Friday, July 2, 2010

When do police draw guns?

Just yesterday morning a woman asked me whether police officers can draw guns when challenging youths who are trespassing. I gave her the lawyer's answer (even though I'm not a lawyer) said, "It depends."

It seems to me that police officers should only draw weapons, if they believe they are in danger. They cannot draw them to threaten or intimidate someone.

I can recall only three times I drew my duty weapon in nine years. One was my first night on duty, when another deputy and I answered a burglar alarm at a restaurant that was closed. The back door was ajar and we entered to search the inside. As we had entered the driveway on one side of the restaurant, I thought I saw a car leaving a driveway on the other side. The back door was ajar, and we entered to search the inside. (If you ever wonder if a restaurant is clean, go after-hours and check out the kitchen!)

The second was when I chased a suspect into his apartment and he dove for the sofa, putting his hand under a cushion. The third was when another deputy and I found a home in a nice neighboorhood with the front door standing open at 1:30AM. We made a lot of noise when we eventually entered, and I had cautiously gone up the staircase toward the second floor. We thought the house was empty, and I hoped I'd be able to distinguish between a scared homeowner coming out of a bedroom door and an armed burglar. Fortunately, I didn't have to; the house was unoccupied.

What brings this to mind is the shooting deaths of two Tampa, Fla. P.D. officers at a traffic stop early last Tuesday morning. The first officer stopped a car with no license plate and determined the passenger was wanted on a worthless-check warrant. A second officer responded as back-up.

Both officers were on the same side of the car and, as they got the passenger out, news reports say the passenger turned around and shot both officers.

The dangers of what starts out as a "minor" traffic stop are obvious. Most officers treat every traffic stop as a life-and-death matter, and it could be. The odds are it won't be, but odds don't count, when the lead starts flying.

If (when) you get stopped, it is imperative to obey the directions of the deputy or officer. No sudden moves. Hands in sight. Don't reach for a pocket, purse or glove compartment without asking the officer if you can do so and receiving permission. If your wallet is in your back pocket, say so first.

If you are in a concealed-carry state and are packing, tell the officer that you have a permit and that you have your weapon with you. Wait for instructions.

Don't be alarmed if the officer or deputy who stops you is formal or firm with you. His life is on the line. If you feel you were treated unprofessionally, take it up with his supervisor or the chief later.

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