Duty to Intervene and Report: AG Directive 2022-14, Intervention Continuum, Anti-Retaliation, Supervisor Notification

AG Directive 2022-14: The Duty to Intervene and Duty to Report

AG Directive 2022-14 is the New Jersey Attorney General directive that establishes the law enforcement duty to intervene and the duty to report another officer's use of excessive, unreasonable, or unlawful force. It was issued alongside the December 2022 revised Use of Force Policy and operationalizes the fifth core principle (duty to intervene). Do not confuse this directive with internal affairs procedures or with AG Directive 2022-4, which is the separate vehicular pursuit policy — the LEE will test whether you know which directive number covers which subject.

Who Must Intervene

The duty applies to every law enforcement officer in NJ, regardless of rank, assignment, or agency. A patrol officer witnessing a detective using excessive force must intervene; a corrections officer witnessing a patrol officer using excessive force must intervene. The duty is not limited to supervisors, and a subordinate may intervene against a superior. The duty attaches the moment the officer observes — or reasonably should observe — that another officer is using force that is clearly unreasonable, excessive, or unlawful under the circumstances.

The Three-Level Intervention Continuum

AG Directive 2022-14 establishes an escalating intervention continuum. The officer must use the level of intervention reasonably necessary to stop the excessive force, starting at the lowest effective level:

1. Signal (Non-Verbal) Intervention — The officer uses a non-verbal cue to alert the officer using excessive force that they should stop: a hand gesture, a tap, eye contact, stepping into the officer's line of sight. This is appropriate when the excessive force appears inadvertent or the officer may not realize the subject has stopped resisting.

2. Verbal Intervention — The officer uses a direct verbal command: "Stop," "He's down," "That's enough," "Back off." Verbal intervention is appropriate when a signal is ineffective or when the excessive force is clear enough to warrant an explicit command. The directive requires the intervening officer to be direct and unambiguous.

3. Physical Intervention — The officer physically steps in to stop the excessive force: pulling the officer off the subject, positioning between the officer and subject, or otherwise using hands-on action to terminate the force. Physical intervention is appropriate when signal and verbal intervention have failed or are clearly insufficient and the excessive force is continuing. Physical intervention against another officer is a serious step, but the directive makes clear that the duty to intervene requires it when lesser intervention would not stop the excessive force.

The continuum is not a rigid ladder — if an officer is striking a motionless subject with a baton, verbal intervention alone may be inadequate, and the witnessing officer may go directly to physical intervention. The test is what level is reasonably necessary to stop the excessive force.

Anti-Retaliation Protection

AG Directive 2022-14 expressly prohibits retaliation against any officer who, in good faith, intervenes to stop excessive force or reports a use-of-force violation. Anti-retaliation covers the full range of employment actions: transfers, assignments, shifts, discipline, evaluations, and informal ostracism. An officer who intervenes or reports cannot be punished, demoted, reassigned to a worse shift, or otherwise penalized for doing so.

This protection is critical because the duty to intervene can require a subordinate to step in against a superior, which carries real career risk. The directive recognizes that without anti-retaliation protection, the duty to intervene would be hollow. The LEE tests anti-retaliation directly — the correct answer is that the directive both requires intervention and protects the intervening officer from retaliation.

Duty to Report and Supervisor Notification

The duty to intervene is paired with a duty to report. An officer who witnesses excessive or unlawful force must:

1. Intervene to stop the force (using the appropriate continuum level).
2. Notify a supervisor as soon as practicable — the witnessing officer must promptly report the incident up the chain of command. "As soon as practicable" means as soon as the tactical situation allows, not necessarily instantly, but without unreasonable delay.
3. Document the incident — the incident must be reported through the Use of Force Portal (UFP) and through the officer's agency's internal reporting system, consistent with AG Directive 2022-14 and the agency's internal affairs procedures.

Consequences of Failure to Intervene or Report

Failure to intervene, failure to report, and retaliation against an intervening officer are each separately actionable. The consequences can include:

• Departmental discipline up to and including termination.
• Criminal prosecution — an officer who fails to intervene in another officer's criminal use of force can be charged as an accomplice or for official misconduct.
• Civil liability under state and federal law (42 U.S.C. 1983 for deprivation of rights under color of law).

Common LEE Trap Questions

Trap 1: 'It's the supervisor's job.' A question describes a patrol officer watching a senior officer use excessive force and asks what the patrol officer should do. The trap answer is to wait for a supervisor. The correct answer is that every officer has a personal duty to intervene — rank and seniority do not excuse the duty.

Trap 2: Confusing directive numbers. A question asks which AG directive establishes the duty to intervene. The trap is to pick AG Directive 2022-4 (vehicular pursuit). The correct answer is AG Directive 2022-14 (duty to intervene and report). Memorize: 2022-14 = intervene and report; 2022-4 = vehicular pursuit.

Trap 3: Intervention must be physical. A question describes an officer inadvertently continuing force and asks the required intervention. The trap is to pick physical intervention. The correct answer is to start with the lowest effective level — a signal or verbal intervention may be enough if the officer did not realize the subject stopped resisting.