DOES THE ODOR OF CANNABIS JUSTIFY A POLICE SEARCH?

The Illinois Supreme Court says it doesn’t.

Before the court’s decision, there had been some confusion on the topic.  One appellate court said that the smell by itself justified a search, while another appellate court said it didn’t.  But the Illinois Supreme Court has ruled: “The laws on cannabis have changed in such a drastic way as to render the smell of burnt cannabis, standing alone, insufficient to provide probable cause for a police officer to search a vehicle without a warrant.” This change in law applies after January 1, 2020.  See People v. Redmond.

The odor of burnt cannabis can still be considered along with other factors in determining whether an officer had probable cause to search your car.  Were you driving erratically?  Were you smoking in the car?  Was there paraphernalia or other signs of use in the car? Was the cannabis lying open on the seat?

Were you on a highway? A highway is defined as “the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property.” If you weren’t on a highway, the rest of the facts against you might not matter.  See 625 ILCS 5/1-126.

If you are charged with DUI or another offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  Did the police have probable cause?  If not, an attorney may be able to petition the court to suppress the evidence from the stop or search.  In some cases, this could result in the court dismissing the charges against you.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)