c31:No. 74-2312

KOELSCH, Circuit Judge
(concurring):
I concur, albeit reluctantly. Absent this court’s recent decision in Winsett, I would opt for a flat rule outlawing such use of illegally secured evidence. The wisdom of my choice is demonstrated, I suggest, by the considerable emphasis that the main opinion is compelled to place upon the fact that here the unlawful invasion was considerably less intrusive than the “blatantly” illegal search revealed in Verdugo.
Courts ought to be afforded clear guideposts whenever reasonably possible and should not be required to nicely calculate the degree of the misconduct and perhaps the motivation of the government’s lawless officers.

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