(Photo: Jon Richfield via Wikimedia Commons) State High Court Decides Appellate Split: Can the Smell of Burnt Cannabis Alone Justify Vehicle Search?
"It seemed to us from the beginning that this was a logical outcome after the legalization of recreational cannabis. We hold out hope for the cases where the search was allegedly justified by the smell of raw cannabis, which we expect to receive shortly," said the plaintiff's attorney, Bruce L. Carmen of Carmen Law Office in Cambridge, Illinois.
September 23, 2024 at 10:48 AM
4 minute read
State and Local Government
Law enforcement in Illinois cannot rely on the odor of burned cannabis to search a motor vehicle without a warrant, the state's supreme court held Thursday.
Thursday's decision corrected a split between the state's appellate courts. The Illinois Second District Appellate Court held in a 2023 decision in People v. Harris that the smell of cannabis, standing alone, could justify a warrantless search of an automobile. In contrast, the state's Third District Appellate Court held that the odor alone could not justify probable cause to search a vehicle in its 2022 decision in People v. Stribling.
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