State v. Arivett, 483 P.3d 29

Police stopped a rental car with Alabama plates for speeding on Highway 140; defendant was a passenger.
Trooper Zwijacz approached, smelled a "moderate" odor of marijuana, and asked questions; occupants said they had been in Cave Junction and that marijuana odor got into clothes after visiting a dispensary.
Officer checked records, asked repeatedly for consent to search, and extended the stop to investigate suspected drug activity; backup arrived and officer searched the vehicle, finding ~5 pounds of marijuana and seizing defendant’s phone.
A warrant search of the phone uncovered images of child pornography; defendant was charged (including conspiracy to export marijuana and encouraging child sex abuse).
Defendant moved to suppress evidence as the stop was unlawfully extended; trial court denied the motion based on the totality (moderate odor, location, rental/out‑of‑state car, no visible luggage, nervousness).
The Court of Appeals reversed: under Article I, §9, the totality of circumstances did not give objectively reasonable suspicion to extend the stop—a moderate marijuana odor plus the other facts was insufficient—and remanded for withdrawal of the conditional pleas.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the officer had reasonable suspicion to extend the traffic stop to investigate possession of an unlawful amount of marijuana (Article I, §9).	Moderate odor of marijuana plus travel location, rental/out‑of‑state car, no visible luggage, and nervousness justified extension.	The moderate smell (post‑decriminalization) only indicates some marijuana may be present; the other facts are innocuous or carry little weight—insufficient for reasonable suspicion.	Reversed: the totality of circumstances did not supply objectively reasonable suspicion to extend the stop.
Whether the same facts supported reasonable suspicion that defendant was exporting marijuana.	Those facts could support suspicion of export.	Record lacks facts showing export activity; trial court did not analyze export suspicion.	Rejected: the record does not support reasonable suspicion of exporting marijuana.

State v. T. T., 308 Or App 408 (explaining that marijuana odor post‑decriminalization is limited evidence of unlawful quantity)
State v. Bowen, 308 Or App 505 (nervousness alone has little weight in reasonable‑suspicion analysis)
State v. Kreis, 365 Or 659 (officer must have subjective belief that is objectively reasonable under the totality of circumstances)
State v. Barber, 279 Or App 84 (extension of a traffic stop requires reasonable suspicion of criminal activity)
State v. Maciel‑Figueroa, 361 Or 163 (reasonable‑suspicion standard requires specific and articulable facts)
State v. Bates, 304 Or 519 (out‑of‑state plates alone do not add to reasonable suspicion)
State v. Maciel, 254 Or App 530 (absence of visible luggage is not probative if luggage could be in plain view or trunk)
State v. Alvarado, 257 Or App 612 (officer training/experience must be explained to give weight to otherwise innocuous facts)
State v. Cecconi, 308 Or App 534 (defendant who prevails on appeal may withdraw a conditional plea)
State v. Kennedy, 295 Or 260 (first‑things‑first doctrine: resolve state constitutional questions before reaching federal issues)