It cannot be successfully argued that the validity of a warrant and search turns upon the presence of unlawfully obtained information in the affidavit supporting the warrant. Even though the affidavit included the evidence and statements which were suppressed, the district court was not required to suppress other evidence of which the Agents had gained knowledge from independent and lawful sources. See Silverthorne Lumber Co. v. United States, supra; Nardone v. United States, supra. Where the affidavit included illegally obtained evidence as well as evidence derived from independent and lawful sources, a valid search warrant may issue if the lawfully obtained evidence, considered by itself, established probable cause to issue the warrant. United States v. Plotkin, 550 F.2d 693, 697 (1st Cir.), Cert. denied, 434 U.S. 820, 98 S. Ct. 61, 54 L. Ed. 2d 76 (1977); United States v. DiMuro, 540 F.2d 503, 515 (1st Cir. 1976), Cert. denied, 429 U.S. 1038, 97 S. Ct. 733, 50 L. Ed. 2d 749 (1977); United States v. Race, 529 F.2d 12 (1st Cir. 1976).

There is nothing in the record of the case to show that information acquired by the Agents prior to January 31 came from other than independent and lawful sources. No violations of the fourth amendment rights of appellant in the acquisition of that information has been argued. The evidence which came to light as the direct result of the Agents' unlawful activities on January 31 was suppressed by the district court and in determining the validity of the subsequent search the district court excluded such evidence from its consideration. Although appellant has argued that other evidence was derived from the illegal conduct of the Agents, he has not directed our attention to any such evidence; rather, his contention is that all evidence seized on February 23 was marked with the taint of the illegal activities of January 31 and should be suppressed. For the reasons stated above we disagree.

Finally, appellant argues that the court's failure to exclude evidence seized on February 23 which, as appellant insists, was marked with the taint of the January 31 unlawful activities, "will encourage further inappropriate activities of agent investigators". We recognize that the primary justification for the exclusionary rule is deterrence of police activity that violates fourth amendment rights, but we know of no authority which proscribes the use of evidence, where there is a lawful basis for seizing it, because at some prior phase of the investigative process defendant had been the victim of an illegal search by the police. It is only when the Government seeks to incriminate the victim of the illegal search by use of illegally obtained evidence that the exclusionary rule may be invoked. Brown v. United States, 411 U.S. 223, 93 S. Ct. 1565, 36 L. Ed. 2d 208 (1973); Wong Sun v. United States, supra.

The district court refused to suppress the information in the affidavit derived from independent and lawful sources. This was the proper course to pursue under the circumstances.

We address the issue whether probable cause existed to issue the warrant after the narrative of the January 31 events was excised from the supporting affidavit. Issuance of the warrant rested solely on the basis of the affidavit of Bruce J. Bowen, one of the Agents. The warrant authorized search of the appellant's residence and seizure of "a paper cutter, ink, and other paraphernalia used in the manufacture of counterfeit federal reserve notes and certain counterfeit $10 federal reserve notes . . .". We find no merit in the argument6 of appellant that probable cause was not established by the recitals that remained in the excised affidavit.

Basic to the fourth amendment protections against "unreasonable searches and seizures" is the requirement of probable cause, a requirement that there exists a reasonable probability that the invasion of protected areas involved in the search will be justified by discovery in the place to be searched of items connected with criminal activity. In evaluating appellant's challenge, we interpret the information in the excised affidavit, not with a " grudging or negative attitude", not "technically", but in a "commonsense and realistic fashion". United States v. Ventresca, 380 U.S. 102, 108-09, 85 S. Ct. 741, 13 L. Ed. 2d 684 (1965).

The affidavit makes clear in this case that a neutral magistrate would have had probable cause to believe the crimes of counterfeiting obligations of the United States, and uttering the same, 18 U.S.C. §§ 471, 472, had been committed, and the appellant does not argue to the contrary. Thus the focus of our examination of the affidavit, in its excised condition, must be to determine whether it established probable cause to believe that fruits, instrumentalities or evidence of the crimes were concealed at appellant's home.

