123152P.pdf   05/28/2013  United States  v.  Robin Brooks, Jr.
   U.S. Court of Appeals Case No:  12-3152
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author, with Loken, Circuit Judge, and
   Phillips, District Judge]
   Criminal Case - conviction. Need not determine whether cell phone is a
   container for purposes of automobile exception to warrantless search
   because subsequent warrant was an independent source for the evidence
   and independent source requirements were met. District court did not
   abuse its discretion in admitting evidence of cell phone photos and video
   because evidence was intrinsic to charged crimes of bank robbery and
   firearm possession offenses. Admission of evidence from GPS tracking
   device was not an abuse of discretion; courts may take judicial notice of
   the accuracy and reliability to GPS technology, proper foundation was
   laid, business records exception to hearsay rules applied and
   confrontation clause did not apply as the GPS reports were non-
   testimonial. Denial of motion for mistrial based on violation of the
   sequestration order was not an abuse of discretion. Judgment of acquittal
   was properly denied, as there was more than sufficient evidence to
   support bank robbery gun possession convictions.