OR: Smell of MJ around three men was RS as to all

Smell of marijuana around three men was reasonable suspicion as to all. “Defendant argues that, because Ploghoft only detected the odor of marijuana in the vicinity of the men, and could not trace it to defendant in particular, that was inadequate to create a reasonable suspicion as to defendant. We disagree. Here, the odor gave Ploghoft a reasonable suspicion that one or more of the three men was involved in illegal drug activity that warranted further investigation, particularly in light of the informant’s report. …” State v. Acuna, 264 Or. App. ___, 2014 Ore. App. LEXIS 913 (July 2, 2014). [Compare Maryland v. Pringle.]
d
The officer here had no reasonable suspicion of wrongdoing to stop and talk to a motorist parked on the side of the road on a wooded area. While there was a “suspicious” vehicle call, the shoulder of the road is where people are supposed to park, and the motorist decline officer assistance. That’s not suspicious. State v. Moore, 264 Or. App. ___, 2014 Ore. App. LEXIS 907 (July 2, 2014).*