After weighing Agent Bowen's qualifications as recited in the affidavit, a magistrate could credit him with expertise as to the nature of the property employed in and methods of production of counterfeit notes. United States v. Moore, 562 F.2d 106 (1st Cir. 1977), cert. denied, 435 U.S. 926, 98 S. Ct. 1493, 55 L. Ed. 2d 521 (1978). From a reading of the affidavit it could reasonably be concluded that it was more than a coincidence when, during the four months after Grimaldi assembled paraphernalia capable of producing counterfeit currency by the photo-offset process, numerous $10 counterfeit notes (at least 80% Of all such notes), all similar in details and produced by the photo-offset process, appeared in Springfield. A realistic view of the information would entitle a magistrate to entertain a strong suspicion at the very least that, with his fingerprint on a negative of the notes, Grimaldi was involved in their production and that his hand was important in the criminal activity. From the character of the offset press, camera and platemaker, reasonable and proper inferences could be drawn of the extent of Grimaldi's opportunity to conceal them, and as to where such property would likely be concealed by one engaged in counterfeiting. See United States v. Melvin, 596 F.2d 492, 497-98 (1st Cir. 1979); United States v. Samson,533 F.2d 721, 723 (1st Cir.), cert. denied, 429 U.S. 845, 97 S. Ct. 126, 50 L. Ed. 2d 116 (1976); Haefeli v. Chernoff, 526 F.2d 1314, 1318-19 (1st Cir. 1975). Although three months, or more, elapsed between the discovery of plates and negatives by the New York police and the search of Grimaldi's home on February 23, 1978, nothing was discovered in New York to indicate that Grimaldi had not retained the press, camera and platemaker. Moreover, the inference was permissible, from the uttering of a counterfeit C-' 6420' note in Springfield on January 26, 1978, that the counterfeiting operation which began in September 1977 was continuing, and it could reasonably be believed that on January 26 Grimaldi was motivated by consciousness of guilt of the presence of counterfeiting equipment in his home when he went over the fence to avoid a confrontation with Meara. Cf. United States v. Miller, 589 F.2d 1117 (1st Cir. 1978), cert. denied, 440 U.S. 958, 99 S. Ct. 1499, 59 L. Ed. 2d 771 (1979). Even if it was not shown, as appellant argues, when it was that Grimaldi, Pepe and Albano were keeping company with one another, or that Grimaldi passed any of the notes, it is settled that property of a "person who the police do indeed suspect but do not have probable cause to arrest . . . may be searched upon probable cause to believe that fruits, instrumentalities, or evidence of the crime are present, even though the products of the search may implicate him". United States v. Melvin, supra at 496, citing Carroll v. United States, 267 U.S. 132, 158-59, 45 S. Ct. 280, 69 L. Ed. 543 (1925), and Zurcher v. Stanford Daily, 436 U.S. 547, 556-58, 98 S. Ct. 1970, 56 L. Ed. 2d 525 (1978). We think that the facts set forth in the supporting affidavit derived from independent and lawful sources considered by themselves, and the inferences that could naturally and properly be drawn therefrom, established a sufficient basis to permit a neutral magistrate reasonably to conclude that the property sought was located at Grimaldi's home at the time the warrant issued. Aguilar v. Texas, 378 U.S. 108, 111, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964).

Appellant argues that a particular description of the items to be seized was lacking in the warrant and therefore the warrant did not comply with fourth amendment standards. Although Grimaldi does not specify wherein the description was inadequate, we assume his challenge is to the language "other paraphernalia used in the manufacture of counterfeit federal reserve notes". Under the particularity requirement of the fourth amendment the language must be sufficiently definite to permit the officer executing the warrant reasonably to identify the items to be seized. United States v. Johnson, 541 F.2d 1311 (8th Cir. 1976). But the description of the property sought will depend upon whether it can readily be described and distinguished from other property of the same nature, for example, stolen property, or whether the precise identity of the property, such as contraband, may not be ascertainable at the time the warrant issues. Where "the purpose is not to seize specified property, but only property of a specified character, which by reason of its character is contraband, a description by designating its character is sufficient". People v. Prall, 314 Ill. 518, 522, 145 N.E. 610, 612 (1924), cited in United States v. Klein, 565 F.2d 183, 189-90 n. 10 (1st Cir. 1977). See also United States v. DePugh, 452 F.2d 915 (10th Cir. 1971), Cert. denied, 407 U.S. 920, 92 S. Ct. 2452, 32 L. Ed. 2d 805 (1972), Reh. denied, 409 U.S. 898, 93 S. Ct. 101, 34 L. Ed. 2d 157 (1972) ("destructive devices"); James v. United States, 416 F.2d 467 (5th Cir. 1969), Cert. denied, 397 U.S. 907, 90 S. Ct. 902, 25 L. Ed. 2d 87 (1970) ("gambling paraphernalia"); United States v. Johnson, supra ("marijuana, paraphrenalia (sic), and U.S. currency"); United States v. Wilson, 451 F.2d 209 (5th Cir.), Cert. denied, 405 U.S. 1032, 92 S. Ct. 1298, 31 L. Ed. 2d 490 (1971) ("paraphernalia for making coins"). Here the description of the property sought was sufficient to meet the requirements of the fourth amendment. The district court correctly ruled that the affidavit as excised established probable cause for issuance of the warrant to search appellant's dwelling, and that a valid warrant had issued.

