(concurring specially).
I concur in the result. Compare our recent decisions in the following cases: Williams v. United States, 5 Cir. 1964, 328 F.2d 669; Boulden v. Holman, 5 Cir. 1967 (November 3, 1961), 385 F.2d 102, Amador-Gonzalez v. United States, 5 Cir. 1968 (January 10, 1968), 391 F.2d 308 and Windsor v. United States, 5 Cir. 1968 (January 31, 1968), 389 F.2d 530 as well as the recent Ninth Circuit case of Keegan v. United States, 385 F.2d 260, referred to in Footnote 3 to the majority opinion.
This is a fluid and fast-developing field of federal constitutional law. In this situation, a cautious case-by-case approach is necessary to proper development of controlling precedent.