(concurring):
I concur unreservedly in Judge Robb’s opinion, and I add this word only to emphasize the degree to which, in my judgment, the Government’s sensitivity to procedural orderliness and fair play contributed to the result we reach. Had it declined to invoke the authority of the judiciary in advance, relying instead upon after the fact justifications, we would have been presented with quite a different — and palpably more difficult — case. But because it proceeded as it did, appellant was, prior to the removal of the bullet and at the Government’s insistence, afforded an evidentiary hearing before a United States District Judge in which he was represented by counsel, asserted his objections, and had the benefit of cross-examination of the Government’s medical witness. Opportunity was further provided appellant, before the operation, to seek appellate scrutiny of the District Court’s findings and authorizations.
This case is something of a sport on its facts, and frequent recurrence of anything like it is hardly to be expected. But any future prosecutor confronted with a similar problem would, in my view, be well advised to look to the procedural example set in this case.