stating that when officers engage in "flagrantly illegal, investigatory seizures," the discovery of a warrant does not attenuate the initial fllegal detention
How later courts described this case
- stating that when officers engage in "flagrantly illegal, investigatory seizures," the discovery of a warrant does not attenuate the initial fllegal detention
Written by the judges who cited it.
The opinion
LUMPKIN, Viee-Presiding Judge:
concur in result.
T1 While I might, in the proper case, be inclined to agree with some of the legal principles set forth in today's lengthy Summary Opinion, Le., the so-called "issue of first impression" the Court purports to adopt, that discussion is irrelevant in resolving the question at issue in this case. Thus, the Court's adopted rule is purely dicta and should be considered as such.
T2 The record shows that Officer Wall had, at the time he stopped the vehicle in question, a reasonable suspicion of illegal activity, if not probable cause. The police had been advised of illegal drug activity taking place at the motel in room 25. Upon arriving, Officer Petrashek observed Glen Martin approaching room 25. Upon seeing Petrashek, Martin abruptly turned around and left. When questioned, Martin revealed he went to the motel to buy marijuana from Appellant and had bought marijuana from him on at least four prior occasions. Martin said Appellant had offered to sell marijuana to him that day and had instructed Martin to come to room 25. Based upon this information, a search warrant was issued and in the process of being served. When Appellant and five others exited room 25 and left in a Pontiac, Petrashek related this information to Officer Wall, who then followed the car, eventually pulling it over for what he thought was a municipal traffic violation.
13 Even when there is not yet probable cause to make an arrest, when police officers "[hlave a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in or is wanted in connection with a completed felony, then [an investigative] stop may be made to investigate that suspicion." Coulter v. State, 1989 OK CR 42, ¶ 5 , 777 P.2d 1373, 1374 . This was the case here. We need not delve into the municipal ordinance issue, as Officer Wall had every right to stop the vehicle and question those who had left the motel room that was under surveillance.