Criminal Procedure & Rights When Arrested

Arrested on Hearsay

You are arrested based solely on what someone else said, with no physical evidence.

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What They Said

“Someone told us you did it. That is enough for us to bring you in.”
Police arrest you based on an accusation from a third party, with no independent evidence, and imply that the accusation alone justifies your detention.

Treating Accusation as Evidence

An accusation is a claim — it is not evidence. For a lawful arrest to occur, there must be reasonable grounds to suspect that a person has committed an offence. A single uncorroborated statement from a third party may provide the basis for an investigation, but it does not automatically constitute reasonable grounds for arrest, especially without any corroborating information.

Your Legal Foundation

Strafprozeßordnung
“Before the investigating judge, the oath of the witness is to be taken only after the hearing, in observance of the law of May 3, 1868, RGBl. No. 33.”
This rule concerns the timing of a witness's oath in judicial proceedings, not the basis for arrest. An accusation alone, without independent evidence, does not justify detention under this provision.

God's Word on This

Deuteronomy 19:15 (NET)
“A single witness may not testify against another person for any trespass or sin that he commits. A matter may be established only on the testimony of two or three witnesses.”
Ancient legal principle: one witness is not sufficient to establish a matter. Accusation by one person is not proof.
John 7:51 (NET)
“Our law doesn't condemn a man unless it first hears from him and finds out what he has been doing, does it?”
Nicodemus states the legal principle: hear the person first. A judgment before hearing is no judgment at all.
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Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “But Section 171 implies that the judge has already heard the witness, so the accusation is reliable.”
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They might say: “This law allows the judge to take the witness's statement as evidence, so we can use it to arrest you.”
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