United States v. James Pelham, 801 F.2d 875 (6th Cir. 1986). · Go Syfert
United States v. James Pelham, 801 F.2d 875 (6th Cir. 1986). Cases Citing This Book View Copy Cite
217 citation events (107 in the last 25 years) across 10 distinct courts.
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At page 878 Assessing substantial basis for probable cause from affidavit33 citing cases“when a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, the 'totality of the circumstances' presents a 'substantial basis' for conducting a search for that evidence.”8 citing courts quote it · passage not found verbatim in the opinion (90%) · 27 listed here
  • United States v. Robert Smith, No. 25-5758 (6th Cir. Mar. 10, 2026).unpublished
    United States v. Pelham, 801 F.2d 875, 878 (6th Cir. 1986).
  • United States v. Scott Lantzy, No. 22-1472 (6th Cir. Oct. 4, 2023).unpublished
    As here, “[w]hen a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, ‘the totality of the circumstances’ presents a ‘substantial basis’ for conducting a search for that evi…
  • United States v. Christopher Bryant, No. 21-3524 (6th Cir. Apr. 4, 2022).unpublished
    See, e.g., United States v. Woods, 858 F. App’x 868 , 870–72 (6th Cir. 2021); United States v. Hodge, 714 F.3d 380 , 384–85 (6th Cir. 2013); United States v. Kinison, 710 F.3d 678 , 682–83 (6th Cir. 2013); United States v. Miller, 314 F.3d…
  • Lamonte Drake v. Commonwealth of Kentucky, No. 2019 CA 001358 (Ky. Ct. App. Dec. 3, 2020).unpublished
    “When a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, the totality of the circumstances presents a substantial basis for conducting a search for that evidence.” U.S. v.…
  • United States v. Tyslen Baker, 976 F.3d 636 (6th Cir. 2020).published
    On one end of this witness spectrum, we have held that “a known informant’s statement can support probable cause even though the affidavit fails to provide any additional basis for the known informant’s credibility and the informant has ne…
  • United States v. Gerson Serrano-Ramirez, No. 19-5553 (6th Cir. May 1, 2020).unpublished
    In essence, the Affidavit exhibited on its face “the probability . . . of criminal activity.” United States v. Pelham, 801 F.2d 875, 878 (6th Cir. 1986).
  • United States v. Oakes, 320 F. Supp. 3d 956 (M.D. Tenn. 2018).published
    "When a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, the totality of the circumstances presents a substantial basis for conducting a search for that evidence" and the…
  • United States v. Arthur Alford, No. 16-6739 (6th Cir. Nov. 22, 2017).unpublished
    See United States v. Miller, 314 F.3d 265, 270 (6th Cir. 2002); United States v. Pelham, 801 F.2d 875, 878 (6th Cir. 1986).
  • United States v. Howard, 632 F. App'x 795 (6th Cir. 2015).unpublished
    See, e.g., United States v. Kinison, 710 F.3d 678, 683 (6th Cir.2013) (holding probable cause existed based on informant’s “credibility as a named informant along with [her] decidedly intimate relationship” with the suspect, as revealed in…
  • United States v. Houston, 965 F. Supp. 2d 855 (E.D. Tenn. 2013).published
    “Statements from a source named in a warrant application ... are generally sufficient to establish probable cause without further corroboration because the legal consequences of lying to law enforcement officials tend to ensure reliability…
Show 17 more citing cases
  • United States v. Lonnie Hodge, 714 F.3d 380 (6th Cir. 2013).published
    (When a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit,” probable cause is generally established)
  • United States v. Ellis, 910 F. Supp. 2d 1008 (W.D. Mich. 2012).published 2 cites
    See Gates, 462 U.S. at 234 , 103 S.Ct. 2317 (noting that even where there is “doubt as to an informant’s motives, his explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed first-hand, e…
  • United States v. Williams, 289 F. App'x 868 (6th Cir. 2008).unpublished 2 cites
