76-2-404 - Peace officer's use of deadly force.
76-2-404. Peace officer's use of deadly force.
(1) A peace officer, or any person acting by his command in his aid and assistance, isjustified in using deadly force when:
(a) the officer is acting in obedience to and in accordance with the judgment of acompetent court in executing a penalty of death under Subsection 77-18-5.5(3) or (4);
(b) effecting an arrest or preventing an escape from custody following an arrest, wherethe officer reasonably believes that deadly force is necessary to prevent the arrest from beingdefeated by escape; and
(i) the officer has probable cause to believe that the suspect has committed a felonyoffense involving the infliction or threatened infliction of death or serious bodily injury; or
(ii) the officer has probable cause to believe the suspect poses a threat of death or seriousbodily injury to the officer or to others if apprehension is delayed; or
(c) the officer reasonably believes that the use of deadly force is necessary to preventdeath or serious bodily injury to the officer or another person.
(2) If feasible, a verbal warning should be given by the officer prior to any use of deadlyforce under Subsection (1)(b) or (1)(c).
Amended by Chapter 51, 2004 General Session