OFF-Duty! The officials will argue this point. It is up to the complainant’s lawyer to prove otherwise. If he was OFF-duty, the officials will argue that he/she was not under their employ at the time of the criminal activity. IF the officer was ON-Duty, it is a different ballgame. But be sure that whether on/off, the officials will argue to their benefit. There is a heap of legal battles to forge through before it is argued in court.
Discussion Papers: ON/OFF Duty Police Officer Conduct
1) On/Off-Duty Conduct: http://goo.gl/8Jpi0H
2) On/Off-Duty Conduct: http://goo.gl/bCDjst
The unequivocal truth is firm at the top of the legal mountain. Take a step back to reflect, then move onward.
Do not lose your truth in their words – Stay on your trajectory and you WILL succeed
note: each province/state will have their own policies and procedure