United States v. Maurice J. Charest, 602 F.2d 1015 (1st Cir. 1979). · Go Syfert
United States v. Maurice J. Charest, 602 F.2d 1015 (1st Cir. 1979). Cases Citing This Book View Copy Cite
“common sense tells us that it is unlikely that a murderer would hide in his own home a gun used to shoot someone.”
115 citation events (49 in the last 25 years) across 36 distinct courts.
Strongest positive: United States v. Jefferson (ohsd, 2010-06-15) · Strongest negative: United States v. Becker (ca10, 2026-03-09)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" United States v. Becker
10th Cir. · 2026 · signal: but see · confidence high
But see United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979) (holding it was unlikely that a defendant would hide in his home a firearm used in a murder).
discussed Cited "but see" Julie Peffer v. Mike Stephens
6th Cir. · 2018 · signal: but see · confidence high
But see United States v. Charest, 602 F.2d 1015 , 1017 (1st Cir. 1979) (invalidating a warrant because there was "nothing in the affidavit from which a factual «finding could be made that the gun used in the shooting was probably located at defendant’s premises” and "[c]ommon sense tells us that it is unlikely that a murderer would hide in his own home a gun used to shoot someone”), 12 .This area of our jurisprudence is admittedly murky- In United States v. Bethal, the panel declined to find a nexus between the gun the defendant used in a shooting and his resi *272 dence, despite the af…
discussed Cited "but see" United States v. McLellan
1st Cir. · 2015 · signal: but cf. · confidence high
But cf. United States v. Charest, 602 F.2d 1015, 1018 (1st Cir.1979) (finding sixteen days between date of murder and date of affidavit rendered information stale because it was “contrary to common sense and logic to expect a murderer to keep the murder weapon in his own premises for almost three weeks”).
cited Cited "but see" United States v. Hopkins
D.D.C. · 2000 · signal: but see · confidence high
But see United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979) ("Common sense tells us that it is unlikely that a murderer would hide in his own home a gun used to shoot someone else.”). 3 .
discussed Cited as authority (verbatim quote) United States v. Jefferson
S.D. Ohio · 2010 · quote attribution · 1 verbatim quote · confidence high
common sense tells us that it is unlikely that a murderer would hide in his own home a gun used to shoot someone.
discussed Cited as authority (rule) United States v. Roman
1st Cir. · 2019 · confidence medium
A "nexus . . . need not, and often will not, rest on direct observation, but rather 'can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime].'" Feliz, 182 F.3d at 88 (alteration in original) (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979)).
discussed Cited as authority (rule) United States v. Bain
unknown court · 2015 · confidence medium
Rather, in certain circumstances, the nexus between the objects to be seized and the location to be searched “can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime] .... ” Id. (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979)).
discussed Cited as authority (rule) United States v. Joubert (2×)
1st Cir. · 2015 · confidence medium
Nexus “can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment^] and normal inferences as to where a criminal would hide [evidence of a crime.]” United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979).
cited Cited as authority (rule) United States v. Dixon
D. Mass. · 2012 · confidence medium
Feliz, 182 F.3d at 88 (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979)). .
discussed Cited as authority (rule) United States v. Lopez-Diaz
D.P.R. · 2012 · confidence medium
“The probable-cause nexus between enumerated evidence of the crime and the place ‘can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime].’ ” Id. (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979)); United States v. Rodrigue, 560 F.3d 29, 33 (1st Cir.2009).
discussed Cited as authority (rule) United States v. Hicks
7th Cir. · 2011 · confidence medium
Hicks asks us to consider the holding in United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979) that common sense says “that it is unlikely that a murderer would hide in his own home a gun used to shoot someone.” Yet Charest recognized “that time is relative and must be measured by the circumstances of each case.” Id. at 1018 (citing Sgro v. United States, 287 U.S. 206, 210-11 , 53 S.Ct. 138 , 77 L.Ed. 260 (1932)).
cited Cited as authority (rule) United States v. Brito
D. Mass. · 2009 · confidence medium
Id. (alteration in original) (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979)).
cited Cited as authority (rule) United States v. Thompson
D. Mass. · 2009 · confidence medium
Id. (alteration in original) (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979)).
discussed Cited as authority (rule) State v. Evans
N.M. · 2009 · confidence medium
