[old curmudgeon]

I understand that he is not the responding officer.

However in his city of employment, he was trained to be a responding officer.

Therefore he should have been careful to determine if the driver was injured or incapacitated due to a health problem.

Unless the driver reeked of the smell of alcohol or a pile of empty beer cans rolled out when he opened the door, the off duty cop was not acting properly.

In any accident, the first duty is to the injured and that requires that he determine whether there are any injured.

[JLS]

Ok, then we generally agree. Of course even if the driver “reeked of alcohol or a pile of empty beer cans rolled out when he opened the door” the criminal was not acting properly. He still had the the duty to the injured or in this case the ill and he had a responsibility to determine if the person he was, as it turns out, illegally detaining was ok.

[Forgotten Amendments]

Unless the driver reeked of the smell of alcohol or a pile of empty beer cans rolled out when he opened the door, the off duty cop was not acting properly.

So, that WOULD have excused beating an old man? Or ANYONE????