Current through Bulletin No. 2024-21, November 1, 2024
Section R728-507-5 - Use of Force Policy(1) Officers shall use only that amount of force that reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control.(2) Officers shall respect the sanctity of human life, must act reasonably to preserve human life, do what is reasonably possible to avoid unnecessary uses of force, and minimize the force that is used, while still protecting themselves and the public.(3) No policy may realistically predict every possible situation an officer might encounter in the field, it is recognized that each officer must be entrusted with well-reasoned discretion in determining the appropriate use of force in each incident. While it is the ultimate objective of every law enforcement encounter to minimize injury to everyone involved, nothing in this policy requires an officer to sustain or risk physical injury before applying reasonable force.(4) Officers may only use force as provided in Sections 76-2-401 through 76-2-404 and 77-7-7.(5) In determining whether to apply any level of force, various factors that should be considered include: (a) the conduct of the individual being confronted as reasonably perceived by the officer at the time;(b) comparative age, size, relative strength, skill level, injury, and exhaustion, of officers and subjects;(c) the number of officers vs. subjects;(d) impairment of the subject;(e) the proximity of weapons;(f) the degree to which the subject has been effectively restrained and the subject's ability to resist despite being restrained;(g) time and circumstances permitting, the availability of other resources or tactics;(h) the seriousness of the suspected offense and reason for contact with the subject;(i) the training, skill and experience of the officer;(j) the potential for injury to citizens, officers, and suspects;(k) the risk of escape of the suspect;(l) whether time, proximity and opportunity permit the use of de-escalation efforts;(m) the public safety risk of an immediate apprehension weighed against a delayed apprehension, including, whether the subject's identity is known, level of encounter. and level of resistance; and(n) other exigent circumstances or any other relevant factors.(6) Officers are expected to use only that degree of force that is reasonable based on the totality of the circumstances to successfully accomplish the legitimate law enforcement purpose in accordance with this policy.(7) Circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the standard tools, weapons, or methods provided by the agency. Officers may find it more effective or practical to improvise a response to rapidly unfolding conditions confronting the officer. In such circumstances, the use of any improvised device or method of force must, nonetheless, be objectively reasonable and utilized only to the degree reasonably necessary to accomplish a legitimate law enforcement purpose.Utah Admin. Code R728-507-5
Adopted by Utah State Bulletin Number 2022-01, effective 12/27/2021