See, e.g., United States v. Waxman, 572 F.Supp. 1136, 1146 (E.D.Pa.1983) (“It does not follow in all cases, however, that simply from the existence of probable cause to believe a suspect is guilty, there also is probable cause to search his residence.”); State v. Dillon, 419 So.2d 46, 51 (La.Ct.App.1982) (“[F]acts supporting probable cause to arrest do not necessarily give rise to probable cause to search a defendant’s residence----”); Commonwealth v. Cinelli, 389 Mass. 197 , 449 N.E.2d 1207, 1216 (1983) (In the context of a murder charge, relying on United States v. Charest, 602 F.2…
discussed Cited as authority (rule) United States v. Rodrigue
1st Cir. · 2009 · confidence medium
“The probable-cause nexus between enumerated evidence of the crime and the place ‘can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime].’ ” Id. (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979)).
examined Cited as authority (rule) State v. Vasquez-Marquez (4×) also: Cited "see"
Utah Ct. App. · 2009 · confidence medium
We reiterate that "[pJrobable cause to believe that a man has committed a crime . does not necessarily give rise to probable cause to search his home." Id. (second alteration and omission in original). . ' The State quotes this case for the proposition that [tlhe nexus between the objects to be seized and the premises searched need not, and often W111 not, rest on direct observatlon, but rather "can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime]." Unit…
discussed Cited as authority (rule) Morgan v. State
Del. · 2008 · confidence medium
United States v. Feliz, 182 F.3d 82, 88 (1st Cir.1999) (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979)); accord Hooks v. State, 416 A.2d at 203 ("The question is whether one would normally expect to find those items at that place.
discussed Cited as authority (rule) United States v. Belton
D.N.H. · 2006 · confidence medium
The information independently gathered by the authorities supports this inference: when Schofield attempted to purchase methamphetamine for the undercover officer, he either traveled into the vicinity of Belton’s residence or called a phone number listed for that address. 11 “The probable-cause nexus between enumerated evidence of the crime and the place ‘can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment, and normal inferences as to where a criminal would hide evidence of a crime.’ ” Ribeiro, 397 F.3d at 49 (quoting U…
discussed Cited as authority (rule) U.S. V. Belton
D.N.H. · 2006 · confidence medium
A warrant application, however, need 30 "The probable-cause nexus between enumerated evidence of the crime and the place 'can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment, and normal inferences as to where a criminal would hide evidence of a crime.'’" Ribeiro. 397 F.3d at 49 (quoting United States v. Charest. 602 F.2d 1015, 1017 (1st Cir. 1979)) (bracketing omitted).
cited Cited as authority (rule) United States v. Walker, Jeffrey S.
7th Cir. · 2005 · confidence medium
Id. at 88 (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979)).
discussed Cited as authority (rule) United States v. Ribeiro
1st Cir. · 2005 · confidence medium
The probable-cause nexus between enumerated evidence of the crime and the place “can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime].” United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979).
discussed Cited as authority (rule) Yancey v. State (2×)
Ark. · 2001 · confidence medium
The First Circuit Court of Appeals characterized this same idea more bluntly, stating: The nexus between the objects to be seized and the premises to be searched need not, and often will not, rest upon direct observation, but rather ‘can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime]....’ United States v. Feliz, 182 F.3d 82, 88 (1st Cir. 1999) (quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979)).
discussed Cited as authority (rule) Yancey v. State
Ark. Ct. App. · 2000 · confidence medium
In so holding, the court stated: The nexus between the objects to be seized and the premises searched need not, and often will not, rest on direct observation, but rather “can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime] . . . .” 182 F.3d at 88 , citing United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
discussed Cited as authority (rule) United States v. James Regis Whitner, Jr., A/K/A Jr
3rd Cir. · 2000 · confidence medium
See also Conley, 4 F.3d at 1207 (“direct evidence linking the place to be searched to the crime is not required”); accord United States v. Malin, 908 F.2d 163, 165-66 (7th Cir.1990); United States v. Jenkins, 901 F.2d 1075, 1080-81 (11th Cir.1990); United States v. Anderson, 851 F.2d 727, 729 (4th Cir.1988); United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979).
discussed Cited as authority (rule) United States v. Feliz
1st Cir. · 1999 · confidence medium
