Charles F. Leeper v. United States

LEWIS, Chief Judge

(concurring specially).

As the main opinion correctly and specifically holds, the search of the subject premises was authorized as a consent search. Having so held, I consider it unnecessary to resolve the argumentative validity of the search warrant. The fact that Agent Miller may have placed partial subjective reliance on the warrant for his search is of no consequence, Green v. United States, 10th Cir., 386 F.2d 953, and I do not consider this case to otherwise present a situation indicating a need for anticipatory guidelines.