seizure at a residence to contain the requirements set forth in the
bill.

���� The provisions of the bill
also modify the use of force by a law enforcement officer to effect an arrest.�
Under the bill, the use of force to effect an arrest pursuant to a warrant is
not justifiable unless the warrant is valid or reasonably believed by the actor
to be valid; and, if the warrant relates to an arrest at a residence or search
and seizure of a residence, the officer executes the warrant in accordance with
the provisions of the bill.