The nexus between the objects to be seized and the premises searched need not, and often will not, rest on direct observation, but rather "can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime]. . . ." United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
discussed Cited as authority (rule) United States v. Feliz
1st Cir. · 1999 · confidence medium
The nexus between the objects to be seized and the premises searched need not, and often will not, rest on direct observation, but rather "can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime]. . . ." United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
discussed Cited as authority (rule) United States v. Yanokura F Eliz
1st Cir. · 1999 · confidence medium
The nexus between the objects to be seized and the premises searched need not, and often will not, rest on direct observation, but rather “can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime].... ” United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979).
examined Cited as authority (rule) State v. Ward (4×) also: Cited "see"
Md. · 1998 · confidence medium
We have been unable to find any case in which a search warrant was issued for a person's home on the sole basis that a handgun had been used by that person in the commission of the type of crime where the bullets used could be traced to the gun." Id. at 1017 (footnotes omitted).
cited Cited as authority (rule) ca10 1997
10th Cir. · 1997 · signal: cf. · confidence medium
Cf. United States v. Charest, 602 F.2d 1015, 1018 (1st Cir.1979) ("The government cannot now change the focus of the case from the validity of the search warrant to a seizure incident to an arrest.
cited Cited as authority (rule) Fernandez v. Immigration & Naturalization Service
10th Cir. · 1997 · signal: cf. · confidence medium
Cf. United States v. Charest, 602 F.2d 1015, 1018 (1st Cir.1979) (“The government cannot now change the focus of the case from the validity of the search warrant to a seizure incident to an arrest.
discussed Cited as authority (rule) Commonwealth v. James
Mass. · 1997 · confidence medium
The defendants rely here, as they did below, on United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979), to support their claim that probable cause to search their residences for knives was not established.
discussed Cited as authority (rule) United States v. Rosario (2×) also: Cited "see"
D.R.I. · 1996 · confidence medium
Lafave, Search and Seizure § 3.7(d) at 103 (2d ed. 1987). “[T]he nexus between the objects to be seized and the premises searched do not have to rest on direct observation, but can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [evidence of a crime]_” United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979); see also, United States v. Kenney, 595 F.Supp. 1453, 1461 (D.Me.1984) (noting that in a drug trafficking scenario “there must be some indication that the hom…
discussed Cited as authority (rule) United States v. Gendron
1st Cir. · 1994 · confidence medium
United States v. Ventresca, 380 U.S. 102 , 109 ______________ _________ (1965); see also, e.g., United States v. Bianco, 998 F.2d ________ ____ _____________ ______ 1112, 1116-17 (2d Cir. 1993); In re Grand Jury Subpoenas, ___________________________ 926 F.2d 847, 855 (9th Cir. 1991); United States v. Antone, _____________ ______ 753 F.2d 1301, 1307 (5th Cir. 1985); United States v. _____________ Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
discussed Cited as authority (rule) United States v. Gendron (2×)
1st Cir. · 1994 · confidence medium
United States v. Ventresca, 380 U.S. 102, 109 , 85 S.Ct. 741, 746 , 13 L.Ed.2d 684 (1965); see also, e.g., United States v. Bianco, 998 F.2d 1112, 1116-17 (2d Cir.1993); In re Grand Jury Subpoenas, 926 F.2d 847, 855 (9th Cir.1991); United States v. Antone, 753 F.2d 1301, 1307 (5th Cir.1985); United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979).
discussed Cited as authority (rule) United States v. Jones
3rd Cir. · 1993 · confidence medium
Instead, probable cause can be, and often is, inferred by "considering the type of crime, the nature of the items sought, the suspect's opportunity for concealment and normal inferences about where a criminal might hide stolen property." United States v. Jackson, 756 F.2d 703, 705 (9th Cir. 1985); accord United States v. Malin, 908 F.2d 163, 165-66 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 (1990); United States v. Jenkins, 901 F.2d 1075, 1080-81 (11th Cir.), cert. denied, 498 U.S. 901 , 111 S.Ct. 259 (1990); United States v. Anderson, 851 F.2d 727, 729 (4th Cir. 1988), cert. denie…
discussed Cited as authority (rule) United States v. Jones
3rd Cir. · 1993 · confidence medium
Instead, probable cause can be, and often is, inferred by "considering the type of crime, the nature of the items sought, the suspect's opportunity for concealment and normal inferences about where a criminal might hide stolen property." United States v. Jackson, 756 F.2d 703, 705 (9th Cir.1985); accord United States v. Malin, 908 F.2d 163, 165-66 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990); United States v. Jenkins, 901 F.2d 1075, 1080-81 (11th Cir.), cert. denied, 498 U.S. 901 , 111 S.Ct. 259 , 112 L.Ed.2d 216 (1990); United States v. Anderson, 851 F.2d 72…
