Thats a tough one, I can see in the vid where the guys hand appeared empty, but from the other side where the officer was, without a view of the hadn in particular, it would be ahard call. I do think maybe the officer 'could' have waited to see an actual gun, anyone one a bike is gonna turn around to address the officer. But also to race from a dead stop in front of a cop, ( I say race, their on bikes which are fast anyways, but have the same ability to acccellerate within limits like cars) almost made it appear tehy were running or testing the office. Too many variable for that to be open and shut.