(concurring in part and dissenting in part):
I accept the Government’s concession in cases numbered 21,427 and 21,437 solely on the authority of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, (1968).
In 21,427 I concur in that part of the opinion holding that Appellant is without standing to object to any claimed Fifth Amendment violations arising out of Frazier’s confession.1 I dissent from that portion of the majority opinion which permits Appellant to re-open the identification issue on remand. As the majority concedes, witnesses “Reznick and Simpson had a good opportunity to observe their assailants at the time of the offense. They gave a reasonably accurate description of both robbers shortly thereafter.” Since the witnesses had a prior adequate opportunity to observe, there was plainly an independent source for the in-court identifications. It is on this same basis that I concur in the majority holding in number 21,437 that the witness who made the in-court identification in the District Court is to be permitted to testify at the new trial without the necessity for a pre-trial hearing.
In number 21,439 the only issue before the court is whether an alleged failure by the police to inform Appellant of the offense charged and that there was an outstanding arrest warrant, thereby violating Fed.R.Crim.P. 4(c) (3), invalidates the arrest and accompanying search so as to require the suppression of the fruits of the search. The record is unclear as to all the relevant facts, and, accordingly, a remand would be necessary if the court were to conclude that a violation of Rule 4(c) (3) required exclusion. I concur in the majority’s opinion which affirms without remand because, as the majority implicitly recognizes, a violation of Rule 4(c) (3) does not require that the fruits of an incidental search be suppressed. In addition to the reasons given by the majority, there are several other considerations which persuade me to delimit the impact of the Rule.
It states no more than the obvious to recall that on numerous occasions the Supreme Court has emphasized that the Fourth Amendment prohibits only “unreasonable” searches and that reasonableness is determined by relating the scope of the search to the underlying facts and all the surrounding circumstances. In analyzing the instant case to determine whether the search was reasonable, we have a duty to balance the need for the search against the, degree of intrusion which the search entails. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed. 2d 889 passim (1968). This calls for a careful scrutiny of the facts of this case and not merely a consideration of the abstract question of. whether the failure to offer the information outlined in Rule 4(c) (3) vitiates the arrest supporting the search.
In weighing the significance of Rule 4(c) (3) it should first be noted that the Rule speaks solely about the timing of communication information — the relevant point here being the alleged failure of the police to inform Bryson of the charge and the warrant thereby resulting in his first learning this information not upon arrest but at his preliminary hearing, a day later.2 Quite clearly, this *703purely technical violation of 4(c) (3) is unrelated to the grounds for Bryson’s arrest and, therefore, the Court is not faced with a questionable restraint on liberty because of the arrest.
Although it is obviously desirable that arrested persons be promptly informed of the reasons for. their detention, the significance of being informed at the time of arrest is neither boundless nor invariable. Appellant’s counsel arguing by analogy from 18 U.S.C. § 3109,3 urges that the announcement requirement of 4 (c) (3) was intended to encourage an arrested person to submit without resistance which it is assumed he will do more readily if the grounds are stated. While this policy is not a factor to be totally ignored, the assumed basis is not necessarily a universal truth.4 Appellant has conceded that the announcement provisions have little relevance to this particular case.5 Moreover, 18 U.S. C. § 31096 is not instructive as to 4(c) (3); the former specifies announcement of purpose before forcing entry7 whereas 4(c) (3) neither specifies that announcement be made prior to arrest nor does it permit the destruction of private property.
Is it likely that the police would refuse to answer an inquiry as to the cause for arrest? There is no indication that Bryson made such inquiry or that the police refused to cooperate; thus, it is more probable than not that Appellant was fully aware of the officer’s authority and purpose, thereby making the announcement a useless gesture. Miller v. United States, 357 U.S. 301, 310, 78 S. Ct. 1190, 2 L.Ed.2d 1332 (1958), teaches that the law does not always demand literal compliance when it constitutes ritualistic formalism. Whatever the value in a prompt statement of the basis for an arrest, surely it cannot be said to be of such crucial significance on this record as to render the police conduct unreasonable. In assessing police conduct we ought not use rules mechanically; the rule of reason must control.
