The following excerpt is from U.S. v. Charria, 919 F.2d 842 (2nd Cir. 1990):
If during postindictment questioning a lawyer's role is limited to advising his client which questions to answer, the same limited role obtains regarding a postindictment search. After consenting to a search, a defendant is a purely passive player and requires no " 'aid in coping with legal problems or assistance in meeting his adversary.' " Id. at 298, 108 S.Ct. at 2398 (quoting United States v. Ash, 413 U.S. 300, 313, 93 S.Ct. 2568, 2575, 37 L.Ed.2d 619 (1973)). Beyond advising a client not to consent to a search, the advocate's role is an extremely limited one during this phase of the criminal proceedings. Moreover, Charria clearly understood the dangers to him associated with the search, as he initially lied to the arresting agents about having a gun, attempted to destroy drug records, and referred to the documents in the house as something that was "going to get me in trouble."
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