Myles v. State

Appellant, whose probation was revoked as a result of his arrest for home invasion robbery, moved to suppress the arrest on the ground that he was merely a bystander. As a result of his arrest the police obtained evidence which incriminated him. We reverse.

A detective responded to the scene of the robbery around 10:00 p.m., and his interview of the victims, a mother and daughter, indicated that two males had entered the home and threatened them at gunpoint. The thirteen year old daughter informed the detective that she saw appellant, who had not entered the home, standing outside her yard on…