This section contains the nature of the case and procedural background.

Silverman (D) had bought cocaine on several occasions. After a period of several months, DEA agents came to his house to speak with him. D did not reveal his identity; he instead claimed that the requested person was not home. The agents had not revealed their purpose, which was to arrest D. They returned later, and D turned himself in. This evidence of his false identification was admitted at trial. D was convicted, and he appealed, claiming that this evidence should not have been admitted.

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