discussed Cited as authority (rule) State v. Castano
Conn. App. Ct. · 1991 · confidence medium
The nexus between the premises and the evidence “ ‘can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [the evidence].’ ” State v. Couture, supra, 537 , quoting, United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
discussed Cited as authority (rule) United States v. Schuster
W.D. Wis. · 1990 · confidence medium
As explained in United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979): [T]he nexus between the objects to be seized and the premises searched do not have to rest on direct observation, but can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences ... [about the suspect’s probable behavior].
discussed Cited as authority (rule) United States v. Buchanan (2×)
W.D. Wis. · 1989 · confidence medium
United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979).
cited Cited as authority (rule) State v. Gagnon
Conn. App. Ct. · 1989 · confidence medium
United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
cited Cited as authority (rule) State v. Vallas
Conn. App. Ct. · 1988 · confidence medium
Ed. 2d 971 (1985), quoting United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
discussed Cited as authority (rule) State v. Faragi
N.H. · 1985 · confidence medium
The defendant’s only authority for challenging this inference is the following statement from the opinion in United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979): “Common sense tells us that it is unlikely that a murderer would hide in his own home a gun used to shoot someone.
examined Cited as authority (rule) United States v. Thomas James Savoca (4×)
6th Cir. · 1985 · confidence medium
See, e.g., United States v. Lockett, 674 F.2d 843, 845-47 (11th Cir.1982); United States v. Green, 634 F.2d 222, 225-26 (5th Cir.1981); United States v. Charest, 602 F.2d 1015, 1017-18 (1st Cir.1979); United States v. Gramlich, 551 F.2d 1359, 1361-62 (5th Cir.), cert. denied, 434 U.S. 866 , 98 S.Ct. 201 , 54 L.Ed.2d 141 (1977); United States v. Bailey, 458 F.2d 408, 409-13 (9th Cir.1972).
cited Cited as authority (rule) State v. Couture
Conn. · 1984 · confidence medium
United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
cited Cited as authority (rule) United States v. Travisano
D. Conn. · 1983 · confidence medium
United States v. Charest, 602 F.2d 1015, 1017 (1st Cir.1979).
discussed Cited as authority (rule) Commonwealth v. Farrell
Mass. App. Ct. · 1982 · confidence medium
Further, it could reasonably be inferred that as a robber the defendant would likely hide the implements and fruits of the crime in a secure place where he could easily regain possession of them, compare United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979), and that his use of other premises under an assumed name was designed to throw the police off his trail.
discussed Cited as authority (rule) State v. Moran
Vt. · 1982 · confidence medium
United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979); United States v. Pheaster, 544 F.2d 353, 373 (9th Cir. 1976), cert. denied, 429 U.S. 1099 (1977). “[E]vidence that a defendant has stolen material which one normally would expect him to hide at his residence will support a search of his residence.” United States v. Maestas, 546 F.2d 1177, 1180 (5th Cir. 1977).
discussed Cited as authority (rule) United States v. Morris
S.D. Ga. · 1980 · confidence medium
Without direct observation, the appropriate indicia establishing this nexus include “the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide [the instruments and fruits of the crime].” United States v. Charest, 602 F.2d 1015, 1017 (1st Cir. 1979).
discussed Cited as authority (rule) United States v. Zurosky
1st Cir. · 1979 · confidence medium
Aguilar v. Texas, 378 U.S. 108, 111 , 84 S.Ct. 1509, 1512 , 12 L.Ed.2d 723 (1964); Grimaldi v. United States, 606 F.2d 332, 338 (1st Cir. 1979); United States v. Charest, 602 F.2d 1015, 1016 (1st Cir. 1979).
discussed Cited as authority (rule) ca1 1979
1st Cir. · 1979 · confidence medium
Aguilar v. Texas, 378 U.S. 108, 111 , 84 S.Ct. 1509, 1512 , 12 L.Ed.2d 723 (1964); Grimaldi v. United States, 606 F.2d 332, 338 (1st Cir. 1979); United States v. Charest, 602 F.2d 1015, 1016 (1st Cir. 1979). 32 In the affidavit, Files stated that he had observed THE SALTY DOG tied up behind the fish warehouse and that he had observed the truck parked at a loading door of the warehouse between 12:15 a. m. and 3:30 a. m.
UNITED STATES of America, Appellee,
v.
Maurice J. CHAREST, Defendant-Appellant
78-1524.
Court of Appeals for the First Circuit.
Aug 1, 1979.
602 F.2d 1015
Michael Avery, Boston, Mass., by appointment of the Court, for defendant-appellant., Joan C. Stanley, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.
Coffin, Bownes, Murray.
Cited by 75 opinions  |  Published
BOWNES, Circuit Judge.