    We have held that “[w]hen a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, the totality of the circumstances presents a substantial basis for conducting a search for tha…
  • United States v. Braden, 248 F. App'x 700 (6th Cir. 2007).unpublished 4 cites
    In United States v. Pelham, 801 F.2d 875, 878 (6th Cir.1986), we upheld as sufficient an affidavit stating only that the named informant had seen the defendant sell drugs in his home within the past twenty-four hours.
  • United States v. Perry, 247 F. App'x 712 (6th Cir. 2007).unpublished 2 cites
    “When a witness has seen evidence in a specific location in the immediate past [24 hours], and is willing to be named in the affidavit, the ‘totality of the circumstances’ presents a ‘substantial basis’ for conducting a search for that evi…
  • United States v. Jackie McCraven, 401 F.3d 693 (6th Cir. 2005).published
    We know this because the Allen court relied in part on United States v. Pelham, 801 F.2d 875, 878 (6th Cir.1986), cert. denied, 479 U.S. 1092 , 107 S.Ct. 1305 , 94 L.Ed.2d 160 (1987), which upheld the sufficiency of an affidavit stating on…
  • United States v. McCraven, No. 03-6311 (6th Cir. Mar. 17, 2005).published
    We know this because the Allen court relied in part on United States v. Pelham, 801 F.2d 875, 878 (6th Cir. 1986), cert. denied, 479 U.S. 1092 (1987), which upheld the sufficiency of an affidavit stating only that a named informant – whose…
  • United States v. Tolbert, 112 F. App'x 440 (6th Cir. 2004).unpublished
    “In a practical sense, there could hardly be more substantial evidence of the existence of the material sought and its relevance to a crime than [the informant’s] direct viewing of marijuana in [the defendant’s] house.” United States v. Pe…
  • United States v. McIntosh, 109 F. App'x 65 (6th Cir. 2004).unpublished
    See, e.g., United States v. Finch, 998 F.2d 349, 352 (6th Cir.1993) (affidavit linked the defendant with the residence that was subject to the search); United States v. Pelham, 801 F.2d 875, 878 (6th Cir.1986) (same).
  • United States v. Dennis Washington & Ebony Brown, 380 F.3d 236 (6th Cir. 2004).published 2 cites
    (When a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, the `totality of the circumstances' presents a `substantial basis' for conducting a search for…)
  • United States v. Leon Combs, 369 F.3d 925 (6th Cir. 2004).published
    This court recognizes that “[w]hen a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, the *938 ‘totality of the circumstances’ presents a ‘substantial basis’ for conductin…
  • United States v. Gallatin, 88 F. App'x 54 (6th Cir. 2004).unpublished
    “When a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, the ‘totality of the circumstances’ presents a ‘substantial basis’ for conducting a search for that evidence.” Uni…
  • In re DaimlerChrysler Ag Sec. Litig., 216 F.R.D. 395 (E.D. Mich. 2003).published
    See Feathers v. Aey, 319 F.3d 843, 850 (6th Cir.2003); United States v. Pelham, 801 F.2d 875, 878 (6th Cir.1986).
  • United States v. Cooper, 1 F. App'x 399 (6th Cir. 2001).unpublished 2 cites
    As this Court has previously recognized, “there could hardly be more substantial evidence of the existence of the material sought and its relevance to a crime than [the informant’s] direct viewing of the [evidence] in [the suspect’s] house…
  • United States v. Beard, 58 F. Supp. 2d 747 (E.D. Mich. 1999).published 3 cites
    Rather, “the traditional standard for review of an issuing magistrate’s probable-cause determination has been that so long as the magistrate had a ‘substantial basis ... for concluding]’ that a search would uncover evidence of wrongdoing,…
  • United States v. Johnson, 34 F. Supp. 2d 535 (E.D. Mich. 1998).published 2 cites
    Rather, “the traditional standard for review of an issuing magistrate’s probable-cause determination has been that so long as the magistrate had a ‘substantial basis ... for concluding]’ that a search would uncover evidence of wrongdoing,…
  • United States v. Wolfe, 22 F. Supp. 2d 627 (E.D. Mich. 1998).published 3 cites
