UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,

v.

HERBERT BEASLEY, DEFENDANT-APPELLANT

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby denied. The alternative petitions for appointment of counsel to perfect a petition for a writ of certiorari and for stay of mandate pending petition for a writ of certiorari is denied. See Fifth Circuit Local Rule 15.

. The Supreme Court frequently explained that the double jeopardy clause protects two important intei’ests of the criminal defendant: (1) the right to have guilt or innocence determined by the particular jury then empanelled, and (2) the right to be free from harassing multiple prosecutions for the same offense.

The underlying idea, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.

Green v. United States, 355 U.S. 184, 187-188, 78 S.Ct. 221, 223, 2 L.Ed.2d 199 (1958).

. In Tateo v. United States, 377 U.S. 463, 466, 84 S.Ct. 1587, 1589, 12 L.Ed.23 448 (1964), the Supreme Court commented:

Corresponding to the right of an accused to be given a fair trial is the societal interest in punishing one whose guilt is clear after he has obtained such a trial. It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction. From the standpoint of a defendant, it is at least doubtful that appellate courts would be as zealous as they now are in protecting against the effects of improprieties at the trial or pretrial stage if they knew that reversal of a conviction would put the accused irrevocably beyond the reach of further prosecution. In reality, therefore, the practice of retrial serves defendant’s rights as well as society’s interest.

Similar policy considerations apply to the decision of a trial court to grant a mistrial at the request of the defendant.

. The cap pistol was subsequently identified by the victimized teller as similar in appearance to the weapon employed by the robber of Leon Federal. No other evidence found on the defendant’s person or vehicle at the time of his arrest was introduced into evidence by the government.

. We find no merit to appellant’s suggestion that, in view of the available alternative of placing him in the heated patrol car, obtaining his overcoat was a pretextual subterfuge to conduct a war-rantless search of his personal effects. The officer is entitled to have his actions judged in the light of reasonableness under the existing circumstances rather than in the light of hindsight. It was not in the slightest degree unreasonable to grant the request for the warmth of the coat without suggesting that entering the patrol car might be a less intrusive means of achieving comfort.

. In light of our holding in regard to the legality of the search, this latter allegation cannot form, the basis for a claim of ineffective representation.