Flippo v. West Virginia, 528 U.S. 11, 5 (1999) (per curiam)

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Cite as: 528 U. S. 11 (1999)

Per Curiam

they did. As in Thompson v. Louisiana, supra, at 23, however, we express no opinion on whether the search here might be justified as consensual, as "the issue of consent is ordinarily a factual issue unsuitable for our consideration in the first instance." Nor, of course, do we take any position on the applicability of any other exception to the warrant rule, or the harmlessness vel non of any error in receiving this evidence. Any such matters, properly raised, may be resolved on remand. 469 U. S., at 21; see also United States v. Matlock, 415 U. S. 164 (1974).

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted, the judgment of the Circuit Court of West Virginia, Fayette County, is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

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