If he went over the gate and it came back up it would have been shaking and the officer was only a split second behind him so I don't see the gate going back up before the officer could make his move and if in fact it did the officer would have also went over the fence, and why would he get out the car and look around, look around at what? you can clearly see the car driving away, the only thing the officer could look for was a whole in the gate, and he could due that from the car.