how would you react

[fdep]

Just a quick question to see how and why others would react the way they do.

You're on patrol at any given time and observe _________ (insert traffic violation). You elect to perform a traffic stop for said violation. The lone occupant driver of the vehicle pulls to the shoulder, quickly exits, and begins walking towards your patrol car. While walking the driver is questioning why they were stopped. Do you order the driver back to their vehicle or keep them outside the vehicle?

[LA DEP]

Keep them outside......he is attempting to seperate himself from something in the vehicle, and trying to divert your attention.

[Kypd114]

Their feet don't hit the ground before mine. If he's out of his car and facing you walking towards you and you are sitting in your car... you're dead. To answer your question: he will be ordered back to his car at gunpoint and depending on his reaction he will be placed in handcuffs and charged with menacing. If he goes back into the car, be sure to explain to him its not a good idea to get out of the car on someone. Have you seen the number of cops killed this year? Don't even hesistate to pull your gun out and order him to do your will for your officer safety. Go home every night.

[Big Blue NY 85]

Their feet don't hit the ground before mine. If he's out of his car and facing you walking towards you and you are sitting in your car... you're dead. To answer your question: he will be ordered back to his car at gunpoint and depending on his reaction he will be placed in handcuffs and charged with menacing. If he goes back into the car, be sure to explain to him its not a good idea to get out of the car on someone. Have you seen the number of cops killed this year? Don't even hesistate to pull your gun out and order him to do your will for your officer safety. Go home every night.

+10

[LA DEP]

Exactly where do you get 'menacing' from this scenario?

[ArkansasFan24]

The situation isn't always the same, but the person is never met with a welcome when they do that. Usually it's a mix of violent yelling to get them back in the car as well as some weapon involvement. Call it what you like. I can't stand it. I want them sitting in their little car seat all strapped in.

[Dep D]

Just from your scenario, by Colorado statute you don't have menacing. This does not mean I can't point my gun at you. The person is an unknown quantity for your scenario. I can justify pointing my pistol at him for the various reasons.

1) I don't know his intent.
2) I don't know his background.
3) I don't know if he is armed.
4) I don't know if he is unarmed.
5) I don't know if he is an accomplished fighter with his hands.
6) I don't know if he is an accomplished knife fighter.
7) I don't know if he has a body stashed in the car and wants to get away.
8) He has not shown any willingness to comply with any verbal commands that have as yet been uttered.

I guess I could keep going, but I can tell you in Colorado, I, my Sergeant, and my Command Staff would have zero issues with pointing my service pistol at a person who quickly exited his vehicle and was quickly walking back to me.


But the driver wouldn't know it from the white wall of light he would encounter.

To answer your question, he stays outside.

[Broke Hoss]

I think it is fluid & I'm with both schools of thought on if he goes back in the vehicle or not. My 1st command, as I draw my weapon, is to get him back in. If he makes it to the back bumper, I try to move him to curb. As soon as I can, back up is called. I can say he just won himself a frisk, & the area he came from/will be getting back into of the car, and maybe a K9 sniff.

[Kypd114]

Lets not get wrapped around the axles about charges. Legality of an arrest is going to depend on state law and your circumstance in front of you. All I'm saying is to make sure you control the scene and go home at night. It's better to be judged by 12 then carried by 6. As long as you're doing something legal and ethical you'll be good.

[LA DEP]

Lets not get wrapped around the axles about charges. Legality of an arrest is going to depend on state law and your circumstance in front of you. All I'm saying is to make sure you control the scene and go home at night. It's better to be judged by 12 then carried by 6. As long as you're doing something legal and ethical you'll be good.

Agreed....but you didnt answer the question....

What actions in this scenario constitute 'menacing'?

[Rblake]

Order him back in the vehicle, if refused, I'm calling back up, and bringing him to the side of the road for interrogation. Use of force will be dependent upon his attitude, actions, posture & the million other factors, but from what you've already stated, the OC/taser/gun is probably coming out of the holster.

Then I'm charging him with aggravated stupidity.

[retired]

I'm curious about the comment from several of you that you would immediately draw your weapon on this individual. Seems like by doing that you have escalate the situation to the highest level of force, lethal. So if the person doesn't stop, do you then shoot them? The scenario that was presented said the person got out of their vehicle and started walking toward your patrol unit asking why they were stopped. There was nothing else presented to indicate the subject was a threat.

If I remember correctly, this happened all the time in Los Angeles County, and unless I had additional information about the person, I can't remember immediately drawing my weapon.


And for the cop who said they would arrest the subject for menacing, what exactly was menacing about the subject's actions?

Just curious guys and girls.

[USMARINE]

My hand would be on my gun and I would also be moving to the rear of my vehicle for cover as I was yelling for the person to stop. With the kind of crap that's going on out on the streets anymore the situation could change in an instant and I don't let them back in the car. I had this happen on Wednesday when I pulled a trucker for speeding. He approached my car as I'm filling out his cite with a white in color object raised over his shoulder. The object turned out to be a handful of zip-ties he was going to use to "fix his grill" but it could've easily been a weapon.

[Dingo990]

He's probably going to get a gun pointed at his face.

Although, most people aren't able to get out of the car with me being out of mine first and yelling at them to stay in.

[beachcop05]

Get the f^^k back in your car! if he doesn't I go hands on