May Police Use Service Weapon As a Flashlight

[huntsab]

My question involves police conduct in the State of: CA
A police officer makes a traffic stop at night. Driver fails to stop for a stop sign in a residential neighborhood. Officer claims he dropped his flashlight as he got out of his patrol car. So, he approaches the driver with his gun drawn because he has a tactical light mounted to it. The officer admits this is the only reason his gun was drawn. Is this a criminal offense? Reckless endangerment? He pointed a loaded gun at the driver! When police add these military tools to their weapons do they practice before they are turned loose on us? Is it ever ok for police to use their weapon as a flashlight? Thank you.

[cdwjava]

So, he approaches the driver with his gun drawn because he has a tactical light mounted to it. The officer admits this is the only reason his gun was drawn. Is this a criminal offense? Reckless endangerment?

No, and no.

You can complain to the officer's agency if you wish. But, it is not criminal, and hardly "reckless endangerment" (whatever that might be). Though, back in the day (before my time) there were a couple of agencies (Victorville being one of them) that required officers to write brandishing or ADW reports with themselves as suspects if they ever had their weapon out or pointed it at someone. The agency let the DA decide on criminal liability (and none were, but the agency was running scared ... and weird for some reason).

When police add these military tools to their weapons do they practice before they are turned loose on us?

Yeppirs. Frequently and quite often.

Is it ever ok for police to use their weapon as a flashlight? Thank you.

Yes.

As I mentioned, if you feel the officer was somehow reckless or unprofessional, you can complain to his or her employing agency. It would not be the first time an officer used a tactical light to illuminate someone on a stop, and it will not be the last. There are reasons why it is a bad idea, and reasons why it might absolutely be a great one! Whether you were in an area or exhibited any signs that might have given the officer some concern for his or her safety, I cannot say. But, when I worked in So Cal, it was not uncommon for me to approach a car on a "typical" stop with my gun either canted back in the holster with my hand on it, or at a low ready position along the side of my leg and out of the driver's view.

Why this officer might have felt it was better to approach with his tac light as opposed to retrieving his flashlight, I don't know. But, his sergeant might want to ask him. And, they'll never know if you don't tell them.

[huntsab]

The reason this is a bad idea is the officer is putting a person in physical danger when there are better, safer alternatives. Pick up your flashlight, call for back-up, or just go with the blinding lights on your patrol car. Basic rules of gun safety should be followed. We are not the enemy and you are not the military. We are seeing too much military influence in civilian policing. Weapons, gear, tactics designed for a very different mission are being used against us. The mentality is changing, too.

[cdwjava]

The reason this is a bad idea is the officer is putting a person in physical danger when there are better, safer alternatives.

I never said it was a GOOD idea, only that it is not unlawful on its face.

Pick up your flashlight, call for back-up, or just go with the blinding lights on your patrol car.

Or, all of the above AND the gun. I have done all of these on non-felony stops when the situation seemed to call for it. It should also be noted that in many smaller jurisdictions "backup" may be far away or non-existent. Calling for backup on every traffic stop is simply not practical or necessary. Any beat partners will already be rolling that way on a stop if they are clear.

Not that I am saying that the tac light use was appropriate, but what do you think should be required before an officer draws and aims his firearm? When I worked the big city, the standard procedure in more than a quarter of our stops (more than half in some beat areas) was put the car in park, open the car door, and draw your weapon.

Basic rules of gun safety should be followed.

We do not know that they were not. Did he have his finger ON the trigger? Chances are, no. (And this really has nothing to do with "militarization" of police agencies so I'll take a pass on that discussion here.)

As I said, your recourse here is to complain to the employing agency.

[huntsab]

"what do you think should be required before an officer draws and aims his firearm?" A real threat of danger to yourself or another- a reason to place the other person in real danger. I am not knowledgeable about guns. Maybe I am perceiving more danger than there really is. I've read they have gone off with police just trying to turn on their light. People can panic when they see a gun. Unarmed people are shot all the time. Pointing a loaded gun at a person is inherently dangerous. Our safety is important, too. There does not seem to be any laws or rules that govern when police can point a gun at a person. I hate being so afraid of police.

[cdwjava]

"what do you think should be required before an officer draws and aims his firearm?" A real threat of danger to yourself or another- a reason to place the other person in real danger.

And, what to YOU constitutes a "real threat?"

See, there's the rub, what you think is a "real threat" might very well be too late for the officer to properly respond. Besides, a "real threat" is not the standard to which officers - or civilians - are held to when it comes to the use of force or even the threat of force.

I am not knowledgeable about guns. Maybe I am perceiving more danger than there really is.

Possibly.

I've read they have gone off with police just trying to turn on their light.

I've read a great many things that have been the result of foolish actions by an officer or some other person. While I am not familiar with any such situation, I imagine it has happened ... though I am not personally familiar with a tac light switch that is activated with a trigger switch, perhaps there is or has been one.

People can panic when they see a gun. Unarmed people are shot all the time. Pointing a loaded gun at a person is inherently dangerous. Our safety is important, too. There does not seem to be any laws or rules that govern when police can point a gun at a person. I hate being so afraid of police.

Sorry you are so afraid of the police. Nothing I can say or do will ever change that.

As I said, the actions of this officer may not have been the wisest action (absent any articulable threat). but it does not appear to have been unlawful, either. It does seem to be something worth reporting to the the agency, however, for if the officer is taking such unsafe actions on a regular basis then he may well need some retraining.

[viol8te]

Personally, before I became a probation officer, I have had numerous times where the police made me fear them. There were many variables as to why this was, but nonetheless, it was my case. Once, I started doing probation, I learned how to shoot and I also learned gun safety. One key thing that I learned is that you never put your finger on the trigger until you know that you want to shoot. I have now enough trust in the law that if an officer approached me and told me before anything else. that he's using his tac light, he's showing me respect that he doesn't have to. Now, if he comes back with the tac light on his gun and still no regular flash, I'm now a little suspect about the whole thing. But all in all, I'm not feeling threatened unless he's given me reason to through his verbal commands.