Mosley

MEMORANDUM **

Charles R. Mosley appeals from the district court’s grant of summary adjudication of two of his claims and dismissal of the others. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court properly granted summary adjudication on Mosley’s claim that there was no probable cause to search his residence. The affidavit upon which the search warrant was based stated that trace evidence of murder is often found in the murderer’s home, and that murderers will keep the tools they used and evidence of their crimes in their residences. That is sufficient to establish probable cause to search Mosley’s home. See United States v. Sayakhom, 186 F.3d 928, 934 (9th Cir.1999) (probable cause existed to search residence for evidence of mail fraud where officer stated in affidavit that his experience showed that business operators maintained records in their residences).

The district court also was correct to grant summary adjudication on Mosley’s claim under Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), that the warrant was based on lies. Mosley did not make the required “substantial showing” of deliberate falsehoods or reckless…