Every situation is a little different. One Video? LOL. Sometimes it's good to talk and sometimes it's not so good to talk. It depends on what your talking about - and the exact situation. One size does not fit all. Afterall, it's not just about 'memory' - but agendas, preconceived notions,mistaken identities, and the fact that if you don't clarify a situation...somebody else<not your magical lawyer> might talk and do all the 'clarifying' for you at the scene. The blanket statement of 'never talking to a police officer without a magic lawyer' might serve some cases...but it just might worsen some other situations.
Also - is it possible to be a mute zombie? A police officer can misremember your body language, your demeanor...and how you chose 'not to say anything at the time.' Your not saying anything can be misremembered as your being 'aloof' or 'uncoperative' or being 'suspicious.' If you say NOTHING except I WANT MY LAWYER...that might not look so good down the road...ie. How did the defendant react? Oh he refused<if I remember right> to talk; he just kept saying 'I really need a lawyer this time...and seemed to be really angry. He muttered something.'
If you choose not to say anything, you leave everything in the hands of other people at the scene to say things for you...and sometimes that's not a good thing to do.
Now, if you're guilty as sin, I'd say by all means you should not say anything, and you should just get with your lawyer asap...unless you already have a premeditated airtight alibi.:barf:
At some point, you will have to explain things. At the scene your name and a brief description of who you are and what happened might just keep you out of more complicated trouble. A Bad Cop is not going to be any nicer if you don't say anything. In fact, a Bad Cop might just make up a few things for you to have said. Might even make his/her paperwork a little easier...and then you'll have to explain how you didn't say anything at all at the scene when the Bad Cop says you said a few things.
Johnny, did you hit that baseball that went through the window?
Johnny's answer of 'I'm not talking until I've talked to a lawyer...' might not be such a good answer. You certainly have the right not to talk...
Lawyers give a lot of good advice and 20/20 legal hindsight is wonderful. Lots of brilliant lawyers in jail too!
Last 'mugging' I saw the little gang members were saying the victim was the perpetrator and had harrassed the 'alleged mugger.' If not for the true victim explaining what had happened and being much more credible - what then?
The victim's statement jived with what was suspected - and the little gang members were carted off to jail for curfew violation...while we hunted for the real mugger, th actual perpetrator.