No. 18-6531

Tyler G. Eppes v. United States

Lower Court: Armed Forces
Docketed: 2018-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process evidence evidence-suppression inevitable-discovery military-magistrate personal-bags scope-of-search scrivener's-error search-authorization search-warrant serivener's-error
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Was this an error?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. SCRIVENER’S ERROR The lower court held that the search of petitioner’s personal bags did not exceed the scope of the search authorization despite the fact that the military magistrate did not authorize this search. The lower court’s holding turned on its determination that this omission was a serivener’s error, despite no evidence to support this conclusion. Was this an error? 2. INEVITABLE DISCOVERY The lower court applied the doctrine of inevitable discovery to resuscitate a defective warrant, where the government failed to show that any of evidence would have been inevitability discovered. In doing so, the court applied this doctrine more broadly that any other federal circuit court. Was this error? . I

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent United States to respond filed.
2018-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2018)

Attorneys

Tyler G. Eppes
Tyler G. Eppes — Petitioner
Tyler G. Eppes — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent