United States v. Glenn Edward Maher

This appeal is from Maher’s conviction of conspiracy and possession of 1,200 pounds of marijuana with intent to distribute. We affirm.

Appellant first challenges the sufficiency of the affidavit in support of the search warrant. He contends the key information — that there was marijuana in the truck searched — was a conclusion unsupported by the averments in the affidavit. Although the affidavit does not disclose the underlying circumstances from which the informant, a constable of the Royal Canadian Mounted Police, concluded the truck contained marijuana, the search warrant was nevertheless valid. There appears sufficient independent corroboration of the thorough information provided the officers and “sufficient detail whereby the Judge could ‘know that he is relying on something-more substantial than a casual rumor.’ ” United States v. Toral, 536 F.2d 893, 895 (9th Cir. 1976), quoting Spinelli v. United States, 393 U.S. 410, 416 , 89 S.Ct. 584, 589 , 21 L.Ed.2d 637 (1969).

The affidavit, containing sixteen (16) paragraphs set forth on three (3) pages, cited information received from the Canadian constable that “a brown, 1979, GMC truck with an Okanagan camper, bearing B.C.…