This is an appeal from a conviction for possession and receipt of a firearm, defendant having previously been convicted of a felony, in violation of 18 U.S.C. § 922(h)(1) and 18 U.S.C.App. § 1202(a)(1). The appeal focuses solely on the legality of the seizure at the home of defendant-appellant of the firearm on which the prosecution was based. Appellant attacks the warrant on a number of grounds. Since we find the warrant was invalid because the affidavit failed to supply a sufficient nexus between the[*1016] firearm and defendant’s premises, we treat only this issue.

The base point for a determination of whether there was probable cause for issuing a search warrant is Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), reaffirmed in Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). There must be a “substantial basis” for the magistrate, in this case the Assistant Clerk of the Second District Court of Bristol, Massachusetts, to conclude that evidence of the crime would be found at defendant’s home. Aguilar v. Texas, supra, 378 U.S., at 111, 84 S.Ct. 1509 citing Jones v. United States, 362 U.S. 257, 271, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960). The affidavit must contain facts or circumstances from which the magistrate can make such a determination. Spinelli v. United States, supra, 393 U.S., at 416, 89 S.Ct. 584. Nathanson v. United States, 290 U.S. 41, 47, 54 S.Ct. 11, 78 L.Ed. 159 (1933).

The essential facts here can be stated as follows. On April 3,1977, Dennis Raimondi was found dead from gunshot wounds in his home in Somerset, Massachusetts. During the police investigation, one Robin Raposa was uncovered as a witness. She told the police that she had seen the murder and initially identified one John Lopes as the person who shot Raimondi. She later changed her story and identified defendant as the killer. Sergeant Francis McDonald of the Fall River, Massachusetts, Police Force obtained both an arrest warrant and a search warrant on April 19, 1977, for the defendant’s premises at 84 Danforth Street, Fall River. The gun in question was taken from a bedroom closet shelf. The affidavit for the search warrant states:

