William O. Douglas

“ A search warrant would be merely the means of insuring the production in court of the primary source of evidence otherwise admissible. Though consent to the inspection did not include consent to the taking of the check, there was no wrongdoing in the method by which the incriminating evidence was obtained. The waiver of such rights to privacy and to immunity as petitioner had respecting this business undertaking for the Government made admissible in evidence all the incriminating facts. We cannot extend the rule of the Weeks case so far as to bar absolutely the check itself. ”

“ Had the check been returned to petitioner on the motion to suppress, a warrant for it could have been immediately issued. [7] Or during the inspection, the agents could have taken photostats or made copies of the check and offered them in evidence without producing the originals. Lisansky v. United States, 4 Cir., 31 F.2d 846, 850, 851, 67 A.L.R. 67. Darby v. United States, 5 Cir., 132 F.2d 928, 929. The agreement to allow an inspection carried consequences at least so great. The question therefore is a narrow one. It is whether the check itself could be introduced at the trial. ”

“ Notes
↑ 'Whoever shall make or cause to be made or present or cause to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, any claim upon or against the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, knowing such claim to be false, fictitious, or fraudulent ”