How do I file a complaint against a police officer in New Jersey?

What should I do right after a bad police encounter?

The first hours matter most, because details fade and evidence gets lost.

• Write it all down now: the date, time and exact location, what was said, and the officers' names, badge numbers, patrol car numbers and agency.
• Save your video and photos: back them up somewhere other than your phone. The Attorney General's 2021 right-to-record directive says bystanders may watch, photograph and record police in public, and officers may not order you to stop recording or demand your ID for it, though they can tell you to move back if you are interfering. New Jersey law allows recording a conversation you are part of.
• Get witnesses: names, phone numbers and what each person saw.
• Document injuries: photograph them over several days, get medical care, and keep every record and bill.
• Keep your paperwork: any citation, property receipt, report number or business card an officer gave you.

Justice Sentinel lets you record these details as soon as possible after the encounter, so your notes, times and evidence are already in one place when you file.

Where do I file a complaint against a New Jersey police officer?

You can file in more than one place. Start with the department, then go up the chain if you need to.

1. The officer's own department

The Attorney General's Internal Affairs Policy & Procedures binds every police agency in the state. Its public information sheet says complaints are accepted from any person, including anonymous sources, at any time, regardless of immigration status, and that you will be told the status and outcome if you ask. The policy says you never have to make a sworn statement to start the process, and staff should not say anything that would discourage you from filing. Agencies are encouraged, but not required, to accept complaints by phone or email. If you cannot get to the department, someone from it should come to you to take the complaint.

• Complaint information sheet: the Attorney General's sample sheet, which each department fills in with its own details, explaining your rights when you file. It comes in English and 11 other languages.

2. The county prosecutor and the Attorney General

If the department does not resolve it, the Attorney General's Safe Stop NJ page says to go to the county prosecutor next, then to the Attorney General, which will not process a complaint until those steps are tried. Complaints about the New Jersey State Police go to the Office of Law Enforcement Professional Standards, which accepts anonymous complaints and needs no sworn statement.

• Safe Stop NJ: file a complaint: the Attorney General's guide and online complaint form.
• State Police complaints: the Office of Law Enforcement Professional Standards page.

3. A civilian review board

Newark's Civilian Complaint Review Board says anyone can file a complaint with it. In 2020 the New Jersey Supreme Court held that the board can investigate complaints and recommend discipline, but not while Internal Affairs is investigating the same matter. It also held that, under current state law, a city cannot give the board subpoena power; the Legislature would have to change the law first.

• Newark CCRB: the board's page.

4. An officer's state license

Since January 1, 2024, every New Jersey officer needs a license from the Police Training Commission. It can suspend or revoke a license for a crime, unprofessional or deceptive conduct harmful to the public, or being suspended or fired for discipline, and departments must report sustained findings and major discipline to it. The commission does not describe a way for the public to file a complaint with it.

5. Deaths during a police encounter

When someone dies during an encounter with police or in custody, state law requires the Attorney General, not the county prosecutor, to investigate and present the case to a grand jury (N.J.S.A. 52:17B-107). The Attorney General's Office of Public Integrity and Accountability handles these and other serious force cases.

What happens after I file a police complaint?

• You hear the outcome: each agency must tell complainants the outcome of their complaints.
• No set end date: the Attorney General says there is no specific number of days within which an internal affairs investigation must be finished. If no decision on charges comes within 180 days, the county prosecutor must be told.
• Major discipline is published: each year, by January 31, agencies post a summary of officers fired, demoted or suspended more than five days, and certain sustained findings, with the officer named.

Is there a deadline to file a police complaint in New Jersey?

No. Agencies must accept a complaint at any time. The deadlines for money damages are strict:

• Notice of claim: within 90 days of the incident, under the Tort Claims Act. You then must wait six months after the notice is received before suing (N.J.S.A. 59:8-8).
• Late notice: a judge can allow a late notice up to one year after the claim arose, but only if you show extraordinary circumstances and the government was not substantially harmed by the delay (N.J.S.A. 59:8-9). The notice must also go to the specific government body responsible (N.J.S.A. 59:8-7).
• Tort Claims Act lawsuit: within two years of the incident.
• New Jersey Civil Rights Act: no notice of claim is needed, and the deadline is two years.

Federal civil rights lawsuits follow different rules. A lawyer can tell you which deadlines apply to you.

How do I get police reports, records and body camera video?

Ask under the Open Public Records Act (OPRA). People often call it a FOIA request, but for New Jersey agencies it is an OPRA request.

• Response time: the agency must respond within seven business days, and silence counts as a denial. Requests must be in writing. You can appeal to the Government Records Council within 45 days or go to court, but not both.
• Internal affairs files: they are exempt from OPRA, but in 2022 the New Jersey Supreme Court held that the public can still seek them under the common-law right of access, with redactions, depending on how serious the misconduct was and whether it was sustained.
• Body camera video: agencies keep recordings at least 180 days, and at least three years if someone who appears in the video files a complaint about the encounter. If you were recorded, you can also ask the agency to keep the video for three years. A parent or guardian can ask for a minor who was recorded, and next of kin can ask for someone who has died (N.J.S.A. 40A:14-118.5).
• Deadly force video: under the Attorney General's directive, video of a deadly force or death incident is generally released on request within 20 days.

Justice Sentinel can generate a records request letter asking for the incident and arrest reports, body and dash camera video, dispatch logs and use-of-force reports from your incident.

When should I talk to a lawyer?

Talk to a lawyer soon if you were injured, arrested or charged, had property taken or damaged, or lost a family member, or if you think you may want money damages. The 90-day notice of claim deadline goes fast. If you face criminal charges from the encounter, consider talking to your defense lawyer before you file a complaint, because what you write could come up in your case. Legal aid offices, lawyer referral services and civil rights organizations can help you find one.

How does Justice Sentinel help you file a police complaint?

Justice Sentinel is a civil rights app that helps people document police encounters and turn what happened into a formal misconduct complaint, a public records request or a court declaration signed under penalty of perjury. You can start a draft for free; the filing-ready PDF, delivery and declaration review are paid options.

• Document the encounter: answer guided questions about what happened, and the app organizes your account, times, people and evidence.
• Misconduct complaint: a formal complaint about an officer or department, written in clear, official language, that puts your account on the record with the agency, oversight bodies or investigators.
• Public records request: a request for the incident and arrest reports, dispatch logs, use-of-force reports and messages about your incident, and body and dash camera video in states where it is a public record.
• Court declaration: a written statement of the facts that you sign under penalty of perjury. Our team reviews it for completeness and formatting and returns it to you, as a paid option. Courts have their own rules for declarations, so check them, or give it to your attorney, before you file it.
• File it yourself or have it sent: start free with a draft, then choose a paid option: download a filing-ready PDF and send it yourself, or have your complaint and records request delivered for you to the agency you choose, with tracking.
• Proof of delivery: when the agency's mail server confirms it received a complaint or records request we sent for you, you get a Certificate of Service recording when, where and what was sent, which your attorney can use as proof of delivery.
• Agency directory: look up thousands of US law enforcement agencies and start a complaint against the right one.
• Encrypted attorney messaging: if your attorney also uses Justice Sentinel, messages between the two of you in its end-to-end encrypted channel are sealed in your browser before they are sent, so Justice Sentinel can't read them.