[Uncle Chip]

if you don’t put the weapon down when ordered to do so, and appear to be moving the weapon into a firing position, that’s a different situation.

When you are not sure if a person has a weapon which he is incidentally allowed to legally carry in California, and when you don't identify yourself as a police officer, and when you give your order from inside the police car where it can't be heard, then you shouldn't be pulling your weapon on somebody with their back turned.

[Moonman62]

Was he in a marked police car and in uniform?