NJ Vehicular Pursuit Policy: AG Directive 2022-4, Qualifying Offenses, Imminent Threat Definition, MVR/BWC Activation

NJ Vehicular Pursuit Policy — AG Directive 2022-4

The New Jersey Statewide Vehicular Pursuit Policy is the operational companion to the Use of Force Policy. The current version was promulgated by Attorney General Directive 2022-4, issued April 29, 2022 by Acting Attorney General Matthew J. Platkin. Directive 2022-4 is the vehicular pursuit policy — do not confuse it with the broader Use of Force Policy revision or with the duty-to-intervene directive. The LEE tests the directive number, the qualifying offenses, the "imminent threat" definition, the recording-equipment activation rule, and the termination standards.

Why the Policy Is Restrictive

Vehicular pursuits are among the most dangerous acts an officer undertakes. The directive cites sobering data from NJ's own experience since the policy was last overhauled in 2009: nearly 4,200 pursuits ended in crashes, over 2,800 people were injured (including 625 officers, 682 third-party drivers, and 52 pedestrians), and 59 people died. More than 10% of all pursuits end in a crash that produces injury or death. The policy therefore treats pursuit as a last-resort tactical choice, not a default response to flight.

The Core Rule: Only for Qualifying Violent Offenses

A pursuit may be initiated only when the officer has probable cause to believe that the driver, passenger, or vehicle is involved in:

• A crime of the first degree, or
• An enumerated violent or serious crime of the second degree listed in the policy

The Six Offenses Added by 2022-4 (Section 3.2(a))

Directive 2022-4 added six offenses to the authorizing list, responding to a spike in auto theft and bias crime:

1. Possession of a firearm, explosive, or destructive device for an unlawful purpose — N.J.S.A. 2C:39-4(a)-(c)
2. Unlawful possession of a weapon (machine guns and handguns) — N.J.S.A. 2C:39-5(a) and (b)
3. Burglary of a dwelling — N.J.S.A. 2C:18-2 (the addition is limited to dwellings; burglary of a commercial building, vehicle, shed, or other structure is not authorizing)
4. Theft of a motor vehicle — N.J.S.A. 2C:20-3; grading at 2C:20-2(b)(2)(b)
5. Receiving stolen property (motor vehicle only) — N.J.S.A. 2C:20-7; same motor-vehicle-specific grading
6. Bias intimidation — N.J.S.A. 2C:16-1

The trap answer on the LEE: burglary of a commercial structure or a shed is not authorizing — only dwelling burglary qualifies. Similarly, receiving stolen property is authorizing only when the property is a motor vehicle.

The "Imminent Threat" Definition (Section 3.2(b))

Even when a qualifying offense is present, an officer may pursue only when the violator poses an imminent threat. Directive 2022-4 defines "imminent threat" precisely:

An imminent threat exists when an officer reasonably believes that the violator's actions are immediately likely to result in death or serious bodily injury to another person absent action by the officer.

Three components must all be present:

1. Reasonable belief — articulable facts, not a guess
2. Immediate likelihood — the harm is about to happen, not speculative
3. Death or serious bodily injury to another person — property harm alone does not qualify

A driver merely fleeing at high speed does not, without more, satisfy the imminent-threat test. The officer must articulate why the flight itself is about to kill or seriously injure someone — e.g., wrong-way travel on a highway, weaving through pedestrians at speed, or firing from the vehicle.

Activation of Recording Equipment (Section 5.6)

When an officer begins closing the distance between two vehicles with intent to pursue, the officer shall activate the motor vehicle recorder (MVR) and body-worn camera (BWC) — if the equipment is present and activation is possible without activating the emergency lights. The policy anticipates that an officer may begin closing distance before initiating a full pursuit, and recording should capture that escalation. Once emergency equipment is activated, full recording is mandatory for the duration of the pursuit.

Termination Rules

The policy requires that an officer terminate a pursuit whenever:

• The violator's identity is known to the point that later apprehension is feasible
• The imminent threat has dissipated (e.g., the vehicle slows, stops, or is no longer endangering others)
• Continuing the pursuit creates a greater danger than the suspect's escape
• The officer loses visual contact with the vehicle
• A supervisor orders termination

The sanctity of human life principle from the Use of Force Policy carries over: no property crime, no minor offense, and no flight risk justifies a pursuit that risks death or serious bodily injury. The decision to continue is reassessed continuously.

Reporting and Command Review

Directive 2022-4 tightened reporting under Section 12.1(e): every agency must report quarterly to the County Prosecutor (for municipal/county agencies) or to the Office of Public Integrity and Accountability (OPIA, for statewide agencies) all vehicular pursuits determined not to be in compliance with the Use of Force Policy or agency policy, following mandatory command-level review. This creates an audit trail and a corrective loop.

Why It Tests Well

The LEE likes 2022-4 because it is specific and dated: a defined qualifying-offense list, a precise imminent-threat definition, a recording rule, and quarterly reporting. Expect questions on: the directive number (2022-4), the six added offenses, the "imminent threat = immediately likely to cause death or SBI" definition, the MVR/BWC activation rule, and the trap that dwelling burglary qualifies but commercial burglary does not.