    Rather, “the traditional standard for review of an issuing magistrate’s probable-cause determination has been that so long as the magistrate had a ‘substantial basis ... for concluding]’ that a search would uncover evidence of wrongdoing,…
At page 877 Determining probable cause using totality of circumstances49 citing cases“should not be set aside unless arbitrarily exercised.”5 citing courts quote it · 22 listed here
  • Stucker v. Louisville Metro Gov't, No. 3:20-cv-00809, 2023 WL 2293355 (W.D. Ky. Feb. 28, 2023).
    This Circuit “pays great deference to the determinations of probable cause made by a state magistrate, whose findings ‘should not be set aside unless arbitrarily exercised[,]’”2 except for when “it is obvious that no reasonably competent o…
  • United States v. Natalia Hoang, 487 F. App'x 239 (6th Cir. 2012).unpublished 2 cites
    United States v. Leon, 468 U.S. 897, 914 (1984); United States v. Pelham, 801 F.2d 875, 877 (6th Cir. 1986).
  • United States v. Savoy, 280 F. App'x 504 (6th Cir. 2008).unpublished
    States v. Davidson, 936 F.2d 856, 859 (6th Cir.1991)). “ ‘This court pays great deference to the determinations of probable cause made by a state magistrate, whose findings should not be set aside unless arbitrarily exercised.’ ” United St…
  • United States v. Hawkins, 555 U.S. 1019 (2008).unpublished
    This court will uphold a warrant where the issuing judge “had a ‘substantial basis for ... concluding’] that a search would uncover evidence of wrongdoing.” United States v. Leake, 998 F.2d 1359, 1363 (6th Cir.1993) (quoting United States…
  • United States v. Yarbrough, 272 F. App'x 438 (6th Cir. 2007).unpublished
    We will uphold a warrant where the “magistrate had a ‘substantial basis for ... concluding]’ that a search would uncover evidence of wrongdoing.” United States v. Leake, 998 F.2d 1359, 1363 (6th Cir.1993)(quoting United States v. Pelham, 8…
  • United States v. Schoeninger, 254 F. App'x 504 (6th Cir. 2007).unpublished
    “This court pays great deference to the determinations of probable cause made by a state magistrate, whose findings ‘should not be set aside unless arbitrarily exercised.’ ” United States v. Weaver, 99 F.3d 1372, 1376 (6th Cir.1998) (quoti…
  • United States v. Romero, No. 05-1512 (6th Cir. June 30, 2006).published
    When determining whether an arrest was supported by probable cause, we utilize a “totality-of-the-circumstances approach.” United States v. Pelham, 801 F.2d 875, 877 (6th Cir. 1986), cert. denied, 479 U.S. 1092 (1987) (quoting Gates, 462 U…
  • United States v. Richard David Romero, Israel Santiago, 452 F.3d 610 (6th Cir. 2006).published
    When determining whether an arrest was supported by probable cause, we utilize a “totality-of-the-circumstances approach.” United States v. Pelham, 801 F.2d 875, 877 (6th Cir.1986), cert. denied, 479 U.S. 1092 , 107 S.Ct. 1305 , 94 L.Ed.2d…
  • United States v. France, 167 F. App'x 535 (6th Cir. 2006).unpublished
    This court is required to give “great deference” to the issuing judge’s determination of probable cause, which “should not be set aside unless arbitrarily exercised.” Id. at 1363 (quoting United States v. Pelham, 801 F.2d 875, 877 (6th Cir…
  • United States v. Hopper, 58 F. App'x 619 (6th Cir. 2003).unpublished
    Courts should pay great deference to the determinations of probable cause made by a magistrate, whose judgment “should not be set aside unless arbitrarily exercised.” United States v. Pelham, 801 F.2d 875, 877 (6th Cir.1986).
Show 12 more citing cases
  • United States v. Carl Ray Miller, 314 F.3d 265 (6th Cir. 2002).published 2 cites
    United States v. Pelham, 801 F.2d 875, 877 (6th Cir.1986) (citing Ventresca, 380 U.S. at 109 , 85 S.Ct. 741 ).
  • United States v. James Elkins Carol Elkins, United States of Am. v. Carol Elkins James Elkins, 300 F.3d 638 (6th Cir. 2002).published 2 cites
