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Answer 1: When a crime is committed, and police have a suspect, they will sometimes try to trick him into saying something which confirms that he was present at the scene of the crime, rather than getting him to admit to having committed the crime.

Police do this when they think they can't get him to admit that he did the crime, but, in casual conversation, they can get him to slip-up and accidentally admit that he was at least there.

Once police get him to make this mistake, it becomes much easier to shake him up and get him to admit that he committed the crime. But even if police still can't get him to do that, hise "mere presence" at the crime scene can be enough for prosecutor's to get a search warrant to search his house.

That's very common: Police will have the suspect in an interrogation room, and officers will be outside, watching through a two-way mirror, and listening through speakers. They wait, patiently, while the skilled detectives in the room with the suspect trick him into admitting that he was at least present at the scene of the crime. Sometimes the suspect doesn't even realize that something he said, or some combinations of several things he said, places him at the scene. Once the officers outside the room hear that, they take that information to the prosecutor (or sometimes directly to a judge) and they swear-out an affidavit attesting to what the suspect said, establishing his "mere presence" at the scene, and based on that the judge may issue the search warrant. If the judge so does, then while the suspect is still in the interrogation room, police will be searching his house. To do it lawfully, in most states, the officers in the interrogation room must be handed a copy of the warrant, and they, in turn, hand it to the suspect while the officers who are going to do the searching are driving to his house. That's because in some states, the suspect must be served the warrant before the search begins. In most states, though, that's not a requirement, as long as the suspect gets "timely served" the warrant, which means basically any time that's not unreasonable... including at the end of the interrogation, or even after the search is completed as long as the interrogation hasn't yet ended.

"Mere presence," then, can be a big deal. That's yet another reason why no suspect should ever talk to police without a lawyer present. Suspects should learn that the only thing police can require of them is their identity. The US Supreme Court rules just a few years ago that a suspect's right to "remain silent" does not extend to his identity. He must disclose who he is. However, beyond that, all suspects, no matter what, should utter just one word in response to all questions, and one word, only: "Lawyer."

No matter what police claim or threaten in response, just keep saying "lawyer" in response to every question. Even if police ask "so how 'bout those San Francisco 49ers, eh? That was some game on Sunday, eh?", the answer is "lawyer." That's it. Just "laywer." No matter what.

And the reason, simply, is that police are smarter than most suspects, and can easily get the suspect to say something which said suspect believes is inconsequential, when it can actually materially change the case. Always, always, always ask for a lawyer, no matter how smart you, as the suspect, think you are. Always, always, always... no matter what. Ask for a lawyer!

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