“The driver has his hands in full view”
AT the time this photo was snapped, yes. We have no idea what went on prior.
We can debate ad infinitum what happened before the photo was taken, but there is no denying what we actually do see in the photo. The fact that the officers and the guy look fairly calm leads me to believe that there was no serious noncompliance before the photo was taken. Especially since the guy is still sitting in his car, as opposed to lying on the pavement in handcuffs.
All parties involved look to be in a casual attitude, and the cop has the rifle casually pointed at the man's head.
I know several cops, and none of them would train a gun on a person unless that person presents an actual threat, which is as it should be.