(AllHipHop News) A judge is expected to rule on a controversial injunction to ban rapper Big Bad 40 (previously known as 40 Glocc) from the Arbor Terrace Apartments. The San Bernardino District Attorneys office claims Big Bad 40 is a high ranking member of the Colton City Crips. During the trial, prosecutors presented evidence to a judge that allegedly proved the rappers membership in the gang, by showing videos, lyrics and even a C.C.C. tattoo on his chest. "They are using my songs against me. I thought the Constitution of the United States of America which is where I live grants me the first amendment which is freedom speech, I mean thats what I read," Big Bad 40 said. Prosecuting attorney Marc Vos denied that he was attempting to prevent Big Bad 40 from exercising his right to free speech, which are protected under the 1st Amendment in the Constitution of the United States of America. Instead, Vos claimed that 40 was a hardened gang member who was involved in a wild shootout in 1996, although he was never prosecuted for his role in the gun battle. Police now fear that if 40 returns to Arbor Terrace, aka The Zoo, that crime will shoot back up. "White loiters like his gang -- in the places they loiter, he trespasses like them -- he was caught on surveillance video in their presence," Vos wrote. "He talks their talk, promotes them, wears the Colton beanie, throws up their hand signs, features them in his rap videos."Big Bad 40 vehemently denied participating in any illegal activity and said their was no proof of him shooting, stealing or ever committing a crime. My rights are being violated and somebody is lying on me, Big Bad 40 complained. I dont have any tattoos on my chest and whoever is putting out this wrong information can come over here and take a picture.Big Bad 40 recently thumbed his nose at prosecutors when he released the single F**k the Police and called out the prosecutor in the case, as well as various detectives, by name. 40 believes his taunts have angered prosecutors, who are seeking to prevent him from rapping about his upbringing and his beliefs. They make things up when I boast and brag and tease them in my music they find ways to punish me for not allowing them to dictate what I can and cannot do for my income and entertainment purposes, Big Bad 40 said.