According to a defense motion filed in federal court this week, Anthony Lee Jackson, 36, was in his driveway leaning down to kiss his girlfriend goodbye when officers emerged telling him to show his hands.

The motion says officers "did not see, hear, or smell him do anything suspicious or illegal. Nobody had told the police that Mr. Jackson—or even anybody that looked like him—had done anything that would require police intervention. Not a single human being observed anything remotely illegal or suspicious." The motion states the only thing that brought officers to Jackson's street was a Shot Spotter detection alerting them to gunfire, and that Jackson was "promptly detained without further investigation."

But Mobile's Cyber Intelligence Commander Kevin Levy, who spoke in general about the technology and not about this specific case, says that is not how officers are trained to use ShotSpotter.

"What's being told to our officers is that this system just gets you close to where something might have happened. You still have to investigate to determine what happened," said Levy.

The motion points to problems with the use of ShotSpotter in places like Chicago, where an Inspector General report found ShotSpotter alerts rarely led to evidence of a gun crime and that it changed police behavior.

One Chicago man claims the technology was used to falsely accuse him of murder and he sued after spending nearly a year in jail.

"I think that's where some agencies potentially have gone astray, is they put the tool in and they're trying to replace police officers essentially with the tool. Meaning I don't have to do any investigative work. I just show up because it told me to come here, something happened. And I make my case off of that. And that is far from what we do in the city of Mobile," said Levy.

Levy says the set up and use of Shot Spotter varies widely and you're not comparing apples to apples when you compare cities. He also says while other cities reportedly experienced high levels of dead-end alerts, Mobile has not.

"Every 100 times the system goes off, how many times is that not a shot fired and actually something else other than shot fired? I would argue that that's less than 1%, maybe one out of 100. That's based on our own sampling," said Levy.

Mobile Police initially arrested Jackson for carrying a pistol without a permit and discharging a firearm in the city limit last August.

A federal grand jury indicted him in February for being a felon in possession of firearms. But his defense argues the seizure of the firearms was illegal. The motion states ShotSpotter is "unreliable, inaccurate, unvetted" and cannot establish reasonable suspicion. The motion argues using it violated Jackson's Fourth Amendment right that protects people from unreasonable search and seizure. Prosecutors have until June 22nd to respond to the motion.