Professor says pointing police gun faces same law as firing it

Pointing a firearm at a person is governed by the same legislation as firing it, emeritus criminal law professor Matti Tolvanen told Yle after a police officer aimed a gun at a man in Tampere.

The incident occurred when the man opened the door of an unmarked police car parked at a bus stop in the Villilä district. The vehicle was being used by police conducting traffic enforcement.

The Office of the Prosecutor General will assess whether there are grounds to suspect the officer seen in the video of a crime.

“It is a last resort that may only be used when no other means remain,” Tolvanen said.

According to Tolvanen, police may generally use a firearm only to remove a threat to life or health, or in a self-defence situation. Based on the video published by Yle, he said there did not appear to be grounds for threatening the man with a gun.

“The opening of a car door probably cannot be considered an unlawful attack, so this does not appear to be a self-defence situation,” Tolvanen said.

He said the officer’s own perception of the situation would be important in determining whether a crime had been committed. Investigators will need to establish what grounds the officer had for believing there was a threat that justified pointing a firearm or another use-of-force instrument at the man.

Tolvanen also criticised the officer’s language. In the video, the officer tells the man to “fuck off”.

“That is inappropriate. The law requires officials to behave properly in the performance of their duties,” Tolvanen said.

He said speaking should always be the police’s first response. The officer could have asked why the man had opened the door and tried to establish his intentions. Since the vehicle was unmarked, Tolvanen said the man might even have had an acceptable reason to check whether something was wrong.

However, Tolvanen also criticised the man’s actions. The video does not show or record him knocking before opening the car door.

“Opening the door of someone else’s car is not justified conduct. It can lead to a conflict if the person inside misunderstands why the door is being opened,” he said.

The officer may have interpreted the action as an attempt to interfere with or obstruct police duties, Tolvanen added.