Moreover, a large factor underlying 4 (c) (3) must include the protection of law enforcement officers; as the Supreme Court recently pointed out, the occupational hazards are substantial and the safety of policemen is essential to society:
We are now concerned with * * * the more immediate interest of the police officer in taking steps to assure himself that the person with whom he is dealing is not armed with a weapon that could unexpectedly and fatally be *704used against him. Certainly it would be unreasonable to require that police officers take unnecessary risks * * *. American criminals have a long tradition of armed violence, and every year in this country many law enforcement officers are killed in the line of duty, and thousands more are wounded. Virtually all of these deaths and a substantial portion of the injuries are inflicted with guns and knives. Terry v. Ohio, 392 U.S. at 23-24, 88 S.Ct. at 1881 (footnote omitted). [The omitted footnote pointed out that 55 of the 57 law enforcement officers killed in 1966 died from gunshot wounds.]
The arrest warrant on which the officers acted in this case charged Bryson with armed robbery; therefore, a high degree of concern for safety was in order and their precaution was fully justified.8 A gun was found in Bryson’s belt.
The Supreme Court has frequently pointed out a second justification for conducting a search incident to an arrest— to prevent the destruction of evidence of the crime. See, e.g., Preston v. United States, 376 U.S. 364, 367, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964). In the instant case, of course, this concern was valid since a gun had been used in several of the robberies.
Finally the Supreme Court has often emphasized that the “major thrust [of the exclusionary rule] is a deterrent one” Terry v. Ohio, 392 U.S. at 12, 88 S.Ct. at 1875, 20 L.Ed.2d 889; the reason for the rule dissolves when this primary purpose cannot be served. No reasons have been suggested to indicate a police motive to avoid the 4(c) (3) announcement, as may be the case, for example, in the failure to give the required warnings as set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). In sum, it seems to me that to exclude the evidence here would be an extraordinarily crude way to advance a relatively minor interest; such a blunt instrument is not needed to discourage conduct which police have little interest in maintaining.
. My views as to Frazier’s confessions are set out in Frazier v. United States, 136 U.S.App.D.C. -, -, 419 F.2d 1161, 1171 (1969) (dissenting opinion).
. Although at oral argument there was some discussion which indicated that Rule 4(c) (3) required the giving of this information prior to arrest and search, there is no support whatsoever for this in the statute. The Rule merely provides that sometime during the arrest the arrestee be told of the charge and the warrant:
The warrant shall be executed by the arrest of the defendant. * * * If the officer does not have the warrant in *703his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. (Emphasis added.)
. The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant. (Emphasis added.)
. One can speculate, with abundant factual predicates in thousands of case records, that a man who has just committed a homicide or other grave crime may well resist arrest forcibly if he is told that is the basis, whereas he might well submit quietly if the stated reason is that the rear lights of his car are not functioning— and both violations might well be correct. Hence the random judicial speculation at appellate levels where the predicates have not run the gauntlet of challenge and cross examination encompassed in the adversary process are often lacking in validity.
. “No attempt to escape or to endanger anyone was made, nor could one have been reasonably anticipated under the circumstances of the show of force by the police.” Appellant’s Reply Brief at 3.
. See footnote 3 supra.
. For example, under section 3109 no doors may be broken unless it is absolutely necessary to do so, see Miller v. United States, 357 U.S. 301, 310, 78 S.Ct. 1190, 2 L.Ed.2d 1332 n. 10 (1958), whereas Rule 4(c) (3) does not specify a prior announcement nor does it permit the destruction of property under any circumstances.
. See Jones & Dorman v. United States, Nos. 21,664 & 21,736 (D.C.Cir. May 5, 1969) (Lev-enthal, J., dissenting).