Atterberry v. State

In Atterberry v. State, 1986 OK CR 147, 726 P.2d 898, a jogger reported to a police officer that a man was following her in his pickup truck and staring at her as she jogged in a park. The officer stopped the man in question to investigate. The man then dropped a white package to the ground which, upon examination, contained a white substance which the officer determined was a narcotic. The man moved to suppress the methamphetamine on the ground of illegal arrest, stating that the police lacked probable cause to stop and arrest him. The court held that the police have "... a right and a duty to investigate unusual or suspicious circumstances." Further, if, at the time of arrest, facts and circumstances within the officer's knowledge would be sufficient to warrant a prudent person believing that an offense had been or was being committed, probable cause is established and the arrest is lawful." Id.