In case it wasn't clear; Ross' aborted attempt at urban exploration was, indeed, trespassing. What Max is facilitating here is, fundamentally, an injustice. Two wrongs do not make a right, nor do they cancel each other out.
It's also important to note that what's occurring here is not a victory. Like most conflicts in life, the response is not "I admit I was wrong, allow me to make restitution", but rather "I'm still right, but you're not worth the time and effort for me to continue to assert it". No doubt, if Officer O'Reilly's partner were here, this scene would be ending differently.
Of course, if Officer O'Reilly's partner were here, this scene would have begun differently. There's no need to elbow someone in the head if you feel confident and secure and sufficiently backed up.
Where is that partner of his, I wonder?
(Monday afternoon, EXT: alleyway)
MH: So Ross, who ya gonna use your one phone call on?
RA: I... oh God, I don't have a lawyer, I'm not sure who you're supposed to call when you get arrested...
OO: You're not under arrest.
MH: Whawhawhawhat? Ross, you hear that?
OO: I was escorting this gentleman out of a hazardous location. At no point did I state that I was placing him under arrest.
RA: That's true. He didn't actually say "you're under arrest".
MH: So everybody here is, ipso facto, habeas corpus, in vino veritas, free to go?
MH: Damn, so much for True Crime. Sorry, folks, false alarm! But hey, let's not waste an interview. Ross! What do you do for a living, buddy?
RA: I-I'm a programmer.
MH: A programmer! What kind?
RA: Uh... Ruby on Rails-
MH: Oh, I love that game! Tell me, what's next for you guys- Emeralds on the Expressway? Diamonds on a Dirigible?
OO: You, on the other hand, should be aware that recording someone without their consent, even if they're just in the background, is a-
MH: Dude, didn't you hear? Everybody's free to go! You don't wanna be recorded, you are free to leave the Max-in-Action live broadcast studio at any time.
MH: So... bye.