Illinois Supreme Court: Smell of Weed is Not Probable Cause to Search Vehicle

Simply smelling burnt cannabis does not give a police officer the right to conduct a warrantless search of an automobile, the Illinois State Supreme Court ruled on Thursday.

Citing significant changes in Illinois marijuana laws, Justice P. Scott Neville Jr. wrote that an Illinois state police officer who pulled over a Chicago man on Interstate 80 did not have probable cause to search the car based only on the fact that he smelled weed. The option was unanimous, with Justice Lisa Holder White not participating.

On Sept. 15, 2020, state police officer Hayden Combs stopped Ryan Redmond on Interstate 80 in Henry County for an improperly secured license plate. Redmond, returning to Chicago after visiting friends in Des Moines, was also traveling 73 miles per hour, three miles per hour over the limit.

According to previous court testimony, Officer Combs smelled burnt cannabis when Redmond rolled down the window. Combs then searched the car and found one gram of marijuana in the center console in a plastic bag.

Redmond was charged with unlawful possession of marijuana by a driver.

Read more about it at CBSnews.com.

Image taken from marijuanamoment.net.

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