3 weeks, 3 days ago Capitol News Illinois
High Court rules that smell of burnt cannabis not enough for police to search a vehicle without a warrant
The Illinois Supreme Court says the smell of burnt cannabis is not enough for police to search a vehicle without a warrant.
Capitol News Illinois reports the court’s unanimous decision Thursday stems from a case in in Henry County, where a man was pulled over for speeding and a license plate violation. The state trooper reported the smell of burnt cannabis, and searched the vehicle. He found about a gram of cannabis, and the driver was charged with transporting it illegally – it was supposed to be in a sealed container and out of reach of the driver. But the driver claimed in his case that Illinois’ 2019 law decriminalizing marijuana meant the smell of it shouldn’t be used as probable cause to search his vehicle.
The high court agreed.
