UNITED STATES v. POND

Nos. 1075, 1117, Dockets 75-1100, 75-1131.

523 F.2d 210 (1975)

UNITED STATES of America, Appellee, v. Steven POND and David Fanelli, Appellants.

United States Court of Appeals, Second Circuit.

Decided August 28, 1975.

Certiorari Denied January 12, 1976.


Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (William J. Gallagher, The Legal Aid Society of New York, New York City, on the brief), for appellant Pond.

John D. Jessep, Bridgeport, Conn., for appellant Fanelli.

Michael S. Devorkin, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty. for the Southern District of New York, Lawrence S. Feld, Asst. U. S. Atty., on the brief), for appellee.

Before SMITH, ANDERSON and OAKES, Circuit Judges.


Certiorari Denied January 12, 1976. See 96 S.Ct. 794.

OAKES, Circuit Judge:

This appeal presents two questions — first, whether an unidentified but reliable informant's detection of marijuana using his sense of smell alone may provide probable cause for the issuance of a search warrant; second, whether the warrant issued in this case is valid despite a negligent misrepresentation by the officer in the underlying affidavit. The officer mistakenly had...

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