The property for which I seek the issuance of a search warrant is the following: (describe property as particularly as possible).
1- Handgun capable of firing a 38 calibre projectile.

Attached to the face page of the affidavit is the following statement:

The following which leads me to believe that Maurice Charest was in possession of a hand gun and certain clothing on our [sic] about April 1,1977. On April 3,1977 the dead body of Dennis Raimondi was found inside a house on Wilbur Avenue Somerset Mass. Subsequent investigation reveals the cause of death to be multiple gunshot wounds to the body of Dennis Raimondi. On April 15 I spoke with a reliable confidential informant, in New Bedford Massachusetts who I have known for the past 5 years and who has given me information that has led to the arrest and conviction of Diane Dixon for murder. My informant told me that on April 1, 1977 it was at the home of Dennis “Danny” Raimondi which is located at 1033 Wilbur Ave. Somerset Massachusetts. My informant told me that at about 10:00 PM, Ramondi’s telephone rang and he answered it. My informant heard Raimondi tell the party on the other end of the line to come over and shortly after he hung up. My informant further stated that shortly after that several males came in to Raimondi’s house and entered it. That Raimondi approached the men and they began to talk. My informant recognized the men as they were known to it. They were identified by it as Robert Luiz, Richard A. Carreiro, Maurice Charest and Paul Barboza. My informant told me that Charest walked over to Raimondi and stated that “You may fuck around with other people but you are not going to fuck around with me.” Then Charest asked how much money Raimondi had. Raimondi and Charest still argued while the other men were there near the door. My informant stated it saw a gun under the waist band area of Charest’s pants. Charest then pushed Raimondi and they struggled and Charest had Raimondi in a bear hug. Then my informant stated it saw Charest back away from Raimondi and say, “They may take your fuckin shit but I’m not going to.” And he shot Raimondi in the chest area then Charest continued to shoot Raimondi. My informant stated that it hid and then heard a car drive away and looked out of a window and saw an old beach-wagon with brown[*1017] wood drive away fast. Of my own personal knowledge I have recently seen Maurice Charest in a car matching this description.

There is nothing in the affidavit from which a factual finding could be made that the gun used in the shooting was probably located at defendant’s premises. As a matter of fact, the affidavit is bare of any assertion that defendant lived at 84 Dan-forth Street. We will assume, however, that sufficient oral information was given to the magistrate for such a finding. We realize that a warrant must be read in a common sense fashion, United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965) and that the nexus between the objects to be seized and the premises searched do not have to rest on direct observation, but can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment and normal inferences as to where a criminal would hide a handgun used in the commission of a murder. United States v. Pheaster, 544 F.2d 353, 373 (9th Cir.1976), ce rt. denied, 429 U.S. 1099, 97 S.Ct. 1118, 51 L.Ed.2d 546 (1977).

Common sense tells us that it is unlikely that a murderer would hide in his own home a gun used to shoot someone. [1] If defendant shot Raimondi, as the affidavit states, one of the first things he would do would be to get rid of the gun. The handgun could easily have been disposed of permanently within a short time after the crime. It is not reasonable to infer that defendant drove from Somerset to Fall River and then casually placed a weapon which had fired more than one bullet into a man on the shelf in his bedroom closet. Ballistics is not only an accurate science, it is also well-known. We have been unable to find any case in which a search warrant was issued for a person’s home on the sole basis that a handgun had been used by that person in the commission of the type of crime where the bullets used could be traced to the gun. [2] The case that comes closest is United States v. Bowers, 534 F.2d 186 (9th Cir.), cert. denied, 429 U.S. 942, 97 S.Ct. 360, 50 L.Ed.2d 311 (1976), in which a warrant was issued for the defendant’s premises on the basis of an affidavit that stated: that shell casings of Finnish, Yugoslavian and Winchester manufacture, crossbow bolts, a section of a newspaper, a pair of sun glasses, and an empty can of Budweiser beer were found at the scene where a park ranger was murdered; that the defendant had a crossbow in his possession about five months prior to the murder; and that the defendant had confessed the murder to the informant. In upholding the warrant, which was found invalid because of lack of nexus in the California state court, the Ninth Circuit quoted from United States v. Damitz, 495 F.2d 50, 55 (9th Cir. 1974), to the effect that the magistrate must only have reasonable grounds to believe that the items are at the premises to be searched. The court found it logical to infer that some of the items sought would probably be at defendant’s premises. Even if we accept Bowers as good precedent, and as to this we have some doubt, it is different from our situation where the affidavit states that the property for which the issuance of a search warrant is sought is a single handgun. In United States v. Flanagan, 423 F.2d 745, 747 (5th Cir. 1970), the Fifth Circuit stated:

