Acting NJ AG announces plan to track and narrow use of controversial no-knock warrants

New Jersey acting Attorney General Andrew Bruck issued three policies regarding statewide policing Tuesday, including a narrowing of the use of controversial no-knock warrants.

The directives, which also include one related to a citizen's right to record police activity and another related to promoting diverse hiring processes by law enforcement agencies, are part of the state attorney general office's goal to "reinforce New Jersey’s position as a national leader in the policing profession."

“The initiatives announced by the Office of the Attorney General are a tremendous step forward for law enforcement,” Gov. Phil Murphy said in a press release.

“They will build public trust and better reflect the diversity of the communities they protect and serve, underscoring our administration’s commitment to transparency, racial equity, and justice in our policing practices.”

The most notable of the policies is the change to no-knock warrants, which allow police to execute warrants without having to knock on a door or ring a bell before entering. Such warrants are particularly controversial, and received national attention after police shot and killed Breonna Taylor in Louisville, Kentucky in March 2020 while serving a no-knock warrant at her home.

The death of Taylor sparked calls to eliminate such warrants across the country, and New Jersey lawmakers have discussed outlawing them. In the meantime, the attorney general's policy change narrows the conditions under which police can obtain a no-knock warrant. In order to get one now, officers will have to demonstrate that knocking and announcing will "create a reasonable and particularized concern for officer safety or the safety of another person."

In addition, a trained tactical team will execute all no-knock warrants under the new policy, which also requires that county prosecutors or their senior legal staff designee be the ones to approve any of these warrants sought by police.

It also asks county prosecutor's offices to track the number of no-knock warrants applied for and authorized by a judge within their jurisdictions.

While authorities say no-knock searches are rare, an investigation by NorthJersey.com and the USA TODAY Network Atlantic Group in 2020 found there's little state oversight of which agencies use them or when. The New Jersey Attorney General's Office doesn't track how many no-knock warrants county prosecutors or state judges greenlight every year, or what alleged crimes authorities invoke to obtain them.

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Tracking is either spotty or nonexistent at the county level also, even though local prosecutors must review every warrant before they take it to a judge for approval.

Bruck also issued a directive regarding a bystander's right to witness, observe and record law enforcement officers conducting official duties in public, and describes actions that officers are not allowed to take, such as telling someone they are not allowed to film police encounters.

The third policy announced by Bruck are guidelines for diverse hiring practices by law enforcement agencies, with the objective of addressing any underrepresentation found in police departments. These guidelines are in accordance with a 2020 state law meant to address a lack of diversity in law enforcement agencies.

State police Superintendent Patrick Callahan expressed support for the policies in the press release.

"As our country continues to evolve, New Jersey remains at the forefront of transparent policing by implementing policies that help reinforce the trust between law enforcement and our residents," he said.

Liam Quinn is a breaking news reporter for NorthJersey.com. To get breaking news directly to your inbox, sign up for our newsletter.

Email: quinnl@northjersey.com

Twitter: @Liam_D_Quinn

This article originally appeared on NorthJersey.com: No-knock warrants: NJ attorney general Andrew Bruck new plan