Gray

Gray v. City of Los Angeles

Good Law
267 F. App'x 589
United States Court of Appeals for the Ninth CircuitFebruary 19, 2008No. 06-55512California491 words

Opinion

lead Opinion

MEMORANDUM **

James Gray appeals the district court’s grant of summary judgment in favor of the defendants and the district court’s denial of his motion to amend his complaint. The facts are known to the parties and need not be repeated here.

Gray claims that the defendants violated 42 U.S.C. § 1983 because they did not have probable cause to arrest him for violating California Penal Code section 12021. We disagree. Examining the totality of the circumstances, the detectives could reasonably conclude that there was a “fair probability” that Gray was a felon in possession of a firearm based on: (1) evidence of a 1990 felony conviction for grand theft; (2) Gray’s admission on the telephone that he currently possessed firearms; (3) the District Attorney’s Office’s conclusion that Gray’s conviction had been dismissed pursuant to California Penal Code section 1203.4 which prohibited him from possessing firearms; (4) a judge’s determination that probable cause existed to issue a search warrant for Gray’s house; and (5) the discovery of three firearms in Gray’s house. See Hart v. Parks, 450 F.3d 1059, 1065-66 (9th Cir.2006).

*590 Gray also challenges the search warrant. 1 In order to…

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