Utah Admin. Code 728-507-6

Current through Bulletin No. 2024-21, November 1, 2024
Section 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.

Utah Admin. Code R728-507-6

Adopted by Utah State Bulletin Number 2022-01, effective 12/27/2021