Tyler G. Eppes v. United States
FourthAmendment CriminalProcedure
Was this an error?
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