    Such affidavits “are normally drafted by non-lawyers in the midst ... of a criminal investigation,” and should be interpreted in “a commonsense manner,” not by imposing “[technical requirements of elaborate specificity.” United States v. P…
  • United States v. Ware, 154 F. Supp. 2d 1016 (W.D. Ky. 2001).published
    This Court pays “great deference” to an issuing magistrate’s findings, and will not set them aside unless “arbitrarily exercised.” United States v. Leake, 998 F.2d 1359, 1363 (6th Cir.1993); United States v. Pelham, 801 F.2d 875, 877 (6th…
  • United States v. Black, 8 F. App'x 408 (6th Cir. 2001).unpublished
    Although we owe no particular deference to the conclusions of the district court, which sat as a reviewing court, we must pay “ ‘great deference’ ” to the state judge’s findings, which “ ‘should not be set aside unless arbitrarily exercise…
  • United States v. Vernon L. Murphy, 241 F.3d 447 (6th Cir. 2001).published
    We give great deference to the determinations of probable cause made by a magistrate judge, whose findings “should not be set aside unless arbitrarily exercised.” United States v. Weaver, 99 F.3d 1372, 1376 (6th Cir.1996) (citing United St…
  • United States v. Kenneth King, 227 F.3d 732 (6th Cir. 2000).published 2 cites
    This court pays "'great deference'" to a magistrate's findings, which "'should not be set aside unless arbitrarily exercised.'" Leake, 998 F.2d at 1363 (quoting United States v. Pelham, 801 F.2d 875, 877 (6th Cir. 1986) (citing Gates, 462…
  • United States v. Kenneth Eugene Allen, 168 F.3d 293 (6th Cir. 1999).published 10 cites
    This court pays “‘great deference’” to a magistrate’s findings, which “ ‘should not be set aside unless arbitrarily exercised.’ ” United States v. Leake, 998 F.2d 1359, 1363 (6th Cir.1993) (quoting United States v. Pelham, 801 F.2d 875, 87…
  • United States v. James H. Spikes (96-3899) Marilyn Smith (96-3660), 158 F.3d 913 (6th Cir. 1998).published
    In the end, a warrant will be upheld if there was a “ ‘substantial basis for ... concluding]’ that a search would uncover evidence of wrongdoing.” Id. (quoting United States v. Pelham, 801 F.2d 875, 877-78 (6th Cir.1986)).
  • United States v. Terrance D. Brown, 147 F.3d 477 (6th Cir. 1998).published 2 cites
    In Illinois v. Gates, the Supreme Court established that a warrant must be upheld as long as the “magistrate had a ‘substantial basis for ... concluding]’ that a search would uncover evidence of wrongdoing____” Illinois v. Gates, 462 U.S.…
  • United States v. Gary Lynn Weaver, 99 F.3d 1372 (6th Cir. 1998).published
    In Illinois v. Gates, the Supreme Court established that a warrant must be upheld as long as the “magistrate had a ‘substantial basis for ... concluding’ that a search would uncover evidence of wrongdoing. ...” 462 U.S. 213, 236 , 103 S.Ct…
  • United States v. Bryant, 951 F. Supp. 674 (E.D. Mich. 1997).published
    United States v. Pelham, 801 F.2d 875, 877 (6th Cir.1986).
  • United States v. Dhia Kalasho & Romel Yousif Denha, 87 F.3d 1315 (6th Cir. 1996).unpublished
    On review, the "issuing magistrate's probable cause determination 'should be paid great deference by the reviewing courts....' " United States v. Pelham, 801 F.2d 875, 877 (6th Cir.1986) (quoting Spinelli v. United States, 393 U.S. 410, 41…
At page 876 cited at this page1 citing case
  • United States v. Christopher Houghton, No. 20-1535 (6th Cir. July 1, 2021).unpublished
    It notes that AMJ was a named informant with recently- gained, detailed, firsthand knowledge of criminal conduct—much like the informant in United States v. Pelham, 801 F.2d 875, 876 (6th Cir. 1986).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James PELHAM, Defendant-Appellant
85-6065.
Court of Appeals for the Sixth Circuit.
Sep 29, 1986.
Published opinion
801 F.2d 875
1986 U.S. App. LEXIS 31367
Leslie I. Ballin (argued), Memphis, Tenn., for defendant-appellant., W. Hickman Ewing, Jr., U.S. Atty., Memphis, Tenn., Timothy R. DiScenza (argued), for plaintiff-appellee.
Keith, Krupansky, Boggs.
Cited by 107 opinions  |  Published
BOGGS, Circuit Judge.

