United States v. One Residential Property Located at 8750 Duncan Road

MEMORANDUM *

Claimants Arthur Harris (“Harris”) and Richard Barnett (“Barnett”) appeal the district court’s denial of their motion to suppress the evidence obtained during two separate searches of Harris’s residence, as well as its grant of summary judgment in favor of plaintiff, the United States government. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . The Fourth Amendment applies to civil forfeiture proceedings. One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 701-02 , 85 S.Ct. 1246 , 14 L.Ed.2d 170 (1965). We review de novo both the denial of a motion to suppress, see United States v. Wright, 215 F.3d 1020, 1025 (9th Cir.2000), and a grant of summary judgment, see Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004).

The district court did not err in denying claimants’ motion to suppress the evidence obtained during the May 6, 2004 search. The search of Harris’s home was made pursuant to a warrant issued by a magistrate. Because the evidence supporting the warrant showed a “fair probability,” see Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), that a gun would be found in the possession of a felon, the warrant was valid. Nor did the…