We consider appellant's two claims concerning remarks made in the prosecutor's opening statement together. Objection was taken by defendant's trial counsel to the Government's mention of defendant's involvement in prior counterfeiting activity. The prosecutor explained to the jury that he proposed to offer the evidence of the prior acts, to show that Grimaldi's possession of photonegatives of the C-'6420' note was with the criminal intent to use them in a counterfeiting operation. The prosecutor also explained that such evidence would corroborate a witness to be called by the Government who would testify that Grimaldi had admitted prior counterfeiting activity. Defendant's counsel moved for a mistrial at the conclusion of the opening statement. The trial judge denied the motion with the comment that he would determine whether the probative value of the evidence outweighed its prejudicial effect when the evidence was offered. The judge later ruled the evidence inadmissible after hearing proffer of it in the absence of the jury. No curative jury instructions were requested by defendant, and none were given by the trial judge. However, counsel for defendant was then afforded opportunity to renew the motion for mistrial, and he declined. Appellant now contends that denial of the motion for mistrial at the conclusion of the opening statement required the trial judge to give cautionary instructions "in a timely fashion". In his brief appellant suggests that failure to give such instructions denied him due process of law.

At the outset there is the critical question whether appellant properly saved in the district court for review here the ground of objection to the opening statement. When the evidence was ruled inadmissible, the jury was still left aware of defendant's prior involvement in some other criminal activity from the prosecutor's statement. Had defendant accepted the opportunity to renew the motion for mistrial at this point, the trial judge could have weighed the possible prejudicial effect of the statement and taken appropriate measures to mitigate any harmful effect. On the other hand, when defendant's counsel responded to the question whether he intended to renew the motion, saying, "I'm not sure whether I want to move for a mistrial", the district judge quite properly could have concluded that counsel had made a tactical decision to let the matter rest, or in any event that the court was not then expected to take any curative action either by granting a mistrial or by appropriately instructing the jury. Thus there would appear to be no ground of objection saved for review in this court. But if it be assumed that appellant's claim is properly before us, we find it without merit.

The proper function of the opening statement of the prosecutor is limited to a discussion of the evidence which he intends to introduce and believes in good faith is admissible and available. This court has held that evidence "otherwise relevant is not rendered inadmissible merely because its tendency is to prove the commission of some other crime". Green v. United States, 176 F.2d 541, 543 (1st Cir. 1949). Evidence of a defendant's prior offense may be admissible to prove defendant's intent when it is a factor of the crime for which he is presently on trial. United States v. Hopkinson, 492 F.2d 1041 (1st Cir.), Cert. denied, 417 U.S. 968, 94 S. Ct. 3171, 41 L. Ed. 2d 1139 (1974) (Prior criminal acts of marijuana importation and sale were admissible Inter alia as prior similar acts to prove intent to distribute marijuana.); United States v. Easley, 505 F.2d 184 (9th Cir. 1974) (Evidence of prior conviction of passing counterfeit bills was properly admitted in defendant's subsequent trial on conspiracy charges where a jury instruction limited the use of the evidence to the issue of criminal intent.). Cf. Fed.R.Evid. 404(b). The prosecutor stated the purpose for which he proposed to offer the evidence, and his reliance on United States v. Eatherton, 519 F.2d 603, 611 (1st Cir.), Cert. denied, 423 U.S. 987, 96 S. Ct. 396, 46 L. Ed. 2d 304 (1975), for his expectation that evidence of the prior offense would probably be ruled admissible cannot be adjudged wholly without support. No question of the prosecutor's good faith is raised; all defendant will say is that the prosecutor intended to say what he did.

We do not find in this case that the comment of the prosecutor was so clearly prejudicial that, absent a curative instruction to mitigate its effect, reversal is required. Given the character of the appellant's defense7 and the weight of the evidence against him, it is by no means clear that the jury viewed the comment as bearing solely on the character of the defendant and that they convicted him only because they concluded his character was bad. In his brief appellant concedes that the exclusion of the evidence "indicated to the jury that . . . they could not consider the defendant's prior counterfeiting activity". We find that appellant's reliance on Miller v. Pate, 386 U.S. 1, 87 S. Ct. 785, 17 L. Ed. 2d 690 (1967) (Prosecutor knowingly and falsely represented that stained undershorts, allegedly the prisoner's, were stained with blood, when in fact they were stained with paint.) and Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963) (Prosecutor withheld evidence favorable to accused, who was seeking to avoid death penalty, of the degree of his involvement in the crime.) is misplaced.8 The record of the case here shows an isolated comment by the prosecutor, not repeated during trial, of what he expected in good faith to produce as evidence. We do not believe that the prosecutor's comment, absent an adequate curative instruction, made the trial unfair as to deny appellant due process of law.9IV.

Finally, we come to the claim that "(b)ecause Suprenant's testimony is the fruit of the illegal search of February 23, 1978, it too must be suppressed". In the district court defendant took no steps to suppress this testimony before trial, and raised no objection at the trial to the admission of the testimony on the ground sought to be raised here. Appellant's reference to the "illegal search of February 23, 1978" is not supported by any finding. Because this issue was not presented to the district court, and no exceptional circumstances exist to justify review of it, we will not consider the claim.

Affirmed.