United States v. Gary Crawford

This is an appeal from a judgment of conviction based on the decision of the District Court, a jury having been waived, for having possession of a controlled substance (hashish) with intent to distribute in violation of 21 U.S.C.A. § 841 (a) (1).

Prior to trial the appellant moved, pursuant to Rule 41 of the Federal Rules of Criminal Procedure to suppress, as evidence, contraband which had been seized pursuant to a search warrant and which contraband formed the basis of the indictment. At the time of the hearing on the motion, the Court, after hearing the testimony of U. S. Customs Agent, Phil Roberts, whose affidavit formed the basis for the issuance of the search warrant herein, denied appellant’s motion to suppress and ruled that the warrant and the affidavit in support thereof were valid on their face. Thereafter the appellant waived trial by jury, stipulated to the allegations contained in the indictment and incorporated by reference the Rule 41 hearing into the trial record. The court found the appellant guilty as charged.

The sole issue which appellant Gary Crawford raises on this appeal and with which this court is faced concerns the sufficiency of the affidavit which U.…