In what circumstances will the court grant a search warrant for a fraudulent check in which no crime has been committed?

In Gilbert v. United States, 291 F.2d 586 (9 Cir. 1961), this court held that the search was unreasonable when government agents allegedly maneuvered to make the arrest of the defendant in his home. No offense was committed in the presence of the arresting officer. The crime charged was the forgery of a check which the government had in its possession. The items seized were checks and income tax returns which were evidentiary only and not instrumentalities of the crime charged.

We have reviewed the authorities cited by the appellant. The case of United States v. Clancy, 276 F.2d 617 (7 Cir. 1960), (reversed on other grounds in 365 U.S. 312, 81 S.Ct. 645, 5 L.Ed.2d 574), more nearly resembles the fact situation here. The search warrant described the property to be seized as in this case.⁵