Defendant, James Pelham, was charged in a two-count federal indictment with possession of approximately 30 pounds of marijuana, with intent to distribute. Pelham pled not guilty at his arraignment, and later moved to suppress evidence found in his home. The district court referred the matter to a magistrate who recommended granting Pelham’s suppression motion. However, the district court subsequently denied the motion and permitted the government to present the evidence. Pel-ham reserved his right to appeal from the district court’s denial, changed his plea to guilty, was convicted, and was sentenced to 18 months in prison. He now appeals from the district court’s denial of his motion to suppress. For the reasons set forth below, we affirm the order of the district court.

I.

On January 8, 1985, at approximately 4:00 p.m., officers of the Metro Narcotics Unit of the Shelby County Sheriff’s Department arrested Payton Brown in Memphis, Tennessee, after finding six pounds of marijuana in a truck driven by Brown. When one of the arresting officers, C.R. Swain, asked Brown where he had obtained the marijuana, Brown responded that he had obtained it from the defendant, James Pelham, at 1992 Court Avenue, in Memphis. (Jt.App. 10). The officers handcuffed Brown, put him into the police car, and drove past 1992 Court Street, which Brown visually identified as the place from which he had obtained the marijuana. Ibid.

The officers then drove to the police station, where Officer Swain drafted an affidavit in support of a search warrant for 1992 Court Avenue. The affidavit described the premises to be searched, set forth the belief that Pelham was in possession of marijuana on the premises, and stated Swain’s “reasons for such belief” as follows:

On January 8, 1985 the affiant [Swain] talked to Payton Brown who stated to the affiant that within the past twenty-four (24) hours he had been inside the above described residence of Jim Pelham and had seen Jim Pelham storing & selling Marijuana inside the aforementioned residence, the same being located in Memphis, Shelby County, Tennessee.

(Jt.App. iii). Swain had never drafted a warrant affidavit based upon the statements of a named individual and he therefore consulted with two, more experienced, officers. The other officers agreed that naming Brown in the affidavit as the source of the information would show sufficient reliability and probable cause on which to base the search warrant.

Swain then took the affidavit to an issuing magistrate, Judge Hackett of the civil division of the Tennessee General Sessions Court, and requested a search warrant. It also appears from the record that Officer Swain orally related to Judge Hackett additional information not contained in the affidavit, particularly that Brown had been arrested and that Brown had visually identified Pelham’s house to Swain. (Jt.App. 29-30). Judge Hackett issued the search warrant, which was executed soon thereafter. The search uncovered approximately thirty pounds of marijuana in Pelham’s house. Pelham was charged by a federal grand jury in a two-count indictment with possession of marijuana, with intent to distribute. 21 U.S.C. § 841(a)(1), 18 U.S.C. § 2. [1] (Jt.App. 5).

[*877] Following a suppression hearing, Magistrate Aaron Brown recommended granting Pelham’s motion to suppress, concluding that the affidavit lacked probable cause and that Officer Swain’s actions did not satisfy the good-faith exception rule of United States v. Leon, 468 U.S. 897, 104 S.Ct. 3430, 82 L.Ed.2d 702 (1984). The district court judge agreed with Magistrate Brown that the affidavit did not show probable cause, but upheld the warrant, finding that Swain had acted in the good-faith belief that the warrant was valid. After changing his plea to guilty and reserving his right to appeal from the court’s denial of his suppression motion, Pelham was convicted on Count I of the indictment. [2] Pel-ham now argues that the district court erred in denying his motion to suppress because the affidavit lacked probable cause and Officer Swain did not act with either objective or subjective good faith. The government contends that the warrant was based on probable cause and that, even if no probable cause existed, Swain’s reasonable belief that the warrant was valid is sufficient under Leon.

II.

In Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the Supreme Court rejected the rigid, two-prong probable cause test established in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). The Aguilar-Spinelli test required that a search warrant affidavit based on an informant’s tip contain (1) information regarding the “reliability” or “credibility” of the informant, and (2) information detailing “some of the underlying circumstances from which the informant” obtained the information. Aguilar, 378 U.S. at 114, 84 S.Ct. at 1513-14. The Gates court explained that while these elements “may usefully illuminate the commonsense, practical question of whether there is ‘probable cause’ to believe that contraband or evidence is located in a particular place,” they should not be “rigidly exacted in every case_” Gates, 462 U.S. at 230, 103 S.Ct. at 2328. Instead, the Court adopted a “totality-of-the-circumstances approach” to determine the existence of probable cause, noting that probable cause is a “practical, nontechnical conception” that deals with “the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” Id. at 230-31, 103 S.Ct. at 2328, 29 (quoting Brinegar v. United States, 338 U.S. 160, 175, 176, 69 S.Ct. 1302, 1311, 93 L.Ed. 1879 (1949)). The Supreme Court has also recognized that affidavits “are normally drafted by non-lawyers in the midst and haste of a criminal investigation. Technical requirements of elaborate specificity once exacted under common law pleading have no proper place in this area.” United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 745-46, 13 L.Ed.2d 684 (1965), quoted in Gates, 462 U.S. at 235, 103 S.Ct. at 2330-31.

