Utah Admin. Code R728-507-6 - Deadly Force Policy
(1) Any use of
deadly force by an officer shall comply with Section
76-2-404.
(2) Intentional discharge of a firearm in a
use of force situation is considered deadly force. However, the act of
establishing a grip, drawing a weapon or pointing a weapon does not constitute
the use of deadly force.
(3) Other
force may also be considered deadly force if the officer reasonably believes
and intends that the force applied will create a substantial likelihood of
causing death or serious bodily injury.
(4) If reasonable and feasible, an officer
shall make efforts to identify their position as a peace officer prior to the
use of deadly force.
(5) If
reasonable and feasible, an officer shall give a verbal warning to submit to
the authority of the officer prior to the use of force if doing so would not
increase the danger to the officer or others
(6) Use of deadly force by discharge of a
firearm against the operator of a moving vehicle, vessel, or aircraft may
create additional harm to officers or others. The hazard of an uncontrolled
conveyance must be taken into consideration prior to the use of deadly force.
Consequently, deadly force should not be used against an operator of a moving
vehicle merely fleeing from officers unless the vehicle or the escape of the
subject poses an imminent threat of serious physical injury or death to the
officer or to another person.
(7)
Officers should move out of the path of an approaching vehicle, if feasible,
instead of discharging their firearm at the vehicle or any of its occupants. An
officer should only discharge a firearm at a moving vehicle or its occupants
when the officer reasonably believes there are no other reasonable means
available to avert the threat of the vehicle, or if deadly force other than the
vehicle is directed at the officer or others. Officers should not shoot at any
part of a vehicle in an attempt to disable the vehicle.
Notes
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