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Tyson v. State

Police officer had no probable cause to arrest defendant for child molestation since he found no physical evidence, no victim and no corroboration of witnesses' claims that they saw the crime committed.

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After a jury trial, Samuel Seymore Tyson appeals his conviction of child molestation. Tyson contends that the trial court erred by 1 denying his motion to suppress, 2 allowing the introduction of sexually explicit material as similar transaction evidence, 3 denying his motion in limine, 4 allowing testimony regarding the contents of a missing videotape, and 5 allowing hearsay testimony. Tyson also contends that the arresting officers failed to provide him with his Miranda warnings. For the reasons set forth below, we reverse.

Viewing the evidence in the light most favorable to the verdict, it reveals that Tyson operated a booth at an Acworth flea market. Tyson is a 47-year-old individual with a third or fourth grade education, who can read very little and can barely sign his name. On the day of the incident, Officer Steven Eidson was patrolling the flea market when he was flagged down by Mr. and Mrs. Glenn who reported that they had seen an individual molesting a young girl. Officer Eidson contacted his supervisor, Sergeant Mitchell, who met him at the flea market. They then proceeded to look for the described individual. The Glenns pointed out Tyson as the molester.

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