Christopher Boyer v. State of Arizona and Frank Eyman, Warden of Arizona State Prison

CHOY, Circuit Judge.

Christopher Boyer, an Arizona prisoner, appeals the District Court’s denial of his petition for habeas corpus. His sole contention is that the search warrant under which he was stopped, his car searched, and marijuana found in his possession seized was issued without probable cause.1 The evidence thus seized was instrumental in his conviction of violation of Arizona Revised Statutes, §§ 36-1002.05 and 36-1002.07, subsec. A, possession and transportation of marijuana. The District Court found that while the written affidavit submitted to the Arizona magistrate did not set…