2C:30-6.1 Crime of official deprivation of civil rights relative to possession of certain items.
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/nj/title-2c/chapter-30/2c-30-6-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
3. a. A law enforcement officer, when responding to a call for service or upon the initiation of any other law enforcement or investigative encounter related to a violation or suspected violation of paragraph
(1)of subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15), concerning the possession or consumption of alcoholic beverages, marijuana, hashish, or any cannabis item by a person under the legal age to purchase alcoholic beverages or cannabis items, shall be guilty of a crime of official deprivation of civil rights as defined in section 2 of P.L.2003, c.31 (C.2C:30-6) if that officer knowingly violates the provisions of subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15) that address law enforcement actions involving persons who are under the legal age to purchase alcoholic beverages or cannabis items by:
(1)requesting that a person consent to a search who is not capable of giving lawful consent or searching a person after wrongfully obtaining that person's consent;
(2)initiating an investigatory stop without reasonable articulable suspicion;
(3)initiating a search without probable cause;
(4)issuing a warning or write-up without a proper basis that a person committed a violation;
(5)detaining or taking into custody a person in a manner or for a longer period beyond the extent required to issue a warning or write-up;
(6)arresting a person for a possession or consumption violation of paragraph
(1)of subsection a. of section 1 of P.L.1979, c.264 (C.2C:33-15); or
(7)knowingly engaging in any other unlawful act, as described in subsection e. of section 2 of P.L.2003, c.31 (C.2C:30-6), against the person arising out of the call for service or initiation of any other law enforcement or investigative encounter, including but not limited to the unjustified use of force in violation of N.J.S.2C:3-7.
b. A violation set forth in this section shall require a finding that the law enforcement officer acted with the purpose to intimidate or discriminate against a person or group of persons because of race, color, religion, gender, handicap, sexual orientation or ethnicity.
c. A violation of this section shall be graded in the same manner as set forth in section 2 of P.L.2003, c.31 (C.2C:30-6) for other crimes of official deprivation of civil rights.
L.2021, c.25, s.3; amended 2023, c.335, s.4.