The statement, even if reliable, that a named person who is a known felon has committed a burglary, plus possession by the suspect of some of the proceeds when arrested, does not without more authorize the issuance of a warrant to search the residence of the accused miles away.

Flanagan was relied on and the above holding quoted in United States v. Gramlich, 551 F.2d 1359, 1362 (5th Cir. 1977).

This case is distinguishable from United States v. Melvin, 596 F.2d 492 (1st Cir. 1979), in which a warrant was issued based on the reasonable inference that materials[*1018] for making a dynamite bomb would probably be found in defendant’s home. The affidavit stated that bomb squad officers believed that the type of bomb used would have to be put together in a workshop of some sort, as opposed to a vehicle, “because of the type of tools and materials needed to assemble the bomb.” Id. at 495. Although recognizing that it was a close question, the majority held that this established a sufficient nexus between the objects sought and defendant’s home. Melvin, however, is not precedent for establishing an inferential nexus between a single handgun and defendant’s premises without more.

There is, in addition to the total lack of nexus between the gun and defendant’s home, another factor here that militates against the validity of the warrant. There was a time lag of sixteen days between the date of the murder and the date of the affidavit. It is contrary to common sense and logic to expect a murderer to keep the murder weapon in his own premises for almost three weeks. Very recently, in United States v. Salvucci, 599 F.2d 1094 (1st Cir. 1979), we noted, “the Fourth Amendment requires that the supporting affidavits set forth facts sufficient to allow a neutral magistrate to reasonably conclude that the property sought is located on the premises to be searched at the time the warrant issues” (emphasis added). Id. at 1096. See Rosencranz v. United States, 356 F.2d 310, 314-18 (1st Cir. 1966). We realize, of course, that time is relative and must be measured by the circumstances of each case. Sgro v. United States, 287 U.S. 206, 210-11, 53 S.Ct. 138, 77 L.Ed. 260 (1932). In United States v. Dauphinee, 538 F.2d l, 5 (1st Cir. 1976), we stated: “Factors like the nature of the criminal activity under investigation and the nature of what is being sought have a bearing on where the line between stale and fresh information should be drawn in a particular case.” A sixteen day lag between the commission of a murder and the issuance of a search warrant for a murder weapon of this type is too long for a finding of probable cause that the gun will still be located on defendant’s premises.

For the foregoing reasons, we find the search warrant invalid.

The government contends, however, that, even if the search warrant was invalid, the seizure of the handgun was constitutional because it was incident to a lawful arrest. This issue was raised for the first time on appeal. The entire suppression hearing focused on the validity of the search warrant. At the outset of the hearing, the court asked the Assistant United States Attorney, “So this whole thing, I take it, hinges on the legality of the search.” She replied, “Yes, your honor,” and later stated, “I think the overall question, your honor, is whether or not based on the warrant — whether or not the information given to the at [sic ] time clerk of the court was sufficient to provide probable cause for the issuance of the warrant.”

The prosecutrix’s statements accurately reflected the intent and. actions of the police. They sought the warrant specifically to search for “1- Handgun capable of firing a 38 calibre projectile.” They did not seize the gun incident to defendant’s arrest; they seized it under the presumed authority of the search warrant. The government cannot now change the focus of the case from the validity of the search warrant to a seizure incident to an arrest. This would be contrary to the facts of the seizure and the conduct of the suppression hearing. It would, in fact, be an entirely different case.

Reversed and remanded.

1

. The handgun seized at defendant’s home was not the murder weapon.

2

. The Assistant United States Attorney stated at oral argument that she had been unable to find any such case.