Furthermore, an issuing magistrate’s probable cause determination “should be paid great deference by the reviewing courts,” Spinelli, 393 U.S. at 419, 89 S.Ct. at 591-92, and “should not be set aside unless arbitrarily exercised.” United States v. Swihart, 554 F.2d 264, 270 (6th Cir.1977). The courts should not undertake a de novo review of the sufficiency of an affidavit, Gates, 462 U.S. at 236, 103 S.Ct. at 2331 nor should they “invalidate [a] warrant by interpreting [an] affidavit in a hy-pertechnical, rather than a commonsense, manner.” Ventresca, 380 U.S. at 109, 85 S.Ct. at 746. Reflecting a preference for the search warrant process over warrant-less searches, “the traditional standard for review of an issuing magistrate’s probable-cause determination has been that so long as the magistrate had a ‘substantial basis[*878] for ... concluding]’ that a search would uncover evidence of wrongdoing, the Fourth Amendment requires no more.” Gates, 462 U.S. at 236, 103 S.Ct. at 2331 (quoting Jones v. United States, 362 U.S. 257, 271, 80 S.Ct. 725, 736, 4 L.Ed.2d 697 (1960)). See Ventresca, 380 U.S. at 102, 85 S.Ct. at 74243; Swihart, 554 F.2d at 270.

III.

The issue in the present case, then, is whether the “totality of the circumstances” supported the issuing magistrate’s finding that there existed a “substantial basis” to conclude “that a search would uncover evidence of wrongdoing_” Gates, 462 U.S. at 236, 103 S.Ct. at 2331. The issuing magistrate in this case, Judge Hackett, had before him the affidavit from Officer Swain, which described Pelham’s property, set forth Swain’s belief that marijuana was on the premises, and offered Swain’s reasons for that belief. He also had Swain’s additional, oral, statements concerning the circumstances surrounding Payton Brown’s arrest and Brown’s earlier statements to Swain regarding the source of the marijuana.

We first address the question of whether the affidavit was adequate on its face to create a “substantial basis” for concluding “that a search would uncover evidence of wrongdoing.” As defense counsel argues, the information contained in the affidavit could have been more detailed. However, we reiterate that affidavits are “normally drafted by nonlawyers in the midst and haste of a criminal investigation” and must therefore be interpreted in a “commonsense,” rather than a “hypertechnical,” manner. Ventresca, 380 U.S. at 108, 109, 85 S.Ct. at 746. Interpreting Swain’s affidavit in a commonsense manner, we hold that Judge Hackett had a substantial basis for concluding that a search would uncover evidence of wrongdoing.

The affidavit, which was based on the statements of a named informant, stated that “within the past twenty-four (24) hours [Brown] had been inside the ... residence of Jim Pelham and had seen Jim Pelham storing & selling Marijuana....” (Jt.App. iii). In a practical sense, there could hardly be more substantial evidence of the existence of the material sought and its relevance to a crime than Brown’s direct viewing of marijuana in Pelham’s house. When a witness has seen evidence in a specific location in the immediate past, and is willing to be named in the affidavit, the “totality of the circumstances” presents a “substantial basis” for conducting a search for that evidence. In essence, Swain’s affidavit exhibited on its face “the probability ... of criminal activity.” See Spinelli, 393 U.S. at 419, 89 S.Ct. at 590, 591, quoted in Gates, 462 U.S. at 235, [3] 103 S.Ct. at 2330-2331.

We hold that the information contained in the affidavit, which was based on the statements of a named informant, gave the issuing magistrate a substantial basis for concluding that a search would uncover evidence of wrongdoing. Therefore, Judge Hackett had probable cause for issuing the search warrant, and the district court correctly denied Pelham’s suppression motion. Accordingly, the order of the district court, denying Pelham’s motion to suppress evidence found as a result of a properly executed search warrant, is AFFIRMED.

1

. Section 841(a)(1), 21 U.S.C., makes it unlawful "for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance_" Section 812, Schedule I(c)(10), 21 U.S.C., lists "marihuana" as a “controlled substance.” Section 2, 18[*877] U.S.C., is the general "aiding and abetting” statute.

2

. Count I charged that Pelham "willfully, knowingly and intentionally did possess with the intent to distribute approximately thirty pounds of marijuana...." Count II, which was dismissed, additionally charged Pelham with actual distribution. (Jt.App. 5-6).

3

. Because we hold that Swain’s affidavit was adequate on its face, we do not reach the question of whether the "totality of the circumstances” approach set forth in Gates could have been satisfied by combining an inadequate affidavit with Swain’s additional, oral, statements to Judge Hackett.