That is not the definition of active and passive listening I had heard.
Active listen is being engaged asking questions and showing empathy outwardly. That could be trying to "fix" it but it could also be the "why would they say" type lines or other affirmations that others in this thread are saying both I thought were types of active.
Even if you are in the right and court will release you...that could be in 3 or 4 days time after you have spent time under arrest and had the "ride" to holding cell.