FL2: Cloud of smoke coming from a group gives PC as to no one person without more

“Simply put, the odor of marijuana emanating from a group cannot, by itself, form the basis of a lawful detention of any particular member of that group. Nor can the fact that each member of the group engulfed in ‘billowing smoke,’ as the officer testified, smelled equally of marijuana. Therefore, when the officer detained the entire group, including B.G., based on the odor of marijuana coming from the group, the officer was not engaged in the lawful execution of a legal duty, and that detention was illegal. And because the detention was illegal, B.G.’s refusal to be searched could not support a charge of obstructing an officer without violence. … Therefore, the trial court should have granted B.G.’s motion for dismissal on the resisting charge.” B.G. v. State, 2017 Fla. App. LEXIS 1671 (Fla. 2d DCA Feb. 10, 2017).