2. Do I have to talk to the police officers?
The person concerned is well advised to behave cooperatively but at the same time passively. Active resistance to arrest is not advisable. The person arrested is not obliged to provide information on the matter and should make use of his right to refuse to give a statement. Often the person concerned does not know at the time of arrest what exactly he is accused of.
The first uncontrolled statements of the arrested person are often sufficient to substantiate the accusation of the crime. Spontaneous comments that are made in the excitement of the situation are documented in detail, just like any other behavioral abnormality. Errors made in the context of the exceptional situation of arrest cannot usually be corrected later.
Many police officers try to chat with the person concerned in order to get them – mostly unconsciously – to incriminate themselves. Therefore, no person should get involved in small talk during an arrest or a raid of their home.
The police officers first take the detained person to the police station. There, an attempt is made to formally interrogate the person arrested. Here, too, the person concerned should remain firm and continue to make use of his right to refuse to testify.
The “good cop – bad cop” tactic is popular. The person concerned must not allow himself to be wrapped up in such games. The arrested person should not trust promises of the “good policeman” (“If you make a statement now, you can go home faster”). The police officers themselves have no influence on the release; only the investigating judge decides on this. Particularly the policemen have no influence on the later outcome of the proceedings. This is solely in the hands of the public prosecutor’s office and the court.
Statements by police officers that they will put in a “good word” to the prosecutor or judge usually serve only to deceive the accused, with the aim of “leading them up the garden path”.