{"id":12441,"date":"2014-07-07T09:00:20","date_gmt":"2014-07-07T14:00:20","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12441"},"modified":"2014-07-08T05:37:51","modified_gmt":"2014-07-08T10:37:51","slug":"or-smell-of-mj-around-three-men-was-rs-as-to-all","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12441","title":{"rendered":"OR: Smell of MJ around three men was RS as to all"},"content":{"rendered":"<p>Smell of marijuana around three men was reasonable suspicion as to all. \u201cDefendant 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&#8217;s report. &#8230;\u201d <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A151812.pdf\">State v. Acuna<\/a>, 264 Or. App. ___, 2014 Ore. App. LEXIS 913 (July 2, 2014). [Compare <a href=\"http:\/\/scholar.google.com\/scholar_case?case=12376933209316036654&#038;q=Pringle&#038;hl=en&#038;as_sdt=1002\">Maryland v. Pringle<\/a>.]<br \/>\nd<br \/>\nThe 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 \u201csuspicious\u201d vehicle call, the shoulder of the road is where people are supposed to park, and the motorist decline officer assistance. That\u2019s not suspicious. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A150137.pdf\">State v. Moore<\/a>, 264 Or. App. ___, 2014 Ore. App. LEXIS 907 (July 2, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Smell of marijuana around three men was reasonable suspicion as to all. \u201cDefendant 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 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12441\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[],"class_list":["post-12441","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12441","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12441"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12441\/revisions"}],"predecessor-version":[{"id":12453,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12441\/revisions\/12453"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12441"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12441"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12441"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}