Tyson v. State

Although I agree that this case must be reversed and concur fully with Divisions 2, 3, 5, and 6 and the judgment, I cannot concur with Division 1 that holds that Tyson was the victim of an illegal arrest, or with Division 4 that holds that Tyson’s claim that the trial court erred in allowing testimony about the contents of a lost videotape was moot based on its holding in Division 1. Although I concur with the reversal, I must note that the result reached by the majority would upon retrial necessarily preclude the introduction of all the evidence seized incident to Tyson’s arrest.

*294In Durden v.…