or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. For a valid warrant to issue, it must appear from the affidavits supporting the application for the warrant that “there is probable cause to believe that an offense has been committed and that the defendant has committed it_” Fed.R.Crim.P. 4; Salmon v. Schwarz, 948 F.2d 1131, 1136 (10th Cir.1991) (citing Wong Sun v. United States, 371 U.S. 471, 481 n. 9, 83 S.Ct. 407, 414 n. 9, 9 L.Ed.2d 441 (1963)). Kaul argues that Stephan and his staff lacked probable cause to request the search warrants because the laws which the warrants alleged Kaul was violating do not apply to Indian retailers on reservations. Well-establish S. 505, 512-13, 111 S.Ct. 905, 910-11, 112 L.Ed.2d 1112 (1991) (<HOLDING>); Washington v. Confederated Tribes of the
holding that states have authority to tax sales of cigarettes to nonmembers of the tribe holding that montana could require indians who sold cigarettes to nontribal members to add the states tax to the sale price of the cigarettes and thereby aid the states collection and enforcement of the tax holding that state could require indian tribe to affix tax stamps purchased from the state to individual packages of cigarettes prior to the time of sale to nonmembers of the tribe and that state has power off the reservation to seize unstamped cigarettes as contraband holding tribal courts may not entertain claims against nonmembers arising out of accidents on state highways absent a statute or treaty authorizing the tribe to govern the conduct of nonmembers on the highway in question holding that both the state and the tribe can tax cigarette sales to nonindians