Where there was no binding circuit precedent, pre-Jones placement of a GPS could not be protected by Davis. There were, however, court orders for cell phone tracking. The court finds that these orders were not sufficient to provide an independent source for the detailed tracking information the GPS provided. United States v. German, 2013 U.S. Dist. LEXIS 50462 (D. Md. April 8, 2013):
The Government has not met its burden of proving that the independent source or inevitable discovery doctrines apply. As to the independent source doctrine, the Government has not shown by a preponderance of the evidence that they obtained the same surveillance evidence through use of authorized cell phone tracking. As to the inevitable discovery doctrine, the Court is not persuaded that law enforcement "inevitably" would have obtained the same evidence, particularly given the duration and scope of the surveillance and the officers' necessarily limited resources.
911 shots fired call coupled with a reasonable belief the shooter went into the house justified a hot pursuit into the house. Opening a basement door and finding the gun was not unreasonable. United States v. Barclay, 2013 U.S. Dist. LEXIS 50914 (N.D. Ohio April 9, 2013).*
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