Court of Appeals for the Second Circuit August 28, 1975, 1075, 1117, Dockets 75-1100, 75-1131 (United States v. Steven Pond and David Fanelli)

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.