United States v. Jerry Richard Larkin

OPINION

HUFSTEDLER, Circuit Judge.

Larkin appeals from his conviction for violating 21 U.S.C. §§ 841(a)(1), 846 (possession of marijuana with intent to distribute). The question on appeal is the validity of the vehicle search that revealed the marijuana. Resolution of the question turns on the issue: Does an informant’s tip that meets neither of the tests of Spinelli v. United States (1969) 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 and Aguilar v. Texas (1964) 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 supply probable cause to search or to arrest